FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's property or equipment.
Appears in 6 contracts
Samples: Commercial Lease (Boston Communications Group Inc), Commercial Lease (Focus Enhancements Inc), Commercial Lease (Cardiotech International Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any the taking by eminent domain, except for the damage to LESSEE's property or equipment.
Appears in 3 contracts
Samples: Commercial Lease (Boston Communications Group Inc), Commercial Lease (Boston Communications Group Inc), Commercial Lease (Boston Communications Group Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) days of such fire, casualty or taking of its intention to restore the leased premises, or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety one hundred eighty (90180) days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domaindomain and LESSEE shall release the entire condemnation award, except for damage and LESSEE hereby assigns to LESSOR all of LESSEE's property or equipmentinterest therein.
Appears in 3 contracts
Samples: Commercial Lease (Synta Pharmaceuticals Corp), Commercial Lease (Synta Pharmaceuticals Corp), Commercial Lease (Synta Pharmaceuticals Corp)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) * days of its intention to restore the leased premises, ; or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) ** days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's ’s property or equipment.. *15 **60
Appears in 2 contracts
Samples: Commercial Lease (BioTrove, Inc.), Commercial Lease (BioTrove, Inc.)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this leaseLease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease his Lease if: :
(a) The LESSOR fails to give written notice within thirty sixty (3060) days of intention to restore the leased premises, or or
(b) The LESSOR fails to restore the leased premises to a condition conditions substantially suitable for their intended use within ninety four (904) days months of said fire, casualty casualty, or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's property 'S fixtures, property, or equipment.
Appears in 2 contracts
Samples: Commercial Lease (First Marblehead Corp), Commercial Lease (First Marblehead Corp)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) 30 days of intention to restore the leased premises, ; or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) 90 days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's property or equipment.
Appears in 2 contracts
Samples: Commercial Lease (Eyetech Pharmaceuticals Inc), Lease Amendment (Constellation 3d Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, part be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: ;
(a) The LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or or
(b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's fixtures, property or equipment.
Appears in 2 contracts
Samples: Commercial Lease (Interleukin Genetics Inc), Commercial Lease (Interleukin Genetics Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, casualty or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) 30 days after said fire, casualty or taking of its intention to restore the leased premises, ; or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) 90 days of after said fire, casualty or taking. , LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's ’s property or equipment.
Appears in 2 contracts
Samples: Commercial Lease (Anterios Inc), Commercial Lease (Anterios Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, Leased Premises or of the property of which they are a part, Property be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR the Lessor or Lessee may elect to terminate this leaseLease. When such fire, casualty, or taking renders the leased premises Leased Premises substantially unsuitable for their Lessee’s intended use, a just and proportionate abatement of rent shall be made, and LESSEE the Lessee may also elect to terminate this lease if: :
(a) LESSOR The Lessor fails to give written notice within thirty (30) days of its intention to restore the leased premisesLeased Premises, or or
(b) LESSOR The Lessor fails to restore the leased premises Leased Premises to a condition substantially suitable for their Lessee’s intended use within ninety (90) days of said fire, casualty or taking. LESSOR reserves The Lessor reserves, and the Lessee grants to the Lessor, all rights which the Lessee may have for damages or injury to the leased premises Leased Premises for any taking by eminent domain, except for damage to LESSEE's property the Lessee’s fixtures, property, or equipment, and Lessee’s moving expenses.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, . or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: :
(a) The LESSOR fails to give written notice within thirty fifteen (3015) days of intention to restore the leased premises, or or
(b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety forty-five (9045) days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, domain except for damage to the LESSEE's property or equipmentfixtures, property, equipment and loss of profit .
Appears in 1 contract
Samples: Commercial Lease (Fibercore Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this leaseLease. When such fire, casualty, casualty or taking renders the leased leases premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease Lease if: (a) :
a. the LESSOR fails to give written notice within thirty (30) days of said fire, casualty or taking, indicating his intention to restore the leased premises, or (b) or
b. the LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's 'S property or equipment.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a partapart, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: (a) The LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's property fixtures, property, or equipment.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they the premises are a part, part be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, an event is not caused or taking contributed to by LESSEE parties and renders the leased premises substantially unsuitable for their intended usebuilding uninhabitable, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease upon 30 days’ prior written notice if: .
