Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations. (b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 6 contracts
Samples: Lease Agreement (Trintech Group PLC), Lease Agreement (Mediaplex Inc), Lease Agreement (Trintech Group PLC)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property Project from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to TerminateParagraphs 13.2 or 13.3, Landlord shall, at its expense, use its commercially reasonable efforts to repair and restore the Premises and/or the Propertyaccess thereto, as the case may be, to substantially their former condition to the extent permitted by the then applicable Lawscodes, laws and regulations; provided, however, that in no event Tenant rather than Landlord shall Landlord have any obligation for be obligated at Tenant’s expense to repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of replace Tenant's ’s personal property, Trade Fixtures trade fixtures and any items or Alterations.
(b) improvements that are required to be covered by Tenant’s insurance under Paragraph 12.1(b). If Landlord is required or elects to repair damage to the Premises and/or the Propertyaccess thereto, this Lease shall continue in effect, effect but Tenant's ’s Base Rent and Additional Rent Operating Cost Payments from the date of the casualty through the date of substantial completion of the repair shall be abated with regard to any by a proportionate amount based on the portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from repair; provided, however, that if the date casualty is the result of the casualty until substantial completion willful misconduct or negligence of Landlord's repair of the affected portion of the Premises as required under this LeaseTenant or Tenant’s Representatives, there will be no such rental abatement. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated Project made necessary by such casualty.
Appears in 4 contracts
Samples: Building Lease (Five9, Inc.), Building Lease (Five9, Inc.), Building Lease (Five9, Inc.)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate LANDLORD'S RIGHT TO TERMINATE and 12.3 - Tenant's Right to TerminateTENANT'S RIGHT TO TERMINATE, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 3 contracts
Samples: Office Lease Agreement, Lease Agreement (Talk City Inc), Office Lease Agreement (Dean & Deluca Inc)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restorationrestoration (plus any deductible amount), or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but . Tenant's Base Rent and Additional Rent from the date of the casualty through the date of substantial completion of the repair (or termination of this Lease pursuant to this Article 12) shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Leaserepair. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 2 contracts
Samples: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - -- Landlord's ’s Right to Terminate and 12.3 - -- Tenant's ’s Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Lawscondition; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's ’s personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's ’s Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its it’s repair from the date of the casualty until substantial completion of Landlord's ’s repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate12.3, Landlord shall, at its expense, shall use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property’s Personal Property, Trade Fixtures or AlterationsAlterations other than the “Office TI Work”, as defined in Exhibit C, attached hereto, which Landlord shall restore after any fire or other casualty.
(b) If Landlord is required all or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that or Common Area should become unsuitable for Tenant’s use as a consequence of fire or other casualty, then Tenant is prevented from using by reason shall be entitled to an equitable abatement of such damage or its repair from all Base Rent, Operating Costs and Expenses payable hereunder to the date extent of the casualty until substantial completion of Landlord's repair of the affected portion interference with Tenant’s use of the Premises as required under this Leaseoccasioned thereby. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Verigy Ltd.)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part pan of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration restoration: (i) beyond the extent of the sum of(x) the insurance proceeds received by Landlord for such repair or restorationrestoration plus (y) $10,000, or (ii) for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Sublease (Clarent Corp/Ca)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent from the date of the casualty through the date of substantial completion of the repair shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Leaserepair. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with TenantXxxxxx's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Asi Solutions Inc)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for Tenant Improvements or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Perclose Inc)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire tire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's ’s Right to Terminate and 12.3 - Tenant's ’s Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for Tenant Improvements or for any of Tenant's ’s personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's ’s Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's ’s repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property Building from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 11.2 - Landlord's Right to Terminate and 12.3 11.3 - Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the PropertyBuilding, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property Project from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to LANDLORD'S RIGHT TO Terminate and 12.3 - Tenant's Right to TerminateTENANT'S RIGHT TO TERMINATE, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the PropertyProject, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the PropertyProject, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property Project necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Inktomi Corp)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's ’s Right to Terminate and 12.3 - Tenant's ’s Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's ’s personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's ’s Base Rent and Additional Rent from the date of the casualty through the date of substantial completion of the repair shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Leaserepair. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part any portion of the Premises are is rendered untenantable or inaccessible by damage to all or any part of the Property Project from fire or other casualty (a “Casualty”), then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate14.2 or 14.3, Landlord shall, at its expense, use its commercially reasonable efforts to repair and restore the Premises and/or the Propertyaccess thereto, as the case may be, to substantially their former condition to the extent permitted by then applicable LawsLegal Requirements (“Restoration”); provided, however, that in no event Tenant, rather than Landlord, shall Landlord have any obligation for be obligated, at Tenant’s expense, to repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of replace Tenant's personal property, Trade Fixtures or Alterations.
