Common use of Damage - Uninsured Clause in Contracts

Damage - Uninsured. In the event the Premises may be damaged or destroyed by a casualty which is not covered by fire and extended coverage insurance carried by Landlord, the Landlord shall restore same, provided that if the damage or destruction is to an extent greater than ten percent (10%) of the then replacement cost of improvements on the Premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) then Landlord may elect not to restore and to terminate this Lease. Landlord must give Tenant written notice of its election not to restore within thirty (30) days from the date Landlord received notice of such damage and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period, this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Damage - Uninsured. In the event that the Premises may be are damaged or destroyed by a casualty which is not covered by the fire and extended coverage insurance which is required to be carried by LandlordTenant pursuant to Article 11(a) above, the Landlord shall restore the same, ; provided that if the damage or destruction is to an any extent greater than ten percent (10%) of the then replacement cost of the improvements on the Premises (exclusive of Tenant's ’s trade fixtures and equipment and exclusive of foundations) foundations and footings), then Landlord may elect not to restore and to terminate this Lease. Landlord must give to Tenant written notice of its election intention not to restore within thirty (30) days from the date Landlord received notice of such damage or destruction and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event that Landlord elects to give such notice of Landlord's ’s intention to cancel and terminate this Lease, Lease Tenant shall have the right right, within ten (10) days after receipt of such notice notice, to give written notice to Landlord of Tenant's ’s intention to repair such damage at Tenant's ’s expense, without reimbursement from Landlord, in which event this the Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) 10 day period, this Lease shall be canceled and be deemed terminated as of the date of the occurrence of such damagedamage or destruction.

Damage - Uninsured. In the event that the Premises may be are damaged or destroyed by a casualty which is not covered by the fire and extended coverage insurance which is required to be carried by Landlordthe party designated in Article 11(a) above, the then Landlord shall restore the same, ; provided that if the damage or destruction is to an extent greater than ten percent (10%) percent of the then replacement cost of the improvements on the Premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) foundations and footings), then Landlord may elect not to restore and to terminate this Lease. Landlord must give to Tenant written notice of its election intention not to restore within thirty (30) days from the date Landlord received notice of such damage or destruction and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event that Landlord elects to give such notice of Landlord's intention to cancel and terminate this Leaselease, Tenant shall have the right right, within ten (10) days after receipt of such notice notice, to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease the lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If the Tenant does not give such notice within such ten (10) 10 day period, this Lease shall be canceled cancelled and be deemed terminated as of the date of the occurrence of such damagedamage or destruction.

Damage - Uninsured. In the event that the Premises may be are damaged or destroyed by a casualty which is not covered by the fire and extended coverage insurance which is required to be carried by Landlordthe party designated in Article 11(a) above, the then Landlord shall restore the same, ; provided that if the damage or destruction is to an extent greater than ten percent (10%) percent of the then replacement cost of the improvements on the Premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) foundations and footings), then Landlord may elect not to restore and to terminate this Lease. Landlord must give to Tenant written notice of its election intention not to restore within thirty (30) days from the date Landlord received notice of such damage or destruction and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event that Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right right, within ten (10) days after receipt of such notice notice, to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this the Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If the Tenant does not give such notice within such ten (10) 10 day period, this Lease shall be canceled cancelled and be deemed terminated as of the date of the occurrence of such damagedamage or destruction.

Damage - Uninsured. In the event that the Premises may be are damaged or destroyed by a casualty which is not covered by the fire and extended coverage insurance which is required to be carried by Landlordthe party designated in Article 11(a) above, the then Landlord shall restore the same, ; provided that if the damage or destruction is to an extent greater than ten percent (10%) percent of the then replacement cost of the improvements on the Premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) foundations and footings), then Landlord may elect not to restore and to terminate this Lease. Landlord must give to Tenant written notice of its election intention not to restore within thirty (30) days from the date Landlord received notice of such damage or destruction and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event that Landlord elects to give such notice of Landlord's intention to cancel and terminate this Leaselease, Tenant shall have the right right, within ten (10) days after 9 receipt of such notice notice, to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease the lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If the Tenant does not give such notice within such ten (10) 10 day period, this Lease shall be canceled cancelled and be deemed terminated as of the date of the occurrence of such damagedamage or destruction.

Damage - Uninsured. In the event the Premises may be damaged or destroyed by a casualty which is not covered by fire and extended coverage insurance carried by Landlord, the then Landlord shall restore same, provided that if the damage or destruction is to an extent greater than ten percent (10%) per cent of the then replacement cost of improvements on the Premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) then Landlord may elect not to restore and to terminate this Lease. Landlord must give Tenant written notice of its election not to restore within thirty (30) days from the date Landlord received notice of such damage andand if, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this the Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at of Tenant's expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect and Tenant shall proceed to make such repairs repair as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period, this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Damage - Uninsured. In the event that the Premises may be are damaged or destroyed by a casualty which is not covered by the fire and extended coverage insurance which is required to be carried by LandlordTenant pursuant to Article 11(a) above, the Landlord shall restore the same, ; provided that if the damage or destruction is to an any extent greater than ten percent (10%) of the then replacement cost of the improvements on the Premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) foundations and footings), then Landlord may elect not to restore and to terminate this Lease. Landlord must give to Tenant written notice of its election intention not to restore within thirty (30) days from the date Landlord received notice of such damage or destruction and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event that Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Lease Tenant shall have the right right, within ten (10) days after receipt of such notice notice, to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this the Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) 10 day period, this Lease shall be canceled and be deemed terminated as of the date of the occurrence of such damagedamage or destruction.

