Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 48 contracts
Samples: Stock Option Agreement, Stock Option Agreement, Guaranty (Photomatrix Inc/ Ca)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, may terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Lessee's option shall be extinguished.
Appears in 35 contracts
Samples: Cii Financial Inc, Guitar Center Inc, Lease Agreement (I O Magic Corp)
Damage Near End of Term. If at any time during the last six (6) 6 months of the term of this Lease there is damage for which the cost to repair exceeds one month's ’s Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, may terminate this Lease effective sixty (60) 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within thirty (30) 30 days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) 10 days after Lessee's ’s receipt of Lessor's ’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Lessee’s option shall be extinguished.
Appears in 26 contracts
Samples: Net Lease (Dave Inc./De), Multi Tenant Office Lease (Ventyx Biosciences, Inc.), Work Agreement (Glass House Brands Inc.)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 17 contracts
Samples: Exodus Sublease (Exodus Communications Inc), A Lease Agreement (Miravant Medical Technologies), Ddi Corp
Damage Near End of Term. If at any time during the last six (6) 6 months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, may terminate this Lease effective sixty (60) 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within thirty (30) 30 days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) 10 days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Lessee's option shall be extinguished.
Appears in 14 contracts
Samples: Exagen Inc., migcres.com, Liquidmetal Technologies Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 14 contracts
Samples: Lease (Gsi Technology Inc), Lease (Gsi Technology Inc), Lease (Gsi Technology Inc)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("EXERCISE PERIOD"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 7 contracts
Samples: Formfactor Inc, Formfactor Inc, Bikers Dream Inc
Damage Near End of Term. If at any time during the last six (6) 6 months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, may terminate this Lease effective sixty (60) 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within thirty (30) 30 days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) 10 days after LesseeXxxxxx's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Xxxxxx's option shall be extinguished.
Appears in 5 contracts
Samples: Multi Tenant Office Lease (America Great Health), Multi Tenant Office Lease (America Great Health), Multi Tenant Office Lease (America Great Health)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day Initials:________ ________ -8- prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 4 contracts
Samples: Agreement for Purchase and Sale (Artest Corp), Sublease Agreement (Artest Corp), Agreement for Purchase and Sale (Artest Corp)
Damage Near End of Term. If at any time anytime during the last six (6) 6 months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, may terminate this Lease effective sixty (60) 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within thirty (30) 30 days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) 10 days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Lessee's option shall be extinguished.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Item 9 Labs Corp.), printableleaseagreement.org, www.speedytemplate.com
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's ’s Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's ’s option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's ’s election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's ’s receipt of Lessor's ’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's ’s expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 4 contracts
Samples: Commencement of Lease Agreement (Overstock Com Inc), Commencement of Lease Agreement (Overstock Com Inc), Parametric Sound Corp
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5.option to the contrary. 9.6
Appears in 4 contracts
Samples: Boyds Wheels Inc, Boyds Wheels Inc, Boyds Wheels Inc
Damage Near End of Term. If II at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of o1 such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after alter the date xxxx of occurrence of such damage. Provided, however, if If Lessee at al that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance Insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date xxxx which is ten Is Ian (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date xxxx upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full lull force and effect. If II Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 4 contracts
Samples: Amexdrug Corp, Amexdrug Corp, Amexdrug Corp
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's ’s Base Rent, whether or not an Insured insured Loss, Lessor may, at Lessor's ’s option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's ’s election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's ’s receipt of Lessor's ’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's ’s expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 3 contracts
Samples: Emmaus Holdings, Inc., Emmaus Holdings, Inc., Align Technology Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance assurances thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 3 contracts
Samples: Micromem Technologies Inc, Micromem Technologies Inc, Micromem Technologies Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 3 contracts
Samples: Work Letter Agreement (Netcom Systems Inc), Work Letter Agreement (Netcom Systems Inc), Who Vision Systems Inc /Fl
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or for adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 3 contracts
Samples: Marimba Inc, Marimba Inc, Marimba Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.. 9.6
Appears in 2 contracts
Samples: Digital Bridge Inc, Mossimo Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 2 contracts
Samples: Addendum One (Gametech International Inc), Lease Agreement (Gametech International Inc)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, ; or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 2 contracts
Samples: Homestead Com Inc, Homestead Com Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5.option to the contrary. SEE ADDENDUM #58
Appears in 2 contracts
Samples: Meade Instruments Corp, Meade Instruments Corp
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is a damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, Provided however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or for adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of' Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 2 contracts
Samples: Single Tenant Lease (Microage Inc /De/), Microage Inc /De/
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after LesseeXxxxxx's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 2 contracts
Samples: Acceptance Agreement (Supergen Inc), Mohawk Industries Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's ' expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 2 contracts
Samples: Pets Com Inc, Pets Com Inc
Damage Near End of Term. If at any time during the last six (6) 6 months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured insured Loss, Lessor may, at Lessor's option, may terminate this Lease effective sixty (60) 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within thirty (30) 30 days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (iI) the date which is ten (10) 10 days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (iiII) the day prior to the date upon which such option options expires. If Lessee duly exercises such option during such period and end provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Lessee's option shall be extinguished.
