Damage Near End of Term. If at any time during the last 6 months of this ease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after Xxxxxx'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 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 on the date specified in the termination notice and Xxxxxx's option shall be extinguished.
Appears in 3 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 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance insurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 3 contracts
Samples: Cumetrix Data Systems Corp, Cumetrix Data Systems Corp, Cumetrix Data Systems Corp
Damage Near End of Term. If at any time during the last 6 twelve (12) months of this ease Lease there is damage for which the cost to repair exceeds one six (6) month's ’s Base Rent, whether or not an Insured Loss, Lessor Landlord may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee Tenant within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, 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 10 ten (10) days after Xxxxxx'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 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 on the date specified in the termination notice and Xxxxxx's Tenant’s option shall be extinguished.
Appears in 3 contracts
Samples: Lease (Globeimmune Inc), Lease (Globeimmune Inc), Lease (Replidyne Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten (10) days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 3 contracts
Samples: SMART Modular Technologies (WWH), Inc., Global Health Trax Inc, Veterinary Centers of America Inc
Damage Near End of Term. If at any time during the last 6 months of this ease 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 terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 business days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 2 contracts
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor Landlord may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee Tenant within 30 days after the date of occurrence of such damage. Notwithstanding 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 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 10 days after XxxxxxTenant'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 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 on the date specified in the termination notice and XxxxxxTenant's option shall be extinguished.
Appears in 2 contracts
Samples: Fortunet, Inc., Fortunet, Inc.
Damage Near End of Term. If 10.5.1 Except as otherwise indicated below and as set forth in Section 8.2 above, if at any time during the last 6 six months of this ease 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 terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 2 contracts
Samples: Genelux Corp, Genelux Corp
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one (1) month's ’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, : (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 10 ten days after Xxxxxx's Lessee’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 commercially reasonable 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 2 contracts
Samples: Arbitration Agreement (Nextest Systems Corp), Arbitration Agreement (Nextest Systems Corp)
Damage Near End of Term. If lf at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one (1) month's ’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 2 contracts
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one (1) month's ’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 2 contracts
Samples: Nutech Digital Inc, Immune Response Corp
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after aGer the date of occurrence of such damage. 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 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 10 days after XxxxxxaGer 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 commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effecteffect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 2 contracts
Samples: images1.showcase.com, images1.cityfeet.com
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 Lessors 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 2 contracts
Samples: Ipl Systems Inc, Immune Response Corp
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's ’s Base I Rent, whether or not an Insured Loss, Lessor or Lessee may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written | termination notice to the other party Lessee within 30 days after the date of occurrence of such damage. 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 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 10 days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 2 contracts
Samples: Social Capital Suvretta Holdings Corp. I, Social Capital Suvretta Holdings Corp. I
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 Lessors 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.. 9.6
Appears in 2 contracts
Samples: Laser Pacific Media Corp, Laser Pacific Media Corporation
Damage Near End of Term. If at any time during the last 6 months of this ease 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 terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on our or before the earlier of (i) the Xxxxxx date which is 10 days after Xxxxxx's Lessee’s receipt of Lessor's ’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 ’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 on the date xxxx specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 2 contracts
Samples: AutoGenomics, Inc., AutoGenomics, Inc.
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after XxxxxxLessee'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 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 on as of the date specified set forth in the termination notice and Xxxxxx's option shall be extinguishedfirst sentence of this Paragraph 9.5.
Appears in 2 contracts
Samples: Eye Dynamics Inc, Eye Dynamics Inc
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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 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 10 days after XxxxxxLxxxxx'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 commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effecteffect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified specified in the termination notice and XxxxxxLxxxxx's option shall be extinguished.
Appears in 2 contracts
Samples: Ceribell, Inc., Ceribell, Inc.
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Loss, Lessee or Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 2 contracts
Samples: Lease Extension Agreement (Alphatec Holdings, Inc.), Alphatec Holdings, Inc.
Damage Near End of Term. If at any time during the last 6 months of this ease 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 terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that the time has an exercisable option to extend this Lease 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 10 days after Xxxxxx's Lessee’s receipt of Lessor's ’s written notice purporting to terminate this Lease, 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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 2 contracts
Samples: Office Lease, Office Lease
Damage Near End of Term. If at any time during the last 6 months of this ease 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 terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after Xxxxxx'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 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 on the date specified in the termination notice and Xxxxxx's ’s option shall be extinguished.