Damage - Uninsured. In the event that the Premises may be are damaged or destroyed by a casualty which is not covered by the fire and extended coverage insurance which is required to be carried by Landlordthe party designated in Article 11(a) above, the then Landlord shall restore the same, ; provided that if the damage or destruction is to an extent greater than ten percent (10%) percent of the then replacement cost of the 9 improvements on the Premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) foundations and footings), then Landlord may elect not to restore and to terminate this Lease. Landlord must give to Tenant written notice of its election intention not to restore within thirty (30) days from the date Landlord received notice of such damage or destruction and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event that Landlord elects to give such notice of Landlord's intention to cancel and terminate this Leaselease, Tenant shall have the right right, within ten (10) days after receipt of such notice notice, to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease the lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If the Tenant does not give such notice within such ten (10) 10 day period, this Lease shall be canceled cancelled and be deemed terminated as of the date of the occurrence of such damagedamage or destruction.

Damage - Uninsured. In the event that the Premises may be are damaged or destroyed by a casualty which is not covered by the fire and extended coverage insurance which is required to be carried by Landlordthe party designated in Article 11(a) above, the then Landlord shall restore the same, ; provided that if the damage or destruction is to an extent greater than ten percent (10%) percent of the then replacement cost of the improvements on the Premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) foundations and footings), then Landlord may elect not to restore and to terminate this Lease. Landlord must give to Tenant written notice of its election intention not to restore within thirty (30) days from the date Landlord received notice of such damage or destruction and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event that Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right right, within ten (10) days after receipt of such notice notice, to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this the Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If the Tenant does not give such notice within such ten (10) 10 day period, this Lease shall be canceled and be deemed terminated as of the date of the occurrence of such damagedamage or destruction.

Damage - Uninsured. In the event that the Premises may be are damaged or destroyed by a casualty which is not covered by the fire and extended coverage insurance which is required to be carried by Landlordthe party designated in Article 11(a) above, the then Landlord shall restore the same, ; provided that if the damage or destruction is to an extent greater than ten percent (10%) percent of the then replacement cost of the improvements on the Premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) foundations and footings), then Landlord may elect not to restore and to terminate this Lease. Landlord must give to Tenant written notice of its election intention not to restore within thirty (30) days from the date Landlord received notice of such damage or destruction and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event that Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right right, within ten (10) days after receipt of such notice notice, to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this the Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If the Tenant does not give such notice within such ten (10) 10 day period, this Lease shall be canceled and be deemed terminated as of the date of the occurrence of such damage or destruction. (c) Damage Near the End of the Term. If the Premises are totally or partially destroyed or damaged during the last twelve (12) months of the term of this Lease, Landlord may, at Landlord's option, cancel and terminate this Lease as of the date of the cause of such damage by given written notice to Tenant of Landlord's election to do so within 30 days after the date of the occurrence of such damage.; provided, however, that, if the damage or destruction occurs within the last twelve (12) months of the term and if within fifteen (15) days after the date of such

Damage - Uninsured. In the event that the Premises may be are damaged or destroyed by a casualty which is not covered by the fire and extended coverage insurance which is required to be carried by Landlordthe party designated in the INSURANCE; INDEMNITY section above, the then Landlord shall restore the same, ; provided that if the damage or destruction is to an extent greater than ten percent (10%) percent of the then replacement cost of the improvements on the Premises (exclusive of Tenant's ’s trade fixtures and equipment and exclusive of foundations) foundations and footings), then Landlord may elect not to restore and to terminate this Lease. Landlord must give to Tenant written notice of its election intention not to restore within thirty (30) days from the date Landlord received notice of such damage or destruction and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event that Landlord elects to give such notice of Landlord's ’s intention to cancel and terminate this Lease, Tenant shall have the right right, within ten (10) days after receipt of such notice notice, to give written notice to Landlord of Tenant's ’s intention to repair such damage at Tenant's ’s expense, without reimbursement from Landlord, in which event this the Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If the Tenant does not give such notice within such ten (10) 10 day period, this Lease shall be canceled and be deemed terminated as of the date of the occurrence of such damagedamage or destruction.

Damage - Uninsured. In the event that the Premises may be are damaged or destroyed by a casualty which is not covered by the fire and extended coverage insurance which is required to be carried by Landlordthe party designated in Article 11(a) above, the then Landlord shall restore the same, ; provided that if the damage or destruction is to an extent greater than ten percent (10%) percent of the then replacement cost of the improvements on the Premises (exclusive of Tenant's ’s trade fixtures and equipment and exclusive of foundations) foundations and footings), then Landlord may elect not to restore and to terminate this Lease. Landlord must give to Tenant written notice of its election intention not to restore within thirty (30) days from the date Landlord received notice of such damage or destruction and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event that Landlord elects to give such notice of Landlord's ’s intention to cancel and terminate this Lease, Tenant shall have the right right, within ten (10) days after receipt of such notice notice, to give written notice to Landlord of Tenant's ’s intention to repair such damage at Tenant's ’s expense, without reimbursement from Landlord, in which event this the Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If the Tenant does not give such notice within such ten (10) 10 day period, this Lease shall be canceled cancelled and be deemed terminated as of the date of the occurrence of such damagedamage or destruction.

