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 and either (i) Landlord estimates that the time to substantially complete the repair or restoration will not exceed two hundred seventy (270) 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 or the Premises other than Tenant Additions, with reasonable promptness, unless such damage is to the Premises and occurs during the last six (6) months of the 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 twenty (20) 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: Work Agreement (Caribou Biosciences, Inc.), Work Agreement (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 the Permitted Use, and either (i) Landlord estimates Landlord’s Notice indicates that the time to substantially complete the repair or restoration will not exceed two one hundred seventy eighty (270180) 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 or and/or the Premises other than Tenant Additions, with reasonable promptness, unless such damage is to the Premises and occurs during the last six twelve (612) months of the TermTerm (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 twenty thirty (2030) 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), 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 and either (i) Landlord estimates that the time to substantially complete the repair or restoration will not exceed two hundred seventy (270) days from the date such damage occurred, or (ii) the cost to repair or restore is less than ten percent (I 010%) of the replacement cost of the Building, then Landlord shall proceed to repair and restore the Building or the Premises other than Tenant Additions, with reasonable promptness, unless such damage is to the Premises and occurs during the last six (6) months of the 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 twenty (20) 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: Work Agreement (Caribou Biosciences, Inc.)

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