Appears in 2 contracts
Samples: Multi Tenant Office Lease (Signing Day Sports, Inc.), Lease
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.. 9.6
Appears in 2 contracts
Samples: Hi Shear Technology Corp, Sigma Circuits Inc
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 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 the period, then this Lease shall terminate on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 2 contracts
Samples: Equinix Inc, Equinix Inc
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one the (1) month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (a) exercising such option and (b) providing Lessor with any an 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 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 2 contracts
Samples: Dippy Foods Inc, Dippy Foods Inc
Damage Near End of Term. If It at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 2 contracts
Samples: Letter Agreement (SMTC Corp), Letter Agreement (SMTC Corp)
Damage Near End of Term. If at any time during the last 6 months of this ease 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 terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 2 contracts
Samples: Office Lease (BridgeBio Pharma, Inc.), Tenant Improvement Agreement (Genoptix Inc)
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's ’s Base Rent, whether or not an Insured Loss, Lessor or Lessee may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee the other within 30 days after the date of occurrence of such damage. 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, (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 10 days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 2 contracts
Samples: Lease (SeaSpine Holdings Corp), Lease (SeaSpine Holdings Corp)
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one (1) month's ’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten (10) days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 2 contracts
Samples: SMART Global Holdings, Inc., Sublease (Digirad Corp)
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after aGer the date of occurrence of such damage. 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 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 10 days after XxxxxxaGer 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 commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effecteffect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 2 contracts
Samples: walnutcreek.granicus.com, images4.showcase.com
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 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 on the date xxxx specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 2 contracts
Damage Near End of Term. If It at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one (1) month's ’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Masimo Corp
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this ease 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 Lessor's option, terminate this Lease effective 60 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 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease Leasae or to purchase the Premises, then Lessee may preserve this Lease 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 10 days after Xxxxxx'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 commercially reasonable 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 periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified 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 termination notice and Xxxxxx's grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Samples: Inland Northwest Bancorporation Inc
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one 1 month's ’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 90 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Lease Agreement (RxSight, Inc.)
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 (iof(i) the date which is 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.. 9.6
Appears in 1 contract
Samples: Magnetek Inc
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 with thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 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 on the date specified in In the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, 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, (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 10 ten days after XxxxxxLessee's receipt of Lessor's written notice purporting purposing 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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Imaging Technologies Corp/Ca
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost met to repair exceeds one month's Base Rent, whether or not an Insured insured Loss, Lessor may terminate this MIS Lease effective 60 days following the date dale of occurrence of such damage by giving a written termination notice to lamination xxxice m Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this MIS Lease or to purchase the me Premises, then Lessee may preserve this Lease by, (a) exercising such option 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 me Canter of (i) the me date which is Is 10 days after XxxxxxLessee's receipt of Lessoror Xxxxxx's written notice purporting to terminate this MIS 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 Cover any shortage in insurance proceeds, Lessor shall, at Lessor'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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Lease (Aegis Assessments Inc)
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is Is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (a) exercising such 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 Is 10 days after XxxxxxLessee'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 In insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effect. If , if Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in In the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: uWink, Inc.
Damage Near End of Term. If at any time during the last 6 months of this ease 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 terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, . if Lessee at that time #me 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 Which is 10 days after Xxxxxx's Lessee’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 commercially reasonable 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Nextest Systems Corp
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one (1) month's Base Rent, whether or not an Insured Insurance Loss, Lessor may terminate this Lease effective 60 ninety (90) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (a) exercising such option options and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereoftherefor) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Xoma Corp /De/
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after XxxxxxLessee'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 Lessors 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: SPI Energy Co., Ltd.