Appears in 2 contracts
Samples: Ironclad Performance Wear Corp, Ironclad Performance Wear Corp
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's ’s Base Rent, whether or not an Insured Loss, Lessor Landlord may, at Lessor's Landlord’s option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee Tenant of Lessor's Landlord’s election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee Tenant at that time has an exercisable option to extend this Lease or to purchase the PremisesLease, then Lessee Tenant may preserve this Lease by (a) exercising such option, and (b) providing Lessor Landlord with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's Tenant’s receipt of Lessor's Landlord’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee Tenant duly exercises such option during such period and provides Lessor Landlord with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor Landlord shall, at Lessor's Landlord’s expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 2 contracts
Samples: ADESTO TECHNOLOGIES Corp, Opnext Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this this- Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 2 contracts
Samples: DCH Technology Inc, DCH Technology Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage to the Premises for which the cost to repair (other than the repair of Tenant’s Trade Fixtures or Tenant-Owned Alterations and Utility Installations) exceeds one month's three (3) months’ Base Rent, whether or not an Insured Loss, Lessor Landlord may, at Lessor's Landlord’s option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee Tenant of Lessor's Landlord’s election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee Tenant at that time has an exercisable option to extend this Lease or to purchase the PremisesLease, then Lessee Tenant may preserve this Lease by (a) exercising such option, and (b) providing Lessor Landlord with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's Tenant’s receipt of Lessor's Landlord’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee Tenant duly exercises such option during such period and provides Lessor Landlord with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor Landlord shall, at Lessor's Landlord’s expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 2 contracts
Samples: Penumbra Inc, Penumbra Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option Option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. , If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 2 contracts
Samples: Futon World Inc, Futon World Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60sixty,(60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 2 contracts
Samples: Lease Amendment Agreement (Burke Industries Inc /Ca/), Lease Amendment Agreement (Burke Industries Inc /Ca/)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease Term (or the last 6 months of any Renewal Term) there is damage for which the cost to repair exceeds one month's ’s Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, Landlord may terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so Tenant within thirty (30) days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee Tenant at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee Tenant may preserve this Lease by (a) exercising such option, option and (b) providing Lessor Landlord with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's Xxxxxx’s receipt of Lessor's Landlord’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee Tenant duly exercises such option during such period and provides Lessor Landlord with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor Landlord shall, at Lessor's expense Landlord’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Tenant’s option shall be extinguished.