(b) ’s Personal Property. If Landlord is required or elects to repair damage perform the Restoration, then, unless Tenant elects to the Premises and/or the Propertyterminate this Lease pursuant to Section 14.3 below, (a) this Lease shall continue in effect, but and (b) Tenant shall promptly assign or otherwise make available to Landlord all proceeds of insurance carried by Tenant with respect to the Tenant's -Insured Suite Improvements. Tenant’s Base Rent and Additional Rent Operating Cost Payments shall be abated with regard to from the date of the Casualty through the date of substantial completion of Landlord’s Restoration (or through any earlier termination of this Lease) by a proportionate amount based on the portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from Restoration; provided, however, that if the date Casualty is the result of the casualty until substantial completion willful misconduct or negligence of Landlord's repair of the affected portion of the Premises as required under this LeaseTenant or Tenant’s Representatives, there will be no such Rent abatement. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's Xxxxxx’s business or property arising from fire or other casualty Casualty or by reason of any repairs Restoration to any part of the Property necessitated Project made necessary by such casualtyCasualty.
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - 12.2- Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Natus Medical Inc)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects elect to terminate this Lease pursuant to Sections 12.2 - 12.1- Landlord's ’s Right to Terminate and 12.3 - 12.3- Tenant's ’s Right to Terminate, . Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by process payable to Landlord for such repair or restoration, or for any of Tenant's ’s personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's ’s Base Rent and Additional Rent from the date of this casualty through the date of substantial completion of the repair shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Leaserepair. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from form fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Sub Sublease Agreement (Enernoc Inc)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate12.3, Landlord shall, at its expense, shall use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's ’s personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the PropertyPremises, this Lease shall continue in effect, but Tenant's ’s Monthly Base Rent and Additional Rent shall be equitably abated with regard to any portion of the Premises that Tenant is prevented from using occupying by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's ’s repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (eHealth, Inc.)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections Paragraphs 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate12.3, Landlord shall, at its expense, use reasonable efforts shall diligently proceed to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's ’s personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the PropertyPremises, this Lease shall continue in effect, but Tenant's ’s Monthly Base Rent and Additional Rent shall be equitably abated with regard based upon the extent to any portion which Tenant’s use of the Premises that Tenant is prevented from using by reason of such damage or its repair diminished from the date of the casualty until substantial completion of Landlord's ’s repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (eHealth, Inc.)
Landlord’s Duty to Repair. (a) If all or a substantial any part of either Building in which the Premises is located are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate LANDLORD'S RIGHT TO TERMINATE and 12.3 - Tenant's Right to TerminateTENANT'S RIGHT TO TERMINATE, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws, provided that any changes to the Premises and/or Property required by then applicable Law do not materially, adversely affect Tenant's use and occupancy of the Premises; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. If this Lease is terminated following any fire or other casualty pursuant to the provision of this Section 12, then Tenant's Base Rent and Additional Rent shall be abated from and after the date of such fire or other casualty. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (3do Co)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property Building or the Project from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate12.3, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the PropertyProject, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restorationrestoration and not required to be paid over to any Mortgagee, or for any of Tenant's ’s personal property, Trade Fixtures or Alterations, or for any Tenant’s Work or other Tenant Improvements except only those constructed and paid for by Landlord in accordance with the Construction Rider.
