DAMAGE TO PREMISES OR BUILDING. 11.1 In the event that the Building should be totally destroyed by fire or other casualty, this Lease shall terminate. In the event the Premises or a substantial portion of the Building should be so damaged or destroyed that rebuilding or repairs cannot, in Landlord's opinion, be completed within 75 days after the day of such damage, Landlord may at its option terminate this Lease upon notice to Tenant, or Landlord may proceed to restore the Building. In the event that such rebuilding or repairs can, in Landlord's opinion be completed within 75 days after the date of such damage landlord shall restore the Building. In the event that Landlord is obligated or elects to restore the Building , Landlord shall commence to rebuild or repair the Building reasonably promptly after such damage or destruction and shall proceed with reasonable diligence to restore it to substantially the condition in which it was immediately prior to the casualty, except that the Landlord shall not be required to rebuild, repair or replace any part of the partitions, fixtures, alterations, decorations or other improvements which may have been constructed by or specifically for Tenants, or by or for other tenants within the Building; provided, however, that Landlord shall rebuild any such times which were part of the Premises as delivered by Landlord to Tenant prior to the start of the Lease term. In such event this Lease shall remain in full force and effect, provided that if Tenant is dispossessed by reason of such casualty form all or a substantial portion of the Premises for more that 3 consecutive days Tenant shall be entitled to a ratable abatement of the Base Rent during the time and to the extent the Premises are unfit for occupancy; and provided further that Tenants shall have the right to terminate this Lease upon notice service upon Landlord prior to actual completion of any necessary restoration of the Premises if such restoration is not substantially completed within 150 days after the casualty. Such abatement or termination, to the extent provided above, shall be Tenant's sole remedy.
Appears in 1 contract
Samples: Lease (Star Telecommunications Inc)
DAMAGE TO PREMISES OR BUILDING. 11.1 In the event that the Building should be totally destroyed by fire or other casualty, this Lease shall terminate. In the event If the Premises or a substantial portion the Building are damaged by an insured casualty, occurring more than twenty four (24) months prior to the expiration of the Building should be so damaged or destroyed that rebuilding or repairs cannot, in Landlord's opinion, be completed within 75 days after the day of such damageterm hereof, Landlord may at its option terminate this Lease upon notice to Tenantshall forthwith repair same, or cause same to be repaired, to the extent that insurance proceeds are made available to Landlord may proceed to restore the Building. In the event therefore and provided that such rebuilding or repairs can, in Landlord's opinion reasonable opinion, be completed made within 75 sixty (60) days after from the date of such damage landlord shall restore (without payment of overtime or other premiums) under the Buildinglaws and regulations of the federal, state and local governmental authorities having jurisdiction thereof. In the event that If Landlord is obligated or elects not so required to restore the Building repair such damage, Landlord shall commence to rebuild or repair have the Building reasonably promptly after option within forty-five (45) days from the date of such damage or destruction and shall proceed with reasonable diligence either to restore it (i) notify Tenant of Landlord's election to substantially the condition repair such damage, in which it was event Landlord shall thereafter repair same, or (ii) notify Tenant of Landlord's election to immediately prior to the terminate this Lease, in which event this Lease shall be so terminated. Notwithstanding any contrary provision herein, and regardless of whether caused by casualty, except that the (a) Landlord shall not be required to rebuildrepair any damage to property with respect to which Tenant is required to maintain property insurance pursuant to Section 13.3 below, repair and (b) any damage caused by the negligence or replace willful misconduct of Tenant or any part of its agents, contractors, employees, invitees or guests shall be promptly repaired by Tenant, at its sole cost and expense, to the partitions, fixtures, alterations, decorations or other improvements which may have been constructed by or specifically for Tenants, or by or for other tenants within the Buildingreasonable satisfaction of Landlord; provided, however, that Landlord shall rebuild any such times which were part of the Premises as delivered by Landlord to Tenant prior to the start of the Lease term. In such event this Lease shall remain in full force bear said cost and effect, provided that if Tenant is dispossessed by reason of such casualty form all or a substantial portion of the Premises for more that 3 consecutive days Tenant shall be entitled to a ratable abatement of the Base Rent during the time and expense to the extent it receives proceeds, covering such damage, from insurance obtained by Landlord as part of Operating Costs. Tenant hereby waives the Premises are unfit for occupancy; provisions of Section 1932, subdivision 2, and provided further that Tenants shall have the right to terminate this Lease upon notice service upon Landlord prior to actual completion of any necessary restoration Section 1933, subdivision 4, of the Premises if such restoration is not substantially completed within 150 days after the casualty. Such abatement Civil Code of California, and any similar law, statute or termination, to the extent provided above, shall be Tenant's sole remedyordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Auxilio Inc)