Damage Near End of Term. If at any time during the last 6 months of this ease 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 terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after Xxxxxx's Lessee’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 xxxxx any shortage in insurance proceeds, Lessor shall, at Lessor's ’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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Occam Networks Inc/De
Damage Near End of Term. If lf at any time during the last 6 six months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 1O days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Graphon Corp/De
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date xxxx of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, 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 10 ten days after XxxxxxLessee'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 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 opt ion and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Xxxxxx's Lessees option shall be extinguished.. 9.6
Appears in 1 contract
Samples: Laser Pacific Media Corporation
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (a) exercising such 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 10 ten days after XxxxxxLessee'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) thereof to cover any shortage in insurance proceeds, Lessor shall, at Lessor'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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Aci Telecentrics Inc
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 twenty (20) days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Acadia Pharmaceuticals Inc
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one month's (1) month Base Rent, whether or not an Insured Loss, Lessor insured loss either party may terminate this Lease lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee the other within thirty (30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if If Lessee at that time has an exercisable execrable 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 10 days after Xxxxxx's receipt of Lessor's written notice purporting to terminate this Leasethe Lessee, or (iiI) 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, is ten days after Lessee's receipt of Lessor's written at Lessor's commercially reasonable expense, repair such damage as soon as reasonably seasonably 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 lease shall terminate on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Impco Technologies Inc
Damage Near End of Term. If at any time during the last lest 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if . 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 10 days after XxxxxxLessee'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 commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effect. If Lessee fails fells to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Trimedyne Inc
Damage Near End of Term. If at any time during the last 6 months of this ease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 commercially reasonable 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Bebe Stores Inc
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease the term of the Lease there is damage for which the cost to repair exceeds one month's Base RentPartial Damage, whether or not an Insured Loss, Lessor may may, at Lessor's option, terminate this Lease effective 60 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 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, 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, within twenty (a20) days following the date of 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 10 days after Xxxxxx'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 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 periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified 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 termination notice and Xxxxxx's grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Samples: L L Brown International Inc
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 commercially reasonable 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished. If during such last six month period Lessee has already irrevocably exercised its Option to Extend, then the provisions of paragraphs 9.1 through 9.4 shall prevail without regard to the time at which the damage has occurred.
Appears in 1 contract
Samples: Converse Inc
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after Xxxxxx'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 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 on the date specified in the termination notice and Xxxxxx's option shall be extinguished.
Appears in 1 contract
Samples: Multi Tenant Office Lease Gross
Damage Near End of Term. If at any time during the last 6 months of this ease 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 terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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 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 10 days after Xxxxxx's Lxxxxx’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 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 on the date specified in the termination notice and Xxxxxx's Lxxxxx’s option shall be extinguished.
Appears in 1 contract
Samples: Arbitration Agreement (Brownie's Marine Group, Inc)
Damage Near End of Term. If at any time during the last 6 months of this ease 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 terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after Xxxxxx's Lessee’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 Insurance proceeds, Lessor shall, at Lessor's ’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 falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Quality Systems Inc
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 which, is 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one month's (1) months' Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and Xxxxxx's option shall be extinguished.and
Appears in 1 contract
Samples: Sublease Agreement (Andromedia Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Silicon Storage Technology Inc
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after XxxxxxLessee'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 commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. effect If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.. 9.6
Appears in 1 contract
Samples: Newave Inc
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base six months’ Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.. __________ __________ __________ __________ INITIALS INITIALS
Appears in 1 contract
Samples: Lease Agreement for Office Space (Ministry Partners Investment Corp)
Damage Near End of Term. If at any time during the last 6 12 months of this ease 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 Landlord or Tenant may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee the other party within 30 days after the date of occurrence of such damage. Notwithstanding 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 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 10 days after Xxxxxx'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 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 on the date specified in the termination notice and Xxxxxx's Tenant’s option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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 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 10 ten days after XxxxxxLessee'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 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 option, and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Standard Lease Agreement (Sirena Apparel Group Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this ease 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 may, at Lessor's option, terminate this Lease effective 60 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 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee Lessor may preserve this Lease 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 10 days after Xxxxxx'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 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 on the date specified in the termination notice and Xxxxxx's option shall be extinguished.shall
Appears in 1 contract
Samples: Microcide Pharmaceuticals Inc
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after aGer the date of occurrence of such damage. 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, (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 10 days after XxxxxxaGer 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 commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effecteffect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Multitenant Office Lease
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 proceedsthe extent otherwise required by this Section 9, Lessor shall, at Lessor's and/or Lessee's, as applicable, 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Litronic Inc
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after Xxxxxx'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 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 on the date specified in the termination notice and Xxxxxx's option shall be extinguished.
Appears in 1 contract
Samples: Oculus Innovative Sciences, Inc.