Appears in 2 contracts
Samples: Lease Agreement (Astra Space, Inc.), Lease Agreement (Astra Space, Inc.)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 2 contracts
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("EXERCISE PERIOD"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 2 contracts
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresexpire. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 2 contracts
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage to the Premises for which the cost to repair (other than the repair of Tenant’s Trade Fixtures or Tenant-Owned Alterations and Utility Installations) exceeds one month's three (3) months’ Base Rent, whether or not an Insured Loss, Lessor Landlord may, at Lessor's Landlord’s option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee Tenant of Lessor's Landlord’s election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee Tenant at that time has an exercisable option to extend this Lease or to purchase the PremisesLease, then Lessee Tenant may preserve this Lease by (a) exercising such option, and (b) providing Lessor Landlord with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's Tenant’s receipt of Lessor's Landlord’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee Tenant duly exercises such option during such period and provides Lessor Landlord with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor Landlord shall, at Lessor's Landlord’s expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails Tenant falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 2 contracts
Samples: Responding Party (Penumbra Inc), Responding Party (Penumbra Inc)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 2 contracts
Samples: Improvement Agreement (Intek Information Inc), Intek Information Inc
Damage Near End of Term. If at any time during the last six twelve (612) months of the term of this Lease there is damage for which the cost to repair exceeds one month's ’s Base Rent, whether or not an Insured Loss, Lessor either party may, at Lessor's either party’s option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee the other party of Lessor's their election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee Tenant at that time has an exercisable option to extend this Lease or to purchase the PremisesLease, then Lessee Tenant may preserve this Lease by (a) exercising such option, and (b) providing Lessor Landlord with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's Tenant’s receipt of Lessor's Landlord’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee Tenant duly exercises such option during such period and provides Lessor Landlord with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor Landlord shall, at Lessor's Landlord’s expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 2 contracts
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("EXERCISE PERIOD"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Leaserepairs. If, or (ii) the day prior to the date upon which such option expires. If and only if, Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Samples: Eroom System Technologies Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Rockford Corp
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, and Lessee may terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so or Lessor within thirty (30) days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) a. the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) b. the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Lessee's option shall be extinguished.
Appears in 1 contract
Samples: Improvement Agreement (Introbiotics Phamaceuticals Inc)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's ’s Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, Landlord or Tenant may terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee the other Party of Lessor's its election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, that if Lessee Landlord elects to end the Lease pursuant to this Paragraph 9.5 but Tenant at that time has an exercisable option to extend this Lease or to purchase the PremisesLease, then Lessee Tenant may preserve this Lease by (a) exercising such option, and (b) providing Lessor Landlord with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's Tenant’s receipt of Lessor's Landlord’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee Tenant duly exercises such option during such period and provides Lessor Landlord with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor Landlord shall, at Lessor's Landlord’s expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Rita Medical Systems Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or w adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Samples: Saba Petroleum Co
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured insured Loss, Lessor may, at Lessor's option, may terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that the time has an exercisable option to extend this the Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence termination notice and Lessee's option shall be extinguished. In the event of this Paragraph 9.5such termination, Lessor shall be entitled to obtain and retain all insurance proceeds payable on account of such Total Destruction; provided, that so long as the amount which Lessor is able to recover from the insurance carriers is not thereby reduced, Lessee shall have the right to obtain and retain insurance proceeds on account of damage to its Trade Fixtures and personal property.
Appears in 1 contract
Samples: United Defense Industries Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate Terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. damage Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earner ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) thereof to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option Terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Samples: Worldwide Medical Corp/Ca/
Damage Near End of Term. If at any time during the last six twelve (612) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent$50,000.00, whether or not an Insured Loss, Lessor or Lessee, may, at Lessor's their own option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i1) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Accelerated Networks Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Intellisys Group Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor Lessee may, at Lessor's option, terminate this Lease effective effectively sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Canmax Inc /Wy/
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then than Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Imagemax Inc
Damage Near End of Term. If Subject to the following sentence, if at any time during the last six (6) months year of the term Term of this Lease as extended from time to time there is damage for which the cost to repair exceeds one month's Base Rentsubstantial damage, whether or not an Insured Loss, Lessor maywhich falls within the classification of Partial Damage, either party may at Lessor's option, its option cancel and terminate this Lease effective sixty (60) days following as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so the other party, within thirty (30) days after the date of occurrence of such damage, of the: first party's election to terminate. ProvidedNotwithstanding the foregoing, however, if Lessee at in the event that time Tenant has an exercisable option to extend or renew this Lease or to purchase Lease, and the Premisestime within which said option may be exercised has not yet expired, then Lessee may preserve this Lease by (a) exercising Tenant shall exercise such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed if it is to make the repairs on or before the earlier of (i) the date which is ten (10) be exercised at all, no later than thirty days after Lessee's receipt the occurrence of Lessor's written notice purporting to terminate this Lease, or (ii) an Insured Loss falling within the day prior to classification of Partial Damage during the date upon which such option expireslast year of the Term. If Lessee Tenant duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceedsthe thirty day period, Lessor Landlord shall, at LessorLandlord's expense expense, repair such damage damage, but not Tenant's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that if Landlord has maintained the required insurance coverages as set forth in Section 11.3, in no event shall Landlord be obligated to spend for such repairs more than the amount of available insurance proceeds, plus the amount of any deductible elected by Landlord. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such the thirty day period, then Landlord may at Landlord's option terminate and cancel this Lease shall terminate as of the date set forth in of the first sentence occurrence of this Paragraph 9.5such damage.
