Greater Than 180 Days. If the Premises or Building should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Premises or Building which was damaged or destroyed, either Landlord or Tenant may terminate this Lease by giving written notice within thirty (30) days after notice from Landlord specifying such time period of repair, and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease, Landlord shall commence and prosecute to completion the repairs to the Premises or Building, provided insurance proceeds are available to pay for the repair of all damage other than the deductible amount (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the usability of the Premises for the conduct of Tenant’s business regardless of the number of square feet of floor area of the Premises that is damaged, if Tenant cannot reasonably use all or a portion of the Premises for Tenant’s business conducted prior to the damage, rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises but only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received if Landlord obtained the insurance required to be obtained by Landlord) and only during the period the Premises are unfit for occupancy.
Appears in 2 contracts
Samples: Lease Agreement (Talend SA), Lease Agreement (Talend SA)
Greater Than 180 Days. If the Premises or Building should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises or Building which was damaged or destroyed, either Landlord or Tenant may terminate this Lease by giving written notice within thirty ten (3010) days after notice from Landlord specifying such time period of repair, ; and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease, Landlord shall promptly commence and diligently prosecute to completion the repairs to the Premises Building or BuildingPremises, provided insurance proceeds are available (or such proceeds would have been available but for Landlord's failure to pay for carry insurance as described in Section 8.1 above) to repair the repair of all damage other than the deductible amount (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property)'s Property which may have been placed in, on or about the Premises by or for the benefit of Tenant. If Tenant is required to vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the usability size of the area of the Premises for the conduct of Tenant’s business regardless of that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged, if Tenant cannot reasonably use all or a portion damaged compared to the total square footage of the Premises for Tenant’s business conducted prior to floor area of the damagePremises), rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises but that was damaged only to the extent rental abatement insurance proceeds are received by Landlord (or such proceeds would have been received if by Landlord obtained the but for Landlord's failure to carry rental abatement insurance required to be obtained by Landlordas described in Section 8.1 above) and only during the period that the Premises are unfit for occupancy.
Appears in 2 contracts
Samples: Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc), Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc)
Greater Than 180 Days. If the Premises or Building should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises or Building which was damaged or destroyed, either Landlord or Tenant may terminate this Lease by giving written notice within thirty ten (3010) days after notice from Landlord specifying such time period of repair, ; and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease, Landlord shall commence and prosecute to completion the repairs to the Premises Building or BuildingPremises, provided insurance proceeds are available to pay for the repair of all damage other than the deductible amount (except that Landlord shall not be required to rebuild, repair or replace Tenant’s 's Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the usability size of the area of the Premises for the conduct of Tenant’s business regardless of that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged, if Tenant cannot reasonably use all or a portion damaged compared to the total square footage of the Premises for Tenant’s business conducted prior to floor area of the damagePremises), rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises but that was damaged only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received if Landlord obtained the insurance required to be obtained by Landlord) and only during the period that the Premises are unfit for occupancy.
Appears in 2 contracts
Samples: Office Lease (Rimini Street, Inc.), Office Lease (GP Investments Acquisition Corp.)
Greater Than 180 Days. If the Premises or Building should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Premises or Building which was damaged or destroyed, either Landlord or Tenant may terminate this Lease by giving written notice within thirty ten (3010) days after notice from Landlord specifying such time period of repair, and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease, Landlord shall commence and prosecute to completion the repairs to the Premises or Building, provided insurance proceeds are available to pay for the repair of all damage other than the deductible amount (except that Landlord shall not be required to rebuild, repair or replace Tenant’s 's Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the usability size of the area of the Premises for the conduct of Tenant’s business regardless of that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged, if Tenant cannot reasonably use all or a portion damaged compared to the total square footage of the Premises for Tenant’s business conducted prior to floor area of the damagePremises), rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises but that was damaged only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received if Landlord obtained the insurance required to be obtained by Landlord) and only during the period that the Premises are unfit for occupancy.