DAMAGE TO PREMISES OR BUILDING. 11.1 In the event that the Building should at any time during the Lease Term be totally destroyed by fire or other casualty, this Lease shall terminateterminate as of the date of such casualty. If the Building is damaged but not totally destroyed by the casualty or if there is an interruption in services or utilities provided by Landlord pursuant to Section 9.7 of this Lease, and, in the commercially reasonable opinion of the Landlord and Tenant, such damage or interruption in services or utilities prevents Tenant’s beneficial use of all or a substantial portion of the Premises, or prevents reasonable access to the Premises, then Tenant shall notify Landlord in writing, within thirty (30) days after the date Tenant’s beneficial use is so prevented. Landlord shall then state whether it intends to restore the Building or part thereof or the services or utilities in question and of how long, in Landlord’s opinion, the restoration will take to complete. In the event that the repairs and restoration can, in Landlord’s reasonable opinion, be completed within one hundred and eighty (180) days after the date Tenant’s beneficial use is so prevented, and Landlord will receive insurance proceeds sufficient to cover the costs of such repairs and restoration, Landlord shall restore the Building or part therefor the services or utilities in question. In the event the Premises or a substantial portion of the Building or reasonable access to the Premises or the delivery system for Building services or utilities should be so damaged or destroyed that rebuilding restoration or repairs cannot, in Landlord's opinion’s reasonable opinion (and after consultation with Tenant), be completed within 75 one hundred and eighty (180) days after the day of such damagedate Tenant’s beneficial use is so prevented, Landlord may at its option terminate this Lease upon notice to Tenant. Similarly, or Landlord may proceed to restore the Building. In in the event Landlord’s notice notifies Tenant that such rebuilding or repairs can, the restoration in Landlord's ’s opinion will not be completed within 75 one hundred and eighty (180) days after the date Tenant’s beneficial use is so prevented, Tenant shall have thirty (30) days from the date of Tenant’s receipt of Landlord’s notice to elect to terminate this Lease by delivering written notice of such damage landlord termination to Landlord. If either Landlord or Tenant terminates this Lease as provided above, such termination shall restore be effective immediately upon the Buildingother party’s receipt of the notice of termination. In the event that Landlord is obligated or elects to restore the Building or part thereof or the services or utilities in question, Landlord shall commence to rebuild or repair the Building such work reasonably promptly after such damage or destruction and shall proceed with reasonable diligence to restore it the Building or part thereof or the services or utilities to substantially the condition in which it was they were immediately prior to the casualty, except that the Landlord shall not be required to rebuild, repair or replace any part of the partitions, fixtures, alterations, decorations or other improvements which may have been constructed by or specifically for TenantsTenant, or by or for other tenants within the Building; provided, however, that . If neither Landlord shall rebuild any such times which were part of the Premises as delivered by Landlord to nor Tenant prior terminates this Lease due to the start of casualty, the Lease term. In such event this Lease shall remain in full force and effect, provided that if Tenant is dispossessed by reason of such casualty form all or a substantial portion of . After Landlord completes Landlord’s restoration work on the Premises for more that 3 consecutive days Tenant shall be entitled to a ratable abatement of the Base Rent during the time and to the extent the Premises are unfit for occupancy; and provided further that Tenants shall have the right to terminate this Lease upon notice service upon Landlord prior to actual completion of (i.e., any necessary restoration of repair work on the Premises if such restoration is not substantially completed within 150 days after Building shell and the casualty. Such abatement or termination, to the extent provided above, shall be Tenant's sole remedy.Building systems
Appears in 1 contract
Samples: Global Gateway (Equinix Inc)
DAMAGE TO PREMISES OR BUILDING. 11.1 In the event that the Building should be totally destroyed by fire or other casualty, this Lease shall terminate. In the event the Premises or a substantial portion of the Building should be so damaged or destroyed that rebuilding or repairs cannot, in Landlord's opinion, be completed within 75 with 180 days after the day date of such damagedamage or Landlord will not receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration (including proceeds from Tenant and/or Tenant's insurance which Tenant is required to deliver to Landlord pursuant to Subsection 11.2 below), Landlord may at its option terminate this Lease upon notice to Tenant, or Landlord may proceed to restore the Building. In the event that such rebuilding or repairs can, in Landlord's opinion opinion, be completed within 75 180 days after the date of such damage landlord and Landlord will receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration (including proceeds from Tenant