Appears in 1 contract
Samples: Lease (Sports Arenas Inc)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if it Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or funds:(or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Damage Near End of Term. If at any time during the last six (6) 6 months of the term of this Lease there is damage for which the cost to repair exceeds one month's ’s Base RentRent and is estimated by Lessor (in its sole but reasonable discretion) will take more than 90 days to complete the necessary repairs , whether or not an Insured Loss, Lessor may, at Lessor's option, either Party may terminate this Lease effective sixty (60) 120 days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so the other Party within thirty (30) 30 days after the date of occurrence of such damage. Provided; provided, however, if Lessee’s use of the Premises during such 120 day period presents a risk of property damage and/or personal injury as a result of the damage in issue, then Lessor may specify such shorter time period as Lessor reasonably deems advisable under the circumstances, whereupon the Lease will terminate at the expiration of such shorter time period. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) 10 days after Lessee's ’s receipt of Lessor's ’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Non Disturbance and Attornment Agreement (Nexsan Corp)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("EXERCISE PERIOD"(, (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Samples: Microtel International Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is a damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, Provided however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, or Lessee may at Lessor's option, their respective options terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee the other party of Lessorthe party's election to do so within thirty (30) days after the date of occurrence of such damage. Provided; provided, however, that if Lessee at that the time has an exercisable option to extend this Lease or to purchase the PremisesLease, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or option before the earlier of (i) the date which is within ten (10) days after of Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such an option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceedsperiod, Lessor shall, at Lessor's expense expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5Paragraph; provided, however, that in the event Lessor fails to repair the damage to the Premises in a timely manner, Lessee shall have the option to use the proceeds of such insurance obtained by Lessor to perform the repairs of the Premises.
Appears in 1 contract
Damage Near End of Term. If at Notwithstanding any time provisions of Sections 14.2 or 14.3 to the contrary, if damage to or destruction of the Facility occurs during the last twenty-four (24) months of the Term, and if such damage or destruction cannot be fully repaired and restored within six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days immediately following the date of occurrence of such damage loss, either party shall have the right to terminate this Lease by giving written notice to Lessee of Lessor's election to do so the other within thirty (30) days after the date of occurrence damage or destruction, in which event Lessor shall be entitled to retain the insurance proceeds and Lessee shall pay to Lessor on demand the amount of such damage. Providedany deductible or uninsured loss arising in connection therewith; provided, however, that any such notice given by Lessor shall be void and of no force and effect if Lessee at that time has (a) exercises an exercisable available option to extend this Lease the Term for one Extended Term within thirty (30) days following receipt of such termination notice, or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing so long as Lessee is not in default of any kind, and no event has occurred which with the giving of notice or the passage of time, or both, would constitute such a default, under this Lease, the Other Lease and the Tenant Leases, purchases the Leased Property from Lessor with any shortage for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property immediately prior to such damage or destruction. In the event Lessee purchases the Leased Property pursuant to this Section 14.7, the terms set forth in Article XVIII shall apply except that the Fair Market Value Purchase Price shall be reduced by the amount of the insurance proceeds which shall be retained by Lessor, and the sale/purchase must be closed within ninety (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (1090) days after the date of the written notice from Lessee to Lessor of Lessee's receipt of Lessor's written notice purporting intent to terminate this Leasepurchase, or (ii) the day prior to the unless a different closing date is agreed upon which such option expires. If Lessee duly exercises such option during such period in writing by Lessor and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.Lessee
Appears in 1 contract
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or for adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Intertrust Technologies Corp
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.. See Addendum to Lease Paragraphs 57.12 and 57.13
Appears in 1 contract
Samples: Optical Access Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("EXERCISE PERIOD"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Samples: Headway Technologies Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (if) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: CNF Technologies Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to ho Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ton (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Samples: Aetrium Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, may terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the Initials ------- ------- date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Lessee's option shall be extinguished.
Appears in 1 contract
Samples: Skechers Usa Inc
Damage Near End of Term. If at any time during the last six (6) 6 months of this Lease (determined for this purpose with the assumption that Lessee shall exercise any option to extend the term of this Lease the Lease) there is damage for which the cost to repair exceeds one month's six months Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, may terminate this Lease effective sixty (60) 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within thirty (30) 30 days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) thereof needed to make the repairs on or before the earlier of (i) the date which is ten (10) 10 days after Lessee's ’s receipt of Lessor's ’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Wilshire Bancorp Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Damage Near End of Term. If Subject to the following sentence, if at any time during the last six (6) months year of the term Term of this Lease as extended from time to time there is damage for which the cost to repair exceeds one month's Base Rentsubstantial damage, whether or not an Insured Loss, Lessor maywhich falls within the classification of Partial Damage, either Tenant or Landlord may at Lessor's option, its option cancel and terminate this Lease effective sixty (60) days following as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so the other party, within thirty (30) days after the date of occurrence of such damage, of its election to terminate. ProvidedNotwithstanding the foregoing, however, if Lessee at in the event that time Tenant has an exercisable option to extend or renew this Lease or to purchase Lease, and the Premisestime within which said option may be exercised has not yet expired, then Lessee may preserve this Lease by (a) exercising Tenant shall exercise such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed if it is to make the repairs on or before the earlier of (i) the date which is ten (10) be exercised at all, no later than thirty days after Lessee's receipt the occurrence of Lessor's written notice purporting to terminate this Lease, or (ii) an Insured Loss falling within the day prior to classification of Partial Damage during the date upon which such option expireslast year of the Term. If Lessee Tenant duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceedsthe thirty day period, Lessor Landlord shall, at LessorLandlord's expense expense, repair such damage damage, but not Tenant's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that in no event shall Landlord be obligated to spend for such repairs more than the amount of available insurance proceeds, plus the amount of any deductible elected by Landlord. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such the thirty day period, then Landlord may at Landlord's option terminate and cancel this Lease shall terminate as of the date set forth in of the first sentence occurrence of this Paragraph 9.5such damage.
Appears in 1 contract
Samples: Redline Performance Products Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the PremisesPromises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (iiif) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If It Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.. 9.6
Appears in 1 contract
Damage Near End of Term. If at any time during daring the last six twelve (612) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, or Lessee may terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so the other party within thirty (30) days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Lessee's option shall be extinguished.
Appears in 1 contract
Samples: Micrel Inc
Damage Near End of Term. (a) If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rentdamage, whether or not an Insured Loss, which falls within the classification of Premises Partial Damage, Lessor may, may at Lessor's option, option cancel and terminate this Lease effective sixty (60) days following as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) 30 days after the date of occurrence of such damage. Provided(b) Notwithstanding paragraph 9.5(a), however, if in the event that Lessee at that time has an exercisable option to extend or renew this Lease or to purchase Lease, and the Premisestime within which said option may be exercised has not yet expired, then Lessee may preserve this Lease by (a) exercising shall exercise such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed if it is to make the repairs on or before the earlier of (i) the date which is ten (10) be exercised at all, no later than 20 days after Lessee's receipt the occurrence of Lessor's written notice purporting to terminate an Insured Loss falling within the classification of Premises Partial Damage during the last six months of the term of this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceedssaid 20-day period, Lessor shall, at Lessor's expense expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such said 20-day period, then Lessor may at Lessor's option terminate and cancel this Lease shall terminate as of the date set forth expiration of said 20-day period by giving written notice to Lessee of Lessor's election to do so within 10 days after the expiration of said 20 day period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Samples: Lithia Motors Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (I) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereofthereof ) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5.option to the contrary. 9.6
Appears in 1 contract
Samples: Source Scientific Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty shiny (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance Insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of LessorXxxxxx's written notice purporting to terminate this Lease, or (iiII) the day prior to the date upon which such option expires. If It Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Empyrean Bioscience Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, may terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written termination notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Lessee's option shall be extinguished.