Appears in 2 contracts
Samples: Sublease (Telenav, Inc.), Lease Agreement (Ipass Inc)
Greater Than 180 Days. If the Premises or Building should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Premises or Building which was damaged or destroyed, either Landlord or Tenant may terminate this Lease by giving written notice within thirty ten (3010) days after notice from Landlord specifying such time period of repair, and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease, Landlord shall commence and prosecute to completion the repairs to the Premises or Building, provided insurance proceeds are available to pay for the repair of all damage other than the deductible amount (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the usability size of the area of the Premises for the conduct of Tenant’s business regardless of that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged, if Tenant cannot reasonably use all or a portion damaged compared to the total square footage of the Premises for Tenant’s business conducted prior to floor area of the damagePremises), rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises but that was damaged only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received if Landlord obtained the insurance required to be obtained by Landlord) and only during the period that the Premises are unfit for occupancy.
Appears in 2 contracts
Samples: Lease Agreement (Qualys, Inc.), Lease Agreement (Biotime Inc)
Greater Than 180 Days. If the Premises or Building should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises or Building which was damaged or destroyed, either Landlord or Tenant may terminate this Lease by giving written notice within thirty ten (3010) days after notice from Landlord specifying such time period of repair, ; and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease, Landlord shall commence and prosecute to completion the repairs to the Premises Building or BuildingPremises, provided insurance proceeds are available to pay for the repair of all damage other than the deductible amount (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the usability size of the area of the Premises for the conduct of Tenant’s business regardless of that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged, if Tenant cannot reasonably use all or a portion damaged compared to the total square footage of the Premises for Tenant’s business conducted prior to floor area of the damagePremises), rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises but that was damaged only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received if Landlord obtained the insurance required to be obtained by Landlord) and only during the period that the Premises are unfit for occupancy.
Appears in 2 contracts
Samples: Office Lease (Rimini Street, Inc.), Office Lease (Rimini Street, Inc.)
Greater Than 180 Days. If the Premises or Building should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Premises or Building which was damaged or destroyed, either Landlord or Tenant may terminate this Lease by giving written notice within thirty ten (3010) days after notice from Landlord specifying such time period of repair, and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease, Landlord shall commence and prosecute to completion the repairs to the Premises or Building, provided insurance proceeds are available to pay for the repair of all damage other than the deductible amount (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the usability size of the area of the Premises for the conduct that is not useable by Tenant by reason of Tenant’s business regardless of such damage (i.e., the number of square feet of floor area of the Premises that is damaged, if so rendered not useable by Tenant cannot reasonably use all or a portion by reason of such damage compared to the total square footage of the Premises for Tenant’s business conducted prior to floor area of the damagePremises), rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises but that was damaged only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received if by Landlord obtained the had it carried rental abatement insurance required to be obtained by Landlordwith twelve (12) months of coverage) and only during the period that the Premises are unfit for occupancy.
Appears in 1 contract
Samples: Lease Agreement (Imperva Inc)
Greater Than 180 Days. If the Premises or Building should be so damaged by Casualty to such extent that rebuilding or repairs cannot in Landlord’s estimation be reasonably completed within one hundred eighty (180) days after the issuance date of such notice and receipt of required permits for such rebuilding or repair, then Landlord shall have the necessary repair or reconstruction option of either: (1) terminating this Lease effective upon the date of the occurrence of such damage, in which event the Rent shall be abated during the unexpired portion of this Lease; or (2) electing to rebuild or repair the Premises diligently and in the manner determined by Landlord. Landlord shall notify Tenant in writing (“Landlord’s Election Notice”) of its election within thirty (30) days after Landlord’s receipt of notice of the damage or Building which was damaged destruction. Notwithstanding the foregoing, however, in the event that rebuilding or destroyedrepairs cannot in Landlord’s estimation be reasonably completed within one hundred eighty (180) days after the date of Landlord’s receipt of required permits for such rebuilding or repair, then Tenant shall also have the option to terminate this Lease effective upon the date of the occurrence of such damage by notifying Landlord of its election to terminate within ten (10) business days following Tenant’s receipt of Landlord’s Election Notice. If Landlord has elected to make such repairs, and if (i) any such repair is not commenced by Landlord within ninety (90) days after the casualty, or (ii) such repair work is not substantially completed within nine (9) months after such casualty, then Tenant may, at its option, upon notice to Landlord, elect to terminate this Lease effective as of the date of the casualty. If Landlord does not elect to make such repairs, then within five (5) business days after Landlord notifies Tenant that it will not make such repairs, either Landlord or Tenant may terminate this Lease by giving written notice within thirty (30) days after notice from Landlord specifying such time period effective as of repair, and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates of the Premisescasualty. In Notwithstanding the event that neither party elects to terminate this Leaseabove, Landlord shall commence and prosecute to completion the repairs to the Premises or Building, provided insurance proceeds are available to pay for the repair of all damage other than the deductible amount (except that Landlord shall not be required to rebuild, repair or replace any part of any Alterations which may have been placed, on or about the Premises or paid for by Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder under this Lease during the period in which they are untenantable shall be abated proportionately on the basis of the usability of the Premises for the conduct of Tenant’s business regardless of the number of square feet of floor area of the Premises that is damagedproportionately, if Tenant cannot reasonably use all or a portion of the Premises for Tenant’s business conducted prior to the damage, rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises but only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received if Landlord obtained the insurance required to be obtained by Landlord) and only during the period the Premises are unfit for occupancy.
Appears in 1 contract
Samples: Commercial Lease (Body & Mind Inc.)
Greater Than 180 Days. If the Premises or Building or Project should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days after the issuance of permits Permits for the necessary repair or reconstruction of the portion of the Building or Premises or Building Project which was damaged or destroyed, either Landlord or Tenant may terminate this Lease by giving written notice within thirty ten (3010) days after notice from Landlord specifying such time period of repair, ; and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates of the Premisescasualty. In the event that neither party elects to terminate this Lease, Landlord shall promptly commence and diligently prosecute to completion the repairs to the Building or Premises or BuildingProject, provided insurance proceeds are available to pay for repair the repair of all damage other than the deductible amount (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property's Property which may have been placed in, on or about the Premises by or for the benefit of Tenant). If Tenant is required to Tenant, in its reasonable discretion, determines that it must vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the usability size of the area of the Premises for the conduct of Tenant’s business regardless of that is vacated (i.e., the number of square feet of floor area of the Premises that is damaged, if Tenant cannot reasonably use all or a portion vacated compared to the total square footage of the Premises for Tenant’s business conducted prior to floor area of the damagePremises), rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises but only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received if Landlord obtained the insurance required to be obtained by Landlord) and that was vacated only during the period that the Premises are unfit for occupancyoccupancy as reasonably determined by Tenant. In the event that Landlord should fail to obtain the Permits within 60 days after the date of the casualty, or to substantially complete such repairs within the time period estimated in Landlord's notice delivered pursuant to Section 13.1, Tenant shall have the right, as Tenant's exclusive remedy, within ten (10) days after the expiration of such 60 day period, or the estimated completion period, as applicable, and provided that such Permits have not been issued, or such repairs have not been substantially completed (as applicable) within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Xxxxxx's exclusive remedy, whereupon this Lease will be terminated retroactive to the date of the casualty.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Standard Register Co)
Greater Than 180 Days. If the Premises or Building should be so damaged by Casualty to such extent that rebuilding or repairs cannot in Landlord's estimation be reasonably completed within one hundred eighty (180) days after the issuance date of such notice and receipt of required permits for such rebuilding or repair, then Landlord either party shall have the necessary repair or reconstruction option, to be exercised within thirty (30) days following receipt of Landlord's estimate, of either (1) terminating this Lease effective upon the date of the occurrence of such damage, in which event the Rent shall be abated during the unexpired portion of this Lease or (2) electing to rebuild or repair the Premises or Building which was damaged or destroyed, either diligently and in the manner determined by Landlord. Landlord or shall notify Tenant may terminate this Lease by giving written notice of its election within thirty (30) days after Landlord's receipt of notice from Landlord specifying such time period of repair, and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premisesdamage or destruction. In the event that If neither party elects to terminate this Leaseso terminate, Landlord shall commence and prosecute to completion the repairs to rebuild or repair the Premises or Buildingdiligently and in the manner reasonably determined by Landlord. Notwithstanding the above, provided insurance proceeds are available to pay for the repair of all damage other than the deductible amount (except that Landlord shall not be required to rebuild, repair or replace any part of any Alterations which may have been placed, on or about the Premises by Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately on the basis of the usability of the Premises for the conduct of Tenant’s business regardless of the number of square feet of floor area of the Premises that is damagedproportionately, if Tenant cannot reasonably use all or a portion of the Premises for Tenant’s business conducted prior to the damage, rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises but only to the extent of rental abatement insurance proceeds are received by Landlord (or would have been received if Landlord obtained the insurance required to be obtained by Landlord) and only during the period time and to the extent the Premises are unfit for occupancy.