and/or Tenant's insurance which Tenant is required to deliver to Landlord pursuant to Subsection 11.2 below), Landlord shall restore the Building. In the event that Landlord is obligated or elects to restore the Building Building, Landlord shall commence to rebuild or repair the Building reasonably promptly after such damage or destruction and shall proceed with reasonable diligence to restore it to substantially the condition in which it was immediately prior to the casualty, except that the Landlord shall not be required to rebuild, repair or replace any part of the partitions, fixtures, alterations, decorations or other improvements which may have been constructed by or specifically for TenantsTenant (except the improvements built by Landlord pursuant to the Landlord's Improvement Construction Rider, which Landlord shall restore), or by or for other tenants within the Building; provided, however, that Landlord shall rebuild any such times which were part of the Premises as delivered by Landlord to Tenant prior to the start of the Lease term. In such event this Lease shall remain in full force and effect, provided that if Tenant is dispossessed by reason of such casualty form from all or a substantial portion of the Premises for more that than 3 consecutive days business days, Tenant shall be entitled to a ratable abatement of the Base Rent during the time and to the extent the Premises are unfit for occupancy, commencing with the fourth business day; and provided further that Tenants Tenant shall have the right to terminate this Lease upon notice service served upon Landlord prior to actual completion of any necessary restoration of the Premises if such restoration is not substantially completed within 150 360 days after the casualty. Such abatement or termination, to the extent provided above, shall be Tenant's sole remedy. Notwithstanding the foregoing to the contrary, if the damage is due to the negligence or willful misconduct of Tenant or any of Tenant's agents, employees or invitees, there shall be no abatement of rent. Except for abatement of rent as provided hereinabove, Tenant shall not be entitled to any compensation or damages for loss of, or interference with, Tenant's business or use or access of all or any part of the Premises resulting from any such damage, repair, reconstruction or restoration.
Appears in 1 contract
Samples: Office Lease (Pac-West Telecomm Inc)
DAMAGE TO PREMISES OR BUILDING. 11.1 In the event that the Building should be totally destroyed by fire or other casualty, this Lease shall terminateterminate as of the date of such casualty. If the Building is damaged but not totally destroyed by the casualty or if there is an interruption in services or utilities provided by Landlord pursuant to Section 9.6 of this Lease, and if such damage or interruption in services or utilities prevents Tenant’s beneficial use of all or a substantial portion of the Premises, then Landlord shall notify Tenant in writing, within thirty (30) days after the date Tenant’s beneficial use is so prevented, of whether Landlord intends to restore the Building or the services or utilities in question and of how long, in Landlord’s opinion, the restoration will take to complete. In the event that the repairs and restoration can, in Landlord’s reasonable opinion, be completed within one hundred eighty (180) days after the date Tenant’s beneficial use is so prevented, and Landlord will receive insurance proceeds sufficient to cover the costs of such repairs and restoration, Landlord shall restore the Building or the services or utilities in question. In the event the Premises or a substantial portion of the Building or the delivery system for Building services or utilities should be so damaged or destroyed that rebuilding restoration or repairs cannot, in Landlord's ’s opinion, be completed within 75 one hundred eighty (180) days after the day date Tenant’s beneficial use is so prevented, or Landlord will not receive insurance proceeds sufficient to cover the costs of such damagerepairs and restoration, Landlord may at its option terminate this Lease upon notice to Tenant, or Landlord may elect to proceed to restore the Building. In Similarly, in the event Landlord’s notice notifies Tenant that such rebuilding or repairs can, the restoration in Landlord's ’s opinion will not be completed within 75 one hundred eighty (180) days after the date Tenant’s beneficial use is so prevented, Tenant shall have twenty (20) days from the date of Tenant’s receipt of Landlord’s notice to elect to terminate this Lease by delivering written notice of such damage landlord termination to Landlord. If either Landlord or Tenant terminates this Lease as provided above, such termination shall restore be effective immediately upon the Buildingother party’s receipt of the notice of termination. In the event that Landlord is obligated or elects to restore the Building or the services or utilities in question, Landlord shall commence to rebuild or repair the Building such work reasonably promptly after such damage or destruction and shall proceed with reasonable diligence to restore it the Building or the services or utilities to substantially the condition in which it was they were immediately prior to the casualty, except that the Landlord shall not be required to rebuild, repair or replace any part of the partitions, fixtures, alterations, decorations or other improvements which may have been constructed by or specifically for TenantsTenant, or by or for other tenants within the Building; provided, however, that . If neither Landlord shall rebuild any such times which were part of the Premises as delivered by Landlord to nor