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one two (2) month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Exodus Communications Inc
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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 10 ten days after XxxxxxLessee'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 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 on as of the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Us Search Corp Com
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.. 9.6
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this ease 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 may, at Lessor's option, terminate this Lease effective 60 days following as of the date of the occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, 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, 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 10 days after Xxxxxx'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 commercially reasonable 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 periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified of 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 termination notice and Xxxxxx's grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Samples: Marketing Specialists Corp
Damage Near End of Term. If at any time lime during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one (1) month's ’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date data of occurrence of such damage. Notwithstanding the foregoing, if If Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then the 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 10 ten days after Xxxxxx's Lessee’s receipt of Lessor's written ’s write 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, shall at Lessor's ’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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Lease (Osmetech PLC)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this ease Lease there is damage for which the cost to repair exceeds one month's Base RentPartial Damage, whether or not an Insured Loss, Lessor may may, at Lessor's option, terminate this Lease effective 60 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 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, 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, within twenty (a20) days following the date of 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 10 days after Xxxxxx'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 duty 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 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 fund or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified 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 termination notice and Xxxxxx's grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Samples: Standard Lease (Intest Corp)
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one (1) month's ’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after Xxxxxx's Lessee’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 proceedsthe extent otherwise required by this Section 9, Lessor shall, at Lessor's ’s and/or Lessee’s, as applicable, 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Saflink Corp
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.. (See Addendum Paragraph 68)
Appears in 1 contract
Samples: Capstone Turbine Corp
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee's receipt of Lessor's Lessors 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 Insurance proceeds, Lessor shall, at Lessor'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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Variflex Inc
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend the term of 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 10 ten (10) days after Xxxxxx's Lessee’s receipt of Lessor's ’s written notice purporting to terminate this Lease, or (iiU) 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 commercially reasonable expense, promptly repair such damage as soon as reasonably possible in a commercially reasonable manner 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 on the date specified in In the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Stevanato Group S.p.A.
Damage Near End of Term. If at any time lime during the last 6 months of this ease Lease there is Is damage for which the cost to repair exceeds one month's Base Rent, . whether or not an Insured en insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee Losses within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if If Lessee at that time has an exercisable execrable 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 In Insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i1) the date which is Is 10 days after Xxxxxx9 <PAGE> 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 Lassoes commercially reasonable 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.. 9.6
Appears in 1 contract
Samples: www.sec.gov
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this ease 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 may, at Lessor's option, terminate this Lease effective 60 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 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee Lease may preserve this Lease byby within twenty (20) 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"), (aI) 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 10 days after Xxxxxx'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 commercially reasonable expense, expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. effect If Lessee fails to exercise such the option and provide such funds or assurance during such period, then than this Lease shall terminate on as of the date specified set forth in the termination notice and Xxxxxx's option shall be extinguishedfirst sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: American Custom Components Inc
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this ease 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 either party may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee the other party of the election to do so within 30 thirty (30) days after the date of occurrence of to such damage. Notwithstanding the foregoingProvided, 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, 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 for adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Xxxxxx'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 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 periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified 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 termination notice and Xxxxxx's grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Leap Wireless International Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) undertaking and completing all needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after XxxxxxLessee'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 commercially reasonable expense, repair repairs such damage as soon as reasonably possible and possible, this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide commences such funds or assurance repair during such period, then this Lease shall terminate on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Cupertino Electric Inc
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this ease 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 may, at Lessor option, terminate this Lease effective 60 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 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, 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, 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 10 days after Xxxxxx'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 commercially reasonable 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 periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified 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 then (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the termination notice and Xxxxxx's grant of option shall be extinguished.to the contrary. 9.6
Appears in 1 contract
Samples: Farah Inc
Damage Near End of Term. If at any time during the last 6 months of this ease 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 terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that the 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 10 days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one month's two (2) months Base Rent, whether or not an Insured insured Loss, Lessor either party may terminate this the Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee the other party within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at a 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 (iI) the date which is 10 ten days after XxxxxxLessee's receipt of Lessor's written notice purporting to terminate this Lease, or (iiII) 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 commercially reasonable 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 on the date specified in the termination notice and Xxxxxxan Lessee's option shall be extinguished.
Appears in 1 contract
Samples: Lifepoint Inc
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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 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 10 ten days after XxxxxxLessee'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 commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall will 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 on the date specified in the termination notice and Xxxxxx's option shall be extinguished.and
Appears in 1 contract
Samples: Converse Inc
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after aGer the date of occurrence of such damage. 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 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 10 days after XxxxxxLessee'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 commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effecteffect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this ease 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 may, at Lessor's option, terminate this Lease effective 60 days following the date of occurrence of such damage See Rider Paragraph 23 by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, 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 adequate assurance thereof) needed to make the repairs on or before the earlier of (iI) the date which is 10 ten (10) days after XxxxxxLessee'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 exercise 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 commercially reasonable 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 on as of the date specified set forth in the termination notice and Xxxxxx's option shall be extinguishedfirst sentence of this Paragraph 9.5.