(a) LESSOR fails to give written notice within thirty (30) 30 days after said event of intention its Mention to restore the leased premises, ; or (b) LESSOR fails to restore the leased premises premises, using building standard finishes, to a condition substantially suitable for their intended the use described above within ninety (90) 90 days of after said fire, casualty or taking. event LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's ’S property or equipment.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, casualty or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) 30 days after said fire, casualty or taking of its intention to restore the leased premises, ; or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) 90 days of after said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's property or equipment.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR or LESSEE may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (b) LESSOR fails to restore the leased premises to a condition substantially reasonably suitable for their intended use within ninety (90) days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's property or equipment.
Appears in 1 contract
Samples: Commercial Lease (Chirex Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's property or equipmentequipment [insert addendum 7a].
Appears in 1 contract
Samples: Commercial Lease (Booktech Com Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, Leased Premises or of the property of which they the Leased Premises are a part, part be substantially damaged by fire or other casualty, casualty or be taken by eminent domain, LESSOR the Lessor may elect to terminate this leaseLease. When such fire, casualty, casualty or taking renders the leased premises Leased Premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, made and LESSEE the Lessee may elect to terminate this lease Lease if: :
(a) LESSOR The Lessor fails to give written notice within thirty (30) days of intention to restore the leased premises, or Leased Premises; or
(b) LESSOR The Lessor fails to restore the leased premises Leased Premises to a condition substantially suitable for their intended use within ninety one hundred twenty (90120) days of said fire, casualty casualty, or taking. LESSOR The Lessor reserves and the Lessee grants to the Lessor all rights which the Lessee may have for damages damage or injury to the leased premises Leased Premises for any taking by eminent domain, except for damage to LESSEEthe Lessee's property personal property, equipment or equipmentfixtures.
Appears in 1 contract
Samples: Lease Agreement (Presstek Inc /De/)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR Lessor may elect to terminate this leaseLease. When such fire, casualty, casualty or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, made and LESSEE Lessee may elect to terminate this lease Lease if: (aA) LESSOR Lessor fails to give written notice within thirty (30) days of its intention to restore the leased premises, premises or (bB) LESSOR Lessor fails to restore the leased premises to in a condition substantially suitable for their intended use within ninety one hundred and eighty (90180) days of said fire, casualty or taking. LESSOR Lessor reserves and the Lessee grants to Lessor all rights which the Lessee may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEELessee's fixtures, property or equipment.
Appears in 1 contract
Samples: Lease Agreement (Presstek Inc /De/)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's ’s property or equipment.
Appears in 1 contract
Samples: Commercial Lease (Biotransplant Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domaindomain as reasonably determined by LESSEE, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) 30 days of intention to restore the leased premises, : or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their LESSEE's intended use within ninety (90) 90 days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's property or equipment.
Appears in 1 contract
Samples: Commercial Lease (Interliant Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: (a) :
A. The LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (b) or
B. The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's fixtures, property or equipment.
Appears in 1 contract
Samples: Commercial Lease (Tekgraf Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, casualty or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, premises or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's property or equipment.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, part be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When When, through no fault of the LESSEE, such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: ;
(a) The LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or or
(b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's ’s fixtures, property or equipment.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, premises or of the property of which they are a part, be substantially damaged by fire or other casualty, or at be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: :
(a) The LESSOR fails falls to give written notice within thirty (30) days of intention to restore the leased premises, or ; or
(b) The LESSOR fails falls to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's property fixtures, property, or equipment.
Appears in 1 contract
Samples: Commercial Lease (Infoactiv Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: (a) The LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's property ’s fixtures, property, or equipmentequipment including leasehold improvements.
Appears in 1 contract
Samples: Commercial Lease (Symbollon Corp)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) 30 days of its intention to restore the leased premises, ; or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) 90 days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's ’s property or equipment.
Appears in 1 contract
Samples: Commercial Lease (Opgen Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, domain either the LESSEE or the LESSOR may elect to terminate this lease. When In addition to said option, when such fire, casualty, or taking renders render the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: (a:
a.) The LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (bor
b.) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90ninety(90) days of said fire, casualty casualty, or taking. The LESSOR reserves reserves, and the LESSEE grants the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for fro damage to the LESSEE's 'S fixtures, property or equipment.