Appears in 1 contract
Samples: Burke Flooring Products Inc
Damage Near End of Term. If at Despite any time other provision of this Article 9 to the contrary, if the Premises or the Building is destroyed or damaged by a Casualty where the cost of repair exceeds one month’s Base Rent during the last six ten (610) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured LossTerm, Lessor may, at Lessor's option, and Lessee shall each have the option to terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee the other of Lessor's election to do so the exercise of that option within thirty (30) 30 days after that damage or destruction. If Lessee is not then in default under this Lease (e.g., in default beyond any applicable “cure period” under the date of occurrence of such damage. ProvidedLease), however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve negate Lessor’s election to terminate under this Lease Paragraph 9.5 by (a) exercising such optionelecting, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is within ten (10) days after Lessee's receipt of Lessor's written notice purporting ’s termination notice, to terminate exercise any unexercised option to extend this Lease, or (ii) the day prior to the date upon which such option expires. If if Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the termination notice and Lessee’s option and right of first sentence of this Paragraph 9.5refusal to purchase the Premises shall be extinguished.
Appears in 1 contract
Samples: Entorian Technologies Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the PremisesPremiss, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Letter Agreement (Cmgi Inc)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty thirty (6030) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Esynch Corp/Ca
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Vantagemed Corp
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, may terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5.termination notice and Lessee's option shall be extinguished,
Appears in 1 contract
Samples: Overhill Farms Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Myo Diagnostics Inc
Damage Near End of Term. If at any time during the last six twelve (612) months of the term of this Lease there is damage for which the cost to repair exceeds one month's ’s Base Rent, whether or not an Insured Loss, Lessor either party may, at Lessor's their option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee the other party of Lessor's their election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee Tenant at that time has an exercisable option to extend this Lease or to purchase the PremisesLease, then Lessee Tenant may preserve this Lease by (a) exercising such option, and (b) providing Lessor Landlord with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's Tenant’s receipt of Lessor's Landlord’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee Tenant duly exercises such option during such period and provides Lessor Landlord with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor Landlord shall, at Lessor's Landlord’s expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.. MULTI-TENANT - MODIFIED NET Eight-L 1993 -12- Initials_____/_____
Appears in 1 contract
Samples: EGAIN Corp
Damage Near End of Term. If at any time during the last six twelve (612) months of the term of this Lease there is damage for which the cost to repair exceeds one month's two (2) months' Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, Landlord may terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so Tenant within thirty (30) days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee Tenant at that time has an exercisable option to extend this Lease or to purchase the Premiseswhich has not yet been exercised, then Lessee Tenant may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor Landlord with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after LesseeTenant's receipt of LessorLandlord's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee Tenant duly exercises such option during such period and provides Lessor Landlord with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor Landlord shall, at LessorLandlord's expense commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Tenant's option shall be extinguished.
Appears in 1 contract
Samples: Lease (Therma Wave Inc)
Damage Near End of Term. If at any time during the last six (6) months of the term of this the Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend extent this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("EXERCISE PERIOD"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term of provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Samples: Packeteer Inc
Damage Near End of Term. If at any time during the last six (6) months of the term Term of this Lease there is damage Damage for which the cost to of repair exceeds one (1) month's Base ’s worth of Annual Rent, whether or not an Insured Loss, Lessor Landlord or Tenant may, at Lessor's either’s option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage Damage by giving written notice to Lessee the other of Lessor's that party’s election to do so within thirty (30) days after the date of occurrence of such damageDamage. Provided, however, if Lessee at that time Tenant has an exercisable option to extend this Lease or to purchase the Premisesat that time, then Lessee Tenant may preserve this Lease by by, within twenty (a20) days following the occurrence of the Damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier (“Exercise Period”), (i) exercising such option, option and (bii) providing Lessor Landlord with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresextent required of Tenant under Section 16.2. If Lessee Tenant duly exercises such option during such period said Exercise Period and provides Lessor Landlord with funds (or adequate assurance thereof) to cover any shortage in insurance proceedsproceeds to the extent required of Tenant under Section 16.2, Lessor shalland subject to the provisions of Sections 16.2 and 16.3 of this Lease, at Lessor's expense Landlord shall commence repair of such damage Damage as soon as reasonably possible practicable, but no later than the Restoration Commencement Date and complete repair of such Damage as soon as practicable but no later than the Restoration Completion Date, and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Landlord may at Landlord’s option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such Damage by giving written notice to Tenant of Landlord’s election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Samples: Non Disturbance and Attornment Agreement (Intuit Inc)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is Is damage for which the cost to repair exceeds one (1) month's ’s Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's ’s option, terminate this Lease effective sixty (6080) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's ’s election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee H Losses at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided In such option for its exercise, whichever Is earlier (“Exercise Period”), (I) exercising such option, option and (bII) providing Lessor with any shortage in insurance In Insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance In Insurance proceeds, Lessor shall, at Lessor's ’s expense repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor’s option terminate this Lease shall terminate as of the date set forth in expiration of said sixty (60) day period following the first sentence occurrence of this Paragraph 9.5such damage by giving written notice to Lessee of Lessor’s election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision In the grant of option to the contrary.
Appears in 1 contract
Samples: Invivo Corp
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's optionopinion, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("EXERCISE PERIOD"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of the expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Samples: Spectratek Technologies Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's (1) month Base Rent, whether or not an Insured Lossinsured loss, Lessor may, at Lessor's option, either party may terminate this Lease lease effective sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so the other within thirty (30) days after the date of occurrence of such damage. Provided, howeverNotwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) if the damage is not an Insured Loss needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceedsproceeds if the damage is not an Insured loss, Lessor shall, at Lessor's expense commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance if the damage is not an Insured Loss during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Lessee's option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, . Lessor shall, at Lessor's expense expense, repair such damage damages as soon as reasonably possible and this Lease shall continue in full force and effect. If effect if Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Kaynar Holdings Inc
Damage Near End of Term. If H at any time anytime during the last six (6) months of the term of this Lease there is Is damage for which the cost to repair exceeds one month's Base Rentrent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing b)providing Lessor with wlth any shortage in insurance proceeds (or adequate assurance thereofassurance/hereof) needed to make the repairs on or before the earlier of (i0) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Oryx Technology Corp
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is Is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if If Lessee at that time has an exercisable option to extend this Lease or to purchase the PremisesPromises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (1) exercising such option, option and (bit) providing Lessor with any shortage in In insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee Lessor duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance In Insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effectaffect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth in expiration of said sixty (60) day period following the first sentence occurrence of this Paragraph 9.5such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision In the grant of option to the contrary.
Appears in 1 contract
Samples: American Fire Retardant Corp
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Lossinsured loss, Lessee or Lessor may, at Lessor's its option, terminate this Lease effective sixty (60) days following on the date of occurrence of such damage by giving written notice to Lessee of Lessor's Lessors election to do so within thirty (30) days after alter the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bif) providing Lessor with any shortage in insurance proceeds (or for adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Samples: William Lyon Homes
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if it Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is Is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in In the first sentence of this Paragraph 9.5.
