Common use of Damage to the Project Clause in Contracts

Damage to the Project. If there is a total destruction of the Project or a partial destruction of the Project, the cost of restoration of which would exceed one-third (1/3) of the then replacement value of the Project, by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, Landlord may within a period of one hundred eighty (180) days after the occurrence of such destruction, notify Tenant in writing that it elects not to so reconstruct or restore the Project, in which event this Lease shall cease and terminate as of the date of such destruction.

Appears in 3 contracts

Samples: Lease Agreement (Eyeonics Inc), Multi Tenant Industrial Lease (E Digital Corp), Single Tenant Industrial Lease (Alliance Pharmaceutical Corp)

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Damage to the Project. If there is a total destruction of the Project or a partial destruction of the Project, the cost of restoration of which would exceed one-third (1/3) of the then replacement value of the Project, by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, Landlord may within a period the earlier of one hundred eighty fifteen (18015) days after Landlord's receipt of the estimate from Landlord's contractor or forty-five (45) days after the occurrence of such destruction, notify Tenant in writing that it elects not to so reconstruct or restore the Project, in which event this Lease shall cease and terminate as of the date of such destruction.

Appears in 2 contracts

Samples: Multi Tenant Industrial Lease (Triple Net) (Aurora Biosciences Corp), Multi Tenant Industrial Lease (Aurora Biosciences Corp)

Damage to the Project. If there is a total destruction of the Project or a partial destruction of the Project, the cost of restoration of which would exceed one-third half (1/31/2) of the then replacement value of the Project, by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, Landlord may within a period of one hundred eighty (180) days after the occurrence of such destruction, notify Tenant in writing that it elects not to so reconstruct or restore the Project, in which event this Lease shall cease and terminate as of the date of such destruction.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (HNC Software Inc/De)

Damage to the Project. If there is a total destruction of the Project or a partial destruction of the Project, the cost of restoration of which would exceed one-third (1/3) of the then replacement value of the Project, by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, Landlord may within a period of one hundred eighty (180) days after the occurrence of such destruction, notify Tenant in writing that it elects not to so reconstruct or restore the Project, in which event this Lease shall cease and terminate as of the date of such destruction.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Imcor Pharmaceutical Co)

Damage to the Project. If there is Notwithstanding anything to the contrary herein contained, in the event of a total destruction of the Project or a partial destruction of the Project, the cost of restoration of which would exceed one-third (1/3) of the then replacement value of the Project, by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, Landlord may may, within a period of one hundred eighty (180) days after the occurrence of such destruction, notify Tenant in writing that it elects not to so reconstruct or restore the Project, in which event this Lease shall cease and terminate as of the date of such destruction.

Appears in 1 contract

Samples: Air Cargo Center Lease (A-Mark Precious Metals, Inc.)

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Damage to the Project. If there is a total destruction of the Project or a partial destruction of the Project, the cost of restoration of which would exceed one-third (1/3) of the then replacement value of the Project, by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, Landlord may within a period of one hundred eighty thirty (18030) days after the occurrence of such destruction, notify Tenant in writing that it elects not to so reconstruct or restore the Project, in which event this Lease shall cease and terminate as of the date of such destruction.

Appears in 1 contract

Samples: Multi Tenant Lease (Encore Capital Group Inc)

Damage to the Project. If there is a total destruction of the Project or a partial destruction of the Project, the cost of restoration of which would exceed one-third (1/3) of the then replacement value of the Project, by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, Landlord may within a period the earlier of one hundred eighty fifteen (18015) days after Landlord’s receipt of the estimate from Landlord’s contractor or forty-five (45) days after the occurrence of such destruction, notify Tenant in writing that it elects not to so reconstruct or restore the Project, in In which event this Lease shall cease and terminate as of the date of such destruction.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (BioMed Realty Trust Inc)

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