(b) If Landlord is required or elects to repair damage to the Premises and/or the PropertyProject, this Lease shall continue in effect, but Tenant's ’s Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's ’s repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property Project necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Taleo Corp)
Landlord’s Duty to Repair. (aA) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant-Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration restoration: (i) beyond the extent of the sum of (x) the insurance proceeds received by Landlord for such repair or restorationrestoration plus (y) $ 10,000, or (ii) for any of Tenant's personal property, Trade Fixtures or Alterations.
(bB) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Clarent Corp/Ca)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to t the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Murdock Group Career Satisfaction Corp)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the PropertyProperty and Landlord does not exercise any right of termination provided for herein, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent and other obligations shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty, but the foregoing shall not bar recourse to the proceeds of any insurance carried by Landlord, Tenant or any other party, provided that the foregoing shall not increase the insurance obligations of either party.
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate LANDLORD'S RIGHT TO TERMINATE and 12.3 - Tenant's Right to TerminateTENANT'S RIGHT TO TERMINATE, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration of the Premises and Property beyond the extent of insurance proceeds actually received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or AlterationsAlterations paid for by Tenant, plus the applicable deductible under any insurance policies covering same carried by Landlord.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent from the date of the casualty through the date of substantial completion of the repair shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Leaserepair. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Riddell Sports Inc)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property Project from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to TerminateParagraphs 13.2 or 13.3, Landlord shall, at its expense, use its commercially reasonable efforts to repair and restore the Premises and/or the Propertyaccess thereto, as the case may be, to substantially their former condition to the extent permitted by the then applicable Lawscodes, laws and regulations; provided, however, that in no event Tenant rather than Landlord shall Landlord have any obligation for be obligated at Tenant’s expense to repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's replace Xxxxxx’s personal property, Trade Fixtures trade fixtures and any items or Alterations.
(b) improvements that are required to be covered by Xxxxxx’s insurance under Paragraph 12.1(b). If Landlord is required or elects to repair damage to the Premises and/or the Propertyaccess thereto, this Lease shall continue in effect, effect but Tenant's ’s Base Rent and Additional Rent Operating Cost Payments from the date of the casualty through the date of substantial completion of the repair shall be abated with regard to any by a proportionate amount based on the portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from repair; provided, however, that if the date casualty is the result of the casualty until substantial completion willful misconduct or negligence of Landlord's repair of the affected portion of the Premises as required under this LeaseTenant or Tenant’s Representatives, there will be no such rental abatement. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's Xxxxxx’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated Project made necessary by such casualty.
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate LANDLORD'S RIGHT TO TERMINATE and 12.3 - Tenant's Right to TerminateTENANT'S RIGHT TO TERMINATE, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; providedPROVIDED, howeverHOWEVER, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty. Notwithstanding Tenant's entitlement to rent abatement under the preceding provisions, Tenant shall continue to pay Tenant's then current rent until such time as Landlord and Tenant agree on the amount of the rent abatement. Landlord and Tenant agree to negotiate in good faith with respect to the amount of such abatement; and if Landlord and Tenant are unable to agree on the amount of such abatement within ten (10) Business Days of the date they commence negotiations regarding the abatement, then either party may submit the matter to binding arbitration pursuant to Sections 1280 et seq. of the California Code of Civil Procedure.
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable untenable or inaccessible by damage to all or any part of the Property Project from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to TerminateParagraphs 13.2 or 13.3, Landlord shall, at its expense, use its commercially reasonable efforts to repair and restore the Premises and/or the Propertyaccess thereto, as the case may be, to substantially their former condition to the extent permitted by the then applicable Lawscodes, laws and regulations; provided, however, that in no event Tenant rather than Landlord shall Landlord have any obligation for be obligated at Tenant’s expense to repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of replace Tenant's ’s personal property, Trade Fixtures trade fixtures and any items or Alterations.