Appears in 1 contract
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds [ILLEGIBLE] one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Damage Near End of Term. If at In the event that the Premises, the Building, or the Project is destroyed or damaged to any time substantial extent during the last six twelve (612) months of the term of Lease Term (as the same may have been extended), then notwithstanding anything contained in this Lease there is damage for which Article 8, Landlord or Tenant shall have the cost option to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective by giving written notice to the other party of the exercise of such option within sixty (60) days following after the date of occurrence necessity for repairs as the result of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Providedor destruction becomes known, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and event this Lease shall continue in full force cease and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth of such notice, Tenant shall pay the Base Rent and Additional Rent, properly apportioned up to such date of damage, and both parties hereto shall thereafter be freed and discharged of all further obligations hereunder, except as provided for in the first sentence provisions of this Paragraph 9.5.Lease which by their terms survive the expiration or earlier termination of the Lease Term. Notwithstanding the foregoing, however, if Xxxxxxxx’s notice of termination is given more than nine (9) months before the expiration of the Term and Tenant has an unexercised option to renew under Section 2.2, subject to the provisions of Section 8.2, Tenant may override Landlord’s termination notice given under this Section 8.4 by exercising the option to renew by written notice within ten (10) business days of Tenant’s receipt of Landlord’s notice of termination, in which case this Lease will remain in full force and effect and Landlord will repair/restore the Damage as provided above. WARNER CENTER TOWERS [Health Net, Inc.] Warner Center III\Health Net\JS\December 22, 2003 Initial Initial Initial Initial
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5Paragraph.
Appears in 1 contract
Samples: Restoration Hardware Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor either party may, at Lessor's its option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Rockshox Inc
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
Appears in 1 contract
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease Term there is damage for which the cost to repair exceeds one three (3) month's Base Basic Rent, whether or not an Insured Loss, Lessor Landlord or Tenant may, at Lessorsuch party's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee the other party of Lessorthe notifying party's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, howeverPROVIDED, HOWEVER, if Lessee Tenant at that time has an exercisable option to extend this Lease or to purchase the Premiseswhich has not expired, then Lessee Tenant may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor Landlord with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee Tenant duly exercises such option during such period said Exercise Period and provides Lessor Landlord with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor Landlord shall, at LessorLandlord's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Landlord may at Landlord's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Tenant of Landlord's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
Appears in 1 contract
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured insured Loss, . Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
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Samples: Assignment and Assumption of Lease Agreement (Informix Corp)
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior Prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with With funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's Lessors expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
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Samples: Navarre Corp /Mn/
Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option, option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate as of the date set forth expirations of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expirations of the Exercise Period, notwithstanding any term or provision in the first sentence grant of this Paragraph 9.5option to the contrary.
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Damage Near End of Term. If at any time during the last six (6) months year of the term of this Lease Term there is damage for which the cost to repair exceeds one two (2) month's ’s Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, either Party may terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written termination notice to Lessee of Lessor's election to do so the other Party within thirty (30) days after the date of occurrence of such damage. ProvidedNotwithstanding anything to the contrary contained in the preceding sentence, howeverLessor shall not have the right to terminate this Lease so long as Lessor continues to receive the same amount of Rent that Lessor would have otherwise received had the damage not occurred (whether from Lessee and/or rent loss insurance carried by Lessor to the extent that the damage entitles Lessee to any rent abatement under this Lease). Lessee acknowledges that Lessor shall have no obligation to make a claim for rent loss insurance proceeds if receipt of the same would reduce the amount of rent loss insurance proceeds available to Lessor after the expiration of the Term. In addition, Lessor shall have no right to terminate this Lease pursuant to the first sentence of this Paragraph 9.5, if Lessee at that time has an exercisable option to extend this Lease or and Lessee elects to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's ’s receipt of Lessor's ’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of on the date set forth specified in the first sentence of this Paragraph 9.5termination notice and Lessee’s option shall be extinguished.
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Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the PremisesLease, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten thirty (1030) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
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Damage Near End of Term. If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend extent this Lease lease or to purchase the Premisespremises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) ), needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Leaselease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, shall at Lessor's expense repair such damage as soon as reasonably possible and this Lease lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.
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Samples: Dynatem Inc