Appears in 1 contract
Samples: Commercial Lease (Sabratek Corp)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: (a) The LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's property fixtures, property, or equipmentequipment including leasehold improvements.
Appears in 1 contract
Samples: Commercial Lease (Symbollon Corp)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: if (a) LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's property or equipment.
Appears in 1 contract
Samples: Commercial Lease (Essential Com Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: :
(a) The LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or or
(b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's property ’s fixtures, property, or equipment.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if:
(a) The LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or or
(b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty casualty, or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's property 'S fixtures, property, or equipment.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion (20% or more) of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, casualty or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, premises or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's property or equipment.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, . be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's property or equipment.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: :
(a) The LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or or
(b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty casualty, or taking. The LESSOR reserves and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for or any taking by eminent domain, domain except for damage to the LESSEE's fixtures, property or equipment.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (b) LESSOR fails falls to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said firefee, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's property or equipment.,
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) 30 days after said fire, casualty or taking of its intention to restore the leased premises, or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) 90 days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any the taking by eminent domain, except for the damage to LESSEE's ’s property or equipment.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR or LESSEE may elect to terminate this leaseLease. When such fire, casualty, casualty or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease Lease if: (a) LESSOR fails to give written notice within thirty (30) 30 days after said fire, casualty or taking of its intention to restore the leased premises, ; or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) 90 days of after said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's ’s property or equipmentequipment and LESSEE’s relocation expenses.
Appears in 1 contract
Samples: Commercial Lease (Carbonite Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of or which they are a part, be substantially damaged by fire or other casualty, casualty or be taken by eminent domain, the LESSOR may elect to terminate this leaseLEASE. When such fire, casualty, casualty or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease LEASE if: (a:
a.) the LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (bor
b.) the LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety thirty (9030) days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's ’S fixtures, property or equipment.
Appears in 1 contract
Samples: Lease Agreement
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, part be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: :
(a) The LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or or
(b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's fixtures, property or equipmentequipment or business interruption.
Appears in 1 contract
Samples: Lease Agreement (Access Integrated Technologies Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should Should* a substantial portion of the leased premises, or or** of the property of which ***they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, ,**** LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease (ease if: (a) LESSOR fails to give written notice within thirty (30) 30 days of intention to restore the leased premises, ; or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) 90 days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's ’s property or equipment.. *more than 35% of any of the laboratory spaces at **a substantial portion ***the leased premises ****either LESSEE or
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FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR the LESSORS may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: :
(a) LESSOR fails The LESSORS fail to give written notice within thirty (30) days of intention to restore the leased premises, or ; or
(b) LESSOR fails The LESSORS fail to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty casualty, or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's property 'S fixtures, property, or equipment.
Appears in 1 contract
Samples: Commercial Lease (Haber Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premisesUnit, or of the property of which they are a part, Condominium be substantially damaged by fire or other casualty, casualty or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, casualty or taking renders the leased premises Unit substantially unsuitable for their its intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this the lease if: :
(a) The LESSOR fails to give written notice within thirty (30) THIRTY days of intention to restore the leased premisesUnit, or or
(b) The LESSOR fails to restore the leased premises Unit to a condition substantially suitable for their intended use within ninety (90) NINETY days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises Unit for any taking by eminent domain, except for damage to the LESSEE's fixtures, property or equipment.
Appears in 1 contract
Samples: Lease Agreement (Gomez Advisors Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: :
(a) The LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or or
(b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The LESSOR reserves reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's property 'S fixtures, property, or equipment.
Appears in 1 contract
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, part be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, casualty or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, made and LESSEE may elect to terminate this lease if: (a) LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, premises or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for by any taking by eminent domain, domain except for damage to LESSEE's 'S property or equipment.
Appears in 1 contract
Samples: Commercial Lease (Arqule Inc)
FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this lease ifit: (a) LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises, or (b) LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. LESSOR reserves all rights for damages or injury to the leased premises for any taking by eminent domain, except for damage to LESSEE's property or equipment.
Appears in 1 contract
Samples: Commercial Lease (Sequenom Inc)