(b) improvements that are required to be covered by Tenant’s insurance under Paragraph 12.1(b). If Landlord is required or elects to repair damage to the Premises and/or the Propertyaccess thereto, this Lease shall continue in effect, effect but Tenant's ’s Base Rent and Additional Rent Operating Cost Payments from the date of the casualty through the date of substantial completion of the repair shall be abated with regard to any by a proportionate amount based on the portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from repair; provided, however, that if the date casualty is the result of the casualty until substantial completion willful misconduct or negligence of Landlord's repair of the affected portion of the Premises as required under this LeaseTenant or Tenant’s Representatives, there will be no such rental abatement. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated Project made necessary by such casualty.
Appears in 1 contract
Samples: Building Lease (SteadyMed Ltd.)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - 12.2—Landlord's ’s Right to Terminate and 12.3 - 12.3—Tenant's ’s Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's ’s personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's ’s Base Rent and Additional Rent shall be equitably abated with regard to any portion of the Premises that Tenant extent Tenant’s use is prevented from using diminished by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's ’s repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Infinera Corp)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with TenantXxxxxx's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Americom Usa Inc)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 13.2 - "Landlord's Right to Terminate Terminate" and 12.3 13.3 - "Tenant's Right to Terminate, " Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by the then applicable Lawscodes, laws and regulations; provided, however, that in no event shall Landlord have any obligation for to repair or restoration replace the Suite Improvements beyond the extent of insurance proceeds received by Landlord for such the repair or restoration, restoration thereof or for any of Tenant's personal property, Trade Fixtures fixtures or Alterations.
(b) . Notwithstanding the above, if Landlord, at Tenant's request, has insured Tenant's Alterations as provided in Section 12.2 "Landlord's Insurance", Landlord's obligation to repair or restore shall also include such Alterations, but only to the extent Landlord receives insurance proceeds covering the cost of such repair or restoration. If Landlord is required or elects to repair damage to the Premises and/or the Property, Property this Lease shall continue in effect, effect but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until through the date of substantial completion of Landlord's the repair shall be abated. The amount and period of rental abatement shall be determined by Landlord in the affected portion exercise of the Premises as required under this Leaseits good faith reasonable judgment. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated made necessary by such casualty.
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - -- Landlord's ’s Right to Terminate and 12.3 - -- Tenant's ’s Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Lawscondition; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's ’s personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's ’s Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its it’s repair from the date of the casualty until substantial completion of Landlord's ’s repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.. Tenant Landlord _____ _______
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts and diligently proceed to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restorationrestoration (plus any deductible amount), or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but . Tenant's Base Rent and Additional Rent from the date of the casualty through the date of substantial completion of the repair (or termination of this Lease pursuant to this Article 12) shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Leaserepair. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of (i) insurance proceeds which are actually received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations, plus (ii) deductibles which shall be paid by Tenant upon demand in the event the casualty is caused by the negligent act or omission or willful misconduct of Tenant or Tenant's Agents.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property Project from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to TerminateParagraphs 13.2 or 13.3, Landlord shall, at its expense, use its commercially reasonable efforts to repair and restore the Premises and/or the Propertyaccess thereto, as the case may be, to substantially their former condition to the extent permitted by the then applicable Lawscodes, laws and regulations; provided, however, that in no event Tenant rather than Landlord shall Landlord have any obligation for be obligated at Tenant’s expense to repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's replace Txxxxx’s personal property, Trade Fixtures trade fixtures and any items or Alterations.
(b) improvements that are required to be covered by Txxxxx’s insurance under Paragraph 12.1(b). If Landlord is required or elects to repair damage to the Premises and/or the Propertyaccess thereto, this Lease shall continue in effect, effect but Tenant's ’s Base Rent and Additional Rent Operating Cost Payments from the date of the casualty through the date of substantial completion of the repair shall be abated with regard to any by a proportionate amount based on the portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from repair; provided, however, that if the date casualty is the result of the casualty until substantial completion willful misconduct or negligence of Landlord's repair of the affected portion of the Premises as required under this LeaseTenant or Tenant’s Representatives, there will be no such rental abatement. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's Txxxxx’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated