Common use of INSUBSTANTIAL UNTENANTABILITY Clause in Contracts

INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable for the Permitted Use, and Landlord’s Notice indicates that the time to substantially complete the repair or restoration will not exceed one hundred eighty (180) days from the date such damage occurred, then Landlord shall proceed to repair and restore the Building and/or the Premises other than Tenant Additions, with reasonable promptness, unless such damage is to the Premises and occurs during the last twelve (12) months of the Term (regardless of the estimated repair time), in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within thirty (30) days after the date of such casualty. Notwithstanding the aforesaid, Landlord’s obligation to repair shall be limited in accordance with the provisions of Section 14.1 above.

Appears in 2 contracts

Samples: Sublease (Dynavax Technologies Corp), Office/Laboratory Lease (Dynavax Technologies Corp)

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INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable for the Permitted Use, and Landlord’s Notice indicates either (i) Landlord estimates that the time to substantially complete the repair or restoration will not exceed one two hundred eighty seventy (180270) days from the date such damage occurred, or (ii) the cost to repair or restore is less than ten percent (I 0%) of the replacement cost of the Building, then Landlord shall proceed to repair and restore the Building and/or or the Premises other than Tenant Additions, with reasonable promptness, unless such damage is to the Premises and occurs during the last twelve six (126) months of the Term (regardless of the estimated repair time)Term, in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within thirty twenty (3020) days after the date of such casualty. Notwithstanding the aforesaid, Landlord’s obligation to repair shall be limited in accordance with the provisions of Section 14.1 above.

Appears in 2 contracts

Samples: Office/Laboratory Lease (Caribou Biosciences, Inc.), Office/Laboratory Lease (Caribou Biosciences, Inc.)

INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable for the Permitted Use, (and LandlordTenant’s Notice indicates access thereto is not materially impaired) and Landlord estimates that the time to substantially complete the repair or restoration will not exceed one hundred eighty (180) days from the date such damage occurred, then Landlord shall proceed to repair and restore the Building and/or or the Premises Premises, other than Tenant AdditionsAlterations, with reasonable promptness, unless such damage is to the Premises and occurs during the last twelve six (126) months of the Term (regardless of and Tenant has not exercised the estimated repair timeRenewal Option), in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within thirty twenty (3020) days after the date of such casualty. Notwithstanding the aforesaid, Landlord’s obligation to repair shall be limited in accordance with the provisions of Section 14.1 above.

Appears in 1 contract

Samples: Lease Agreement (Amyris Biotechnologies Inc)

INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable for the Permitted Use, (and LandlordTenant’s Notice indicates access thereto is not materially impaired) and Landlord estimates that the time to substantially complete the repair or restoration will not exceed one two hundred eighty seventy (180270) days from the date such damage occurred, then Landlord shall proceed to repair and restore the Building and/or or the Premises Premises, other than Tenant AdditionsAlterations, with reasonable promptness, unless such damage is to the Premises and occurs during the last twelve six (126) months of the Term (regardless of and Tenant has not exercised the estimated repair timeRenewal Option), in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within thirty twenty (3020) days after the date of such casualty. Notwithstanding the aforesaid, Landlord’s obligation to repair shall be limited in accordance with the provisions of Section 14.1 above.

Appears in 1 contract

Samples: Lease Agreement (Amyris Biotechnologies Inc)

INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable for the Permitted Use, and Landlord’s Notice indicates either (i) Landlord estimates that the time to substantially complete the repair or restoration will not exceed one two hundred eighty seventy (180270) days from the date such damage occurred, or (ii) the cost to repair or restore is less than ten percent (10%) of the replacement cost of the Building, then Landlord shall proceed to repair and restore the Building and/or or the Premises other than Tenant Additions, with reasonable promptness, unless such damage is to the Premises and occurs during the last twelve six (126) months of the Term (regardless of the estimated repair time)Term, in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within thirty twenty (3020) days after the date of such casualty. Notwithstanding the aforesaid, Landlord’s obligation to repair shall be limited in accordance with the provisions of Section 14.1 above.

Appears in 1 contract

Samples: Office/Laboratory Lease (Caribou Biosciences, Inc.)

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INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable for and Landlord estimates, within sixty (60) days after the Permitted Useoccurrence of such damage, and Landlord’s Notice indicates that the time to substantially complete Substantially Complete the repair or restoration will not exceed one hundred eighty (180) days from the date such damage occurred, then Landlord shall proceed to repair and restore the Building and/or or the Premises other than Tenant Additions, with reasonable promptness, unless such damage is to the Premises and occurs during the last twelve (12) months of the Term (regardless of the estimated repair time)Term, in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within thirty twenty (3020) days after the date of such casualty. [Notwithstanding the aforesaid, Landlord’s 's obligation to repair shall be limited in accordance with the provisions of Section 14.1 14.01 (d)(i) above.]

Appears in 1 contract

Samples: Office Lease (Northern Trust Corp)

INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable for the Permitted Use, and Landlord’s Notice indicates Landlord estimates that the time to substantially complete the repair or restoration will not exceed one hundred eighty (180) days from the date such damage occurred, then Landlord shall proceed to repair and restore the Building and/or or the Premises other than Tenant Additions, with reasonable promptnesspromptness and shall use commercially reasonable efforts to complete the same within the period of such estimate, unless such damage is to the Premises and occurs during the last twelve six (126) months of the Term (regardless of the estimated repair time)Term, in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within thirty twenty (3020) days after the date of such casualty, or, in the case of Tenant, if later, within twenty (20) days after the date of Landlord Notice of such estimate. Notwithstanding the aforesaid, Landlord’s obligation to repair shall be limited in accordance with the provisions of Section 14.1 above.

Appears in 1 contract

Samples: Office Lease (Kinemed Inc)

INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable for the Permitted Use, and Landlord’s Notice indicates Landlord estimates that the time to substantially complete Substantially Complete the repair or restoration will not exceed one hundred eighty (180) days from the date such damage occurred, then Landlord shall proceed to repair and restore the Building and/or or the Premises Premises, other than Tenant AdditionsAlterations, with reasonable promptness, unless such damage is to the Premises and occurs during the last twelve six (126) months of the Term (regardless of the estimated repair timeincluding any Renewal Periods exercised in accordance with Section 26.27), in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within thirty twenty (3020) days after the date of such casualty. Notwithstanding the aforesaid, Landlord’s obligation to repair shall be limited in accordance with the provisions of Section 14.1 14.01(d)(i) above.

Appears in 1 contract

Samples: Lease Agreement (PBSJ Corp /Fl/)

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