Appears in 1 contract
Samples: Sub Sublease (Divx Inc)
Greater Than 180 Days. If the Premises or Building should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days after the date of the issuance of permits for the necessary repair or reconstruction of the portion of the Premises or Building which was damaged or destroyed, either Landlord or Tenant may terminate this Lease by giving written notice within thirty ten (3010) days after notice from Landlord specifying such time period of repair, ; and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease, Landlord shall commence and prosecute to completion the repairs to the Premises or BuildingPremises, provided insurance proceeds are available to pay for the repair of all damage other than the deductible amount (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the usability size of the area of the Premises for the conduct of Tenant’s business regardless of that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged, if unavailable to Tenant cannot reasonably use all or a portion compared to the total square footage of the Premises for Tenant’s business conducted prior to floor area of the damagePremises), rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises but that was damaged only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received if Landlord obtained the insurance required to be obtained by Landlord) and only during the period that the Premises or a portion thereof are unfit for occupancy.
Appears in 1 contract
Samples: Lease Agreement (Macrovision Corp)
Greater Than 180 Days. If the Premises or Building should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises or Building which was damaged or destroyed, either Landlord or Tenant may terminate this Lease by giving written notice within thirty ten (3010) days after notice from Landlord specifying such time period of repair, ; and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease, Landlord shall commence and prosecute to completion the repairs to the Premises Building or BuildingPremises, provided insurance proceeds are available to pay for the repair of all damage other than the deductible amount (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the usability size of the area of the Premises for the conduct of Tenant’s business regardless of that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged, if Tenant cannot reasonably use all or a portion damaged compared to the total square footage of the Premises for Tenant’s business conducted prior to floor area of the damagePremises), rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises but that was damaged only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received if Landlord obtained the insurance required to be obtained by Landlord) and only during the period that the Premises are unfit for occupancy.
Appears in 1 contract
Samples: Lease Agreement (Hansen Medical Inc)
Greater Than 180 Days. If the Premises or Building should be so damaged by Casualty to such extent that rebuilding or repairs cannot in Landlord’s estimation be reasonably completed within one hundred eighty (180) days after the issuance receipt of required permits for rebuilding or repair, and such damage materially and adversely interferes with the necessary repair or reconstruction conduct of Tenant’s business in the portion of Premises, then either party shall have the Premises or Building which was damaged or destroyed, either Landlord or Tenant may terminate right to cancel this Lease by giving the other party written notice within [ten (10)] days from the date of Landlord’s notice that material restoration of the Premises cannot be made within such one hundred eighty (180) day period or notice that Landlord has elected not to rebuild or repair the Premises. Said cancellation shall be effective [thirty (30) )] days after notice from Landlord specifying such time period of repair, and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premisesfirst day that either party gives its notice to cancel. In the event that neither If either party elects to terminate so cancel this Lease, Landlord shall commence proceed to rebuild and prosecute to completion the repairs to repair the Premises or Buildingdiligently and in the manner determined by Landlord, provided insurance proceeds are available to pay for the repair of all damage other than the deductible amount (except that Landlord shall not be required to rebuild, repair or replace any part of any Alterations which may have been placed on or about the Premises by Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately on the basis of the usability of the Premises for the conduct of Tenant’s business regardless of the number of square feet of floor area of the Premises that is damagedproportionately, if Tenant cannot reasonably use all or a portion of the Premises for Tenant’s business conducted prior to the damage, rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises but only to the extent rental of rent abatement insurance proceeds are received by Landlord (or would have been received if Landlord obtained the insurance required to be obtained by Landlord) and only during the period time and to the extent the Premises are unfit for occupancy.
Appears in 1 contract