Damage - Uninsured. In the event the Premises Property may be damaged or destroyed by a casualty which is not covered by fire and extended coverage property insurance carried by Landlord, the Landlord shall restore same, provided that if the damage or destruction is to an extent greater than ten percent (10%) of the then replacement cost of improvements on the Premises Property (exclusive of Tenant's trade fixtures and equipment and exclusive of foundationsequipment) then Landlord may elect not to restore and to terminate this LeaseLease effective as of the date of the casualty. Landlord must give Tenant written notice of its election not to restore within thirty sixty (3060) days from the date Landlord received notice of such damage and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event Landlord elects to give such notice of LandlordXxxxxxxx's intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period, this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Damage - Uninsured. In the event that the Premises may be are damaged or destroyed by a casualty which is not covered by the fire and extended coverage insurance which is required to be carried by Landlordthe party designated in Article 11 (a) above, the Landlord then landlord shall restore the same, ; provided that if the damage or destruction is to an extent greater than ten percent (10%) percent of the then replacement cost of the improvements on the Premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) to foundations and footings), then Landlord may elect not to restore and to terminate this Lease. Landlord must give to Tenant written notice of its election intention not to restore within thirty (30) days from the date Landlord received notice of such damage or destruction and, if not given, given Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event that Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right right, within ten (10) days after receipt of such notice notice, to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this the Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If the Tenant does not give such notice within such ten (10) 10 day period, this Lease shall be canceled cancelled and be deemed terminated as of the date of the occurrence of such damagedamage or destruction.

Damage - Uninsured. In the event the Premises may be damaged or destroyed by a casualty which is not covered by fire and extended coverage insurance carried by Landlord, the Landlord shall restore same, provided that if the damage or destruction is to an extent greater than ten percent (10%) of the then replacement cost of improvements on the Premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) then Landlord may elect not to restore and to terminate this Lease. Landlord must give Tenant written notice of its election not to restore the Premises within thirty (30) days from the date Landlord received notice of such damage and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten fifteen (1015) days after receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten fifteen (1015) day period, this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Damage - Uninsured. In the event that the Premises may be premises are damaged or destroyed by a casualty which is not covered by the fire and extended coverage insurance which is required to be carried by Landlordunder Paragraph 17, the then Landlord shall restore the same, ; provided that if the damage or destruction is to an extent greater than ten percent (10%) of the then replacement cost of improvements on the Premises premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) equipment), then Landlord may elect not to restore and to terminate this Lease. Landlord must give to Tenant written notice of its election intention not to restore within thirty (30) days from the date Landlord received notice of such damage andor destruction, and if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event that Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, then Tenant shall have the right right, within ten (10) days after receipt of such notice notice, to give written notice to Landlord of Tenantto Xxxxxx's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this the Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If the Tenant does not give such notice within written such ten (10) -day period, this Lease shall be canceled and be deemed terminated as of the date of the occurrence of such damagedamage or destruction.

Damage - Uninsured. In the event (a) If the Premises may be are damaged or destroyed by a casualty which is not covered by the fire and extended coverage insurance carried which is required by LandlordArticle 18, the then Landlord shall restore the same, provided at Landlord's sole expense, on the contingency that if the damage damaged or destruction is to an extent greater than ten percent (10%) percent of the then replacement cost of the improvements on the Premises property on which the premises are located (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) foundation and footing), then Landlord may elect not to restore and to terminate this Lease. (b) Landlord must give shall provide Tenant with written notice of its election intention not to restore and terminate this Lease within thirty (30) days from the date Landlord received notice of such damage or destruction and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible. In the event (c) If Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right right, within ten (10) days after receipt of such notice notice, to give written notice to Landlord of Tenant's intention intent to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this . The Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such said notice within such ten (10) day period, this Lease shall be canceled cancelled and be terminated as of the date of the occurrence of such damage.damage or destruction. 19.3

Damage - Uninsured. In the event the Premises may be damaged or destroyed by a casualty which is not covered by fire and extended coverage insurance carried by Landlord, the then Landlord shall have the option to restore same, provided that if the damage or destruction is to an extent greater than ten percent (10%) of the then replacement cost of improvements on the Premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundations) then Landlord may or elect not to restore and to terminate this Lease. Landlord must give Tenant written notice of its election not to restore within thirty sixty (3060) days from the date Landlord received receives notice of such damage damage, and, if not given, Landlord shall be deemed to have elected to restore and in such event shall repair any damage as soon as reasonably possible, at Landlord's cost. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period, this Lease shall be canceled cancelled and terminated as of the date of the occurrence occupance of such damage.