Common use of End of Term Casualty Clause in Contracts

End of Term Casualty. Notwithstanding the provisions of Sections 18.1 and 18.2 above, either Landlord or Tenant may terminate this Lease if the Premises is damaged by fire or other casualty (and Landlord's reasonably estimated cost of restoration of the Premises exceeds ten percent (10%) of the then replacement value of the Premises) and such damage or casualty occurs during the last twelve (12) months of the Term of this Lease (or the Term of any renewal option, if applicable) by giving the other notice thereof at any time within thirty (30) days following the occurrence of such damage or casualty. Such notice shall specify the date of such termination which date shall not be less than thirty (30) nor more than sixty (60) days following the date on which such notice of termination is given. In the event of the giving of such notice of termination, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice and the Rent shall be paid to the date of such termination. Notwithstanding the foregoing to the contrary, Landlord shall not have the right to terminate this Lease if damage or casualty occurs during the last twelve (12) months of the Term if Tenant timely exercises its option to extend the Term pursuant to Section 2.2 of this Lease within twenty (20) days after the date of such damage or casualty.

Appears in 6 contracts

Samples: Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/)

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End of Term Casualty. Notwithstanding Anything herein to the provisions of Sections 18.1 and 18.2 abovecontrary notwithstanding, either Landlord or Tenant may terminate this Lease if the Premises is are destroyed or damaged by fire or other casualty (and Landlord's reasonably estimated cost of restoration of the Premises exceeds ten percent (10%) of the then replacement value of the Premises) and such damage or casualty occurs during the last twelve eighteen (1218) months of the Term of this Lease (or the Term of any renewal optionTerm, if applicable) by giving the other notice thereof at any time within thirty (30) days following the occurrence of such damage or casualty. Such notice then Tenant shall specify the date of such termination which date shall not be less than thirty (30) nor more than sixty (60) days following the date on which such notice of termination is given. In the event of the giving of such notice of termination, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice and the Rent shall be paid to the date of such termination. Notwithstanding the foregoing to the contrary, Landlord shall not have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord, which termination shall be effective on the thirtieth (30th) day after Landlord’s receipt of such notice. In addition, if damage the Premises are destroyed or casualty occurs during the last twelve substantially damaged (12) months of the Term if Tenant timely exercises its option to extend the Term pursuant to Section 2.2 which, for purposes of this Lease Section 13.5 shall mean that the repair thereof cannot, in accordance with the term hereof, be completed within twenty sixty (2060) days after the date of such damage casualty) during the last ten (10) months of the Lease Term, and Tenant does not and has not timely exercised any Renewal Option pursuant to Section 1.21 hereof, then Landlord shall also have the right to terminate this Lease upon thirty (30) days prior written notice to Tenant, which termination shall be effective on the thirtieth (30th) day after Tenant’s receipt of such notice. In either case, such notice must be delivered within thirty (30) days after such casualty, or casualtysuch termination rights shall be deemed waived.

Appears in 1 contract

Samples: Deed of Lease (Appian Corp)

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End of Term Casualty. Notwithstanding Anything herein to the provisions of Sections 18.1 and 18.2 abovecontrary notwithstanding, either Landlord or Tenant may terminate this Lease if the Premises is are destroyed or damaged by fire or other casualty (and Landlord's reasonably estimated cost of restoration of the Premises exceeds ten percent (10%) of the then replacement value of the Premises) and such damage or casualty occurs during the last twelve eighteen (1218) months of the Term of this Lease (or the Term of any renewal optionTerm, if applicable) by giving the other notice thereof at any time within thirty (30) days following the occurrence of such damage or casualty. Such notice then Tenant shall specify the date of such termination which date shall not be less than thirty (30) nor more than sixty (60) days following the date on which such notice of termination is given. In the event of the giving of such notice of termination, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice and the Rent shall be paid to the date of such termination. Notwithstanding the foregoing to the contrary, Landlord shall not have the right to terminate this Lease upon thirty (30) days prior written notice to the Landlord, which termination shall be effective on the thirtieth (30th) day after the Landlord’s receipt of such notice. In addition, if damage the Premises are destroyed or casualty occurs during the last twelve substantially damaged (12) months of the Term if Tenant timely exercises its option to extend the Term pursuant to Section 2.2 which, for purposes of this Lease Section 14.5 shall mean that the repair thereof can not, in accordance with the terms hereof, be completed within twenty sixty (2060) days after the date of such damage casualty) during the last ten (10) months of the Lease Term, and Tenant does not and has not timely exercised any Renewal Option pursuant to Section 51.1 hereof, then Landlord shall also have the right to terminate this Lease upon thirty (30) days prior written notice to the Tenant, which termination shall be effective on the thirtieth (30th) day after the Tenant’s receipt of such notice. In either case, such notice must be delivered within thirty (30) days after such casualty, or casualtysuch termination rights shall be deemed waived.

Appears in 1 contract

Samples: Deed of Lease (NCI, Inc.)

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