Tenant prior terminates this Lease due to the start of casualty, the Lease term. In such event this Lease shall remain in full force and effect, provided that if Tenant is dispossessed by reason of such casualty form all or a substantial portion of . After Landlord completes Landlord’s restoration work on the Premises for more that 3 consecutive days Tenant shall be entitled to a ratable abatement of the Base Rent during the time and to the extent the Premises are unfit for occupancy; and provided further that Tenants shall have the right to terminate this Lease upon notice service upon Landlord prior to actual completion of (i.e., any necessary restoration of the Premises if such restoration is not substantially completed within 150 days after the casualty. Such abatement or termination, to the extent provided above, shall be Tenant's sole remedy.repair work on the
Appears in 1 contract
Samples: Lease (Equinix Inc)
DAMAGE TO PREMISES OR BUILDING. 11.1 In the event that the Building should be totally destroyed by fire or other casualty, this Lease shall terminateterminate as of the date of such casualty. If the Building is damaged but not totally destroyed by the casualty or if there is an interruption in services or utilities provided by Landlord pursuant to Section 9.6 of this Lease, and if such damage or interruption in services or utilities prevents Tenant's beneficial use of all or a substantial portion of the Premises, then Landlord shall notify Tenant in writing, within 45 days after the date Tenant's beneficial use is so prevented, of whether Landlord intends to restore the Building or the services or utilities in question and of how long, in Landlord's opinion, the restoration will take to complete. In the event that the repairs and restoration can, in Landlord's reasonable opinion, be completed within 270 days after the date Tenant's beneficial use is so prevented, and Landlord will receive insurance proceeds sufficient to cover the costs of such repairs and restoration, Landlord shall restore the Building or the services or utilities in question. In the event the Premises or a substantial portion of the Building or the delivery system for Building services or utilities should be so damaged or destroyed that rebuilding restoration or repairs cannot, in Landlord's opinion, be completed within 75 270 days after the day date Tenant's beneficial use is so prevented, or Landlord will not receive insurance proceeds sufficient to cover the costs of such damagerepairs and restoration, Landlord may at its option terminate this Lease upon notice to Tenant, or Landlord may elect to proceed to restore the Building. In Similarly, in the event Landlord's notice notifies Tenant that such rebuilding or repairs can, the restoration in Landlord's opinion will not be completed within 75 270 days after the date Tenant's beneficial use is so prevented, Tenant shall have twenty (20) days from the date of Tenant's receipt of Landlord's notice to elect to terminate this Lease by delivering written notice of such damage landlord termination to Landlord. If either Landlord or Tenant terminates this Lease as provided above, such termination shall restore be effective immediately upon the Buildingother party's receipt of the notice of termination, and Tenant shall be entitled to an abatement of the Base Rent as provided below as of the date 5 business days after Tenant's beneficial use of the Premises was first prevented. In the event that Landlord is obligated or elects to restore the Building or the services or utilities in question, Landlord shall commence to rebuild or repair the Building such work reasonably promptly after such damage or destruction and shall proceed with reasonable diligence to restore it the Building or the services or utilities to substantially the condition in which it was they were immediately prior to the casualty, except that the Landlord shall not be required to rebuild, repair or replace any part of the partitions, fixtures, alterations, decorations or other improvements which may have been constructed by or specifically for TenantsTenant, or by or for other tenants within the Building; provided, however, that . If neither Landlord shall rebuild any such times which were part of the Premises as delivered by Landlord to nor Tenant prior terminates this Lease due to the start of casualty, the Lease term. In such event this Lease shall remain in full force and effect. However, provided that if Tenant is dispossessed by reason of such casualty form from all or a substantial portion of the Premises for more that 3 than 5 consecutive days business days, Tenant shall be entitled to a ratable abatement of the Base Rent during the time and to the extent the Premises are unfit for occupancy; and provided further that Tenants shall have , commencing with the right to terminate this Lease upon notice service upon sixth business day. After Landlord prior to actual completion of completes Landlord's restoration work on the Premises (i.e., any necessary restoration repair work on the Building shell and the Building systems originally provided by Landlord in the core of the Building), Tenant shall diligently complete Tenant's repairs to its tenant improvements. If Tenant is unable to conduct its business in all or a substantial portion of the Premises if during Tenant's repairs, then Tenant's ratable rental abatement shall continue during such restoration is not substantially completed within 150 repairs, but in no event for more than 90 days after the casualty. Such abatement or termination, to the extent provided above, shall be Tenant's sole remedy.Landlord completes Landlord's
Appears in 1 contract