Appears in 1 contract
Samples: Agreement (Restoration Hardware Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which with such option expires. If Lessee duly exercises exercised 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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.. 9.6
Appears in 1 contract
Samples: Agouron Pharmaceuticals Inc
Damage Near End of Term. If at any time during the last 6 six months of this ease 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 terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Vital Therapies Inc
Damage Near End of Term. If (a) Subject to paragraph 9.4(b), if at any time during the last 6 twelve (12) months of the term of this ease Lease there is Is substantial damage for which to the cost to repair exceeds one month's Base Rent, whether or not an Insured LossPremises, Lessor may at Lessor's option cancel and terminate this Lease effective 60 days following as of the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the foregoing, if even that 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 10 days after Xxxxxx's receipt of Lessor's written notice purporting to terminate renew this Lease, or and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it Is to be exercised at all no later than twenty (ii20) days after the day prior to occurrence of an Insured Loss falling within the date upon which such option expiresclassification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during such period and provides Lessor with funds said twenty (or adequate assurance thereof20) to cover any shortage in insurance proceedsday period, Lessor shall, at Lessor's commercially reasonable expense, repair such damage damage, but not Lessee's fixtures, equipment or tenant Improvements, as soon as reasonably possible and this Lease shall continue in In full force and effect. If Lessee fails to exercise such option during said twenty (20) day period then Lessor may at Lessor's option terminate and provide such funds or assurance during such period, then cancel this Lease shall terminate on as of the date specified expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period notwithstanding any term or provision in the termination notice and Xxxxxx's grant of option shall be extinguished.to the contrary. 9.5
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's ’s Base Rent, whether or not an Insured Loss, Lessor or Lessee may terminate this Lease effective 60 ninety (90) days following the date of occurrence of such damage by giving a written termination notice to Lessee the other party within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, 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 10 thirty (30) days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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, shall at Lessor'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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this ease Lease there is damage for which the cost to repair exceeds one (1) month's ’s Base Rent, whether or not an Insured insured Loss, Lessor may may, at Lessor’s option, terminate this Lease effective 60 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 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, 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, 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 insurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Xxxxxx'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 commercially reasonable expense, ’s expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If 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 on as of the date specified expiration of said sixty (60) day period following the occurrence of 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 termination notice and Xxxxxx's grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease 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 terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after XxxxxxLessee'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Avid Sportswear & Golf Corp
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. , 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, (a) exercising such option and (bh) 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 10 days after Xxxxxx'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 In Insurance proceeds, Lessor shall, at Lessor's commercially reasonable 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 period, then this Lease shall terminate on the date data specified in In the termination notice and Xxxxxx's option shall be extinguished.
Appears in 1 contract
Samples: Reeds Inc
Damage Near End of Term. If at any time during the last 6 months of this ease Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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, (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 10 days after XxxxxxLessed'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 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 on the date specified in the termination notice and XxxxxxLessee's option shall be extinguished.
Appears in 1 contract
Samples: Office Lease (Villageedocs Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one (1) month's ’s Base Rent, whether or not an Insured insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. 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, (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 10 ten days after Xxxxxx's Lessee’s receipt of Lessor's ’s written notice purporting to terminate this Lease, or (ii) the day prior to the date rate 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 commercially reasonable 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.. 9.6
Appears in 1 contract
Samples: Prolong International Corp
Damage Near End of Term. If at any time during the last 6 six (6) months of this ease Lease there is damage for which the cost to repair exceeds one (1) month's ’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after alter the date data of occurrence of such damage. 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, (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 10 ten days after Xxxxxx's Lessee’s receipt of Lessor's Lessors 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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Eschelon Telecom Inc
Damage Near End of Term. If at any time during the last 6 months of this ease 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 terminate this Lease effective affective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, 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 10 days after Xxxxxx's Lessee’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 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 than this Lease shall terminate on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Work Letter Agreement (Nexsan Corp)
Damage Near End of Term. If at any time during the last 6 months of this ease 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 terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. 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 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 10 days after Xxxxxx's Lessee’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 /s/ DH /s/ AH INITIALS INITIALS 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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Vincera Pharma, Inc.
Damage Near End of Term. If at any time during the last 6 months year of this ease Lease there is damage for which the cost to repair exceeds one two (2) month's Base ’s Fixed Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, 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 10 ten days after Xxxxxx's Lessee’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 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 on the date specified in the termination notice and Xxxxxx's Lessee’s option shall be extinguished.
Appears in 1 contract
Samples: Lease Agreement (SAVVIS, Inc.)