Common use of INSUBSTANTIAL UNTENANTABILITY Clause in Contracts

INSUBSTANTIAL UNTENANTABILITY. If either the Premises or the Building is damaged by fire or other casualty but is not rendered substantially untenantable, then Landlord shall diligently proceed to repair and restore the damaged portions thereof, other than the leasehold improvements and personal property installed by or on behalf of Tenant, to substantially the same condition as such existed immediately prior to such fire or casualty, unless such damage occurs during the last twelve (12) months of the Term, in which event Landlord shall have the right to terminate this Lease as of the date of such fire or other casualty by giving written notice to Tenant within thirty (30) days after the date of such fire or other casualty. 19.2.1 Provided, however, in the event Landlord does so determine to terminate this Lease in accordance with the provisions of this Section 19.2, Landlord shall use reasonable efforts to relocate Tenant under this Lease to other space in the Building for the balance of time remaining in the Lease Term hereunder for the Premises. Any such relocation shall be at Tenant's expense, subject to the rights of other tenants in the Building and the relocation space shall be leased to Tenant on the same terms and conditions of this Lease in `AS-IS/WHERE-IS' condition. If Landlord and Tenant do not agree on the space to which the Premises are to be relocated or the timing of such relocation, this Lease shall terminate on the date which is thirty (30) days after Tenant's receipt of the foregoing Landlord's termination notices.

Appears in 2 contracts

Samples: Lease (Williams Communications Group Inc), Lease (Williams Communications Group Inc)

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INSUBSTANTIAL UNTENANTABILITY. If either the Premises or the Building is damaged by fire or other casualty but is not rendered substantially untenantable, then Landlord shall diligently proceed to repair and restore the damaged portions thereof, other than the leasehold improvements and personal property installed by or on behalf of Tenant, to substantially the same condition as such existed immediately prior to such fire or casualty, unless such damage occurs during the last twelve (12) months of the Term, in which event Landlord shall have the right to terminate this Lease as of the date of such fire or other casualty by giving written notice to Tenant within thirty (30) days after the date of such fire or other casualty. 19.2.1 Provided; provided, however, that Tenant shall have the right, by notice to Landlord within ten (10) days after receipt by Tenant of Landlord’s notice of termination, to defer the effective date of any such termination of this Lease for the least of (i) one hundred eighty (180) days after the date of such notice of termination from Landlord, (ii) the period remaining in the event Term, or (iii) such lesser period as is required by Tenant, to allow Tenant time to relocate from the Premises (all of Tenant’s obligations under this Lease to remain in effect during such deferral). Landlord does so determine shall use commercially reasonable efforts to complete the repair and restoration work that it is required to perform not later than the date that is ninety (90) days after the date of the fire or other casualty, unless Landlord has the right under this Section 15.02 to terminate this Lease and does in accordance with the provisions of this Section 19.2, Landlord shall use reasonable efforts to relocate Tenant under this Lease to other space in the Building for the balance of time remaining in the Lease Term hereunder for the Premises. Any such relocation shall be at Tenant's expense, subject to the rights of other tenants in the Building and the relocation space shall be leased to Tenant on the same terms and conditions of this Lease in `AS-IS/WHERE-IS' condition. If Landlord and Tenant fact do not agree on the space to which the Premises are to be relocated or the timing of such relocation, this Lease shall terminate on the date which is thirty (30) days after Tenant's receipt of the foregoing Landlord's termination noticesso.

Appears in 2 contracts

Samples: Deed of Lease (Xenith Bankshares, Inc.), Deed of Lease (Xenith Bankshares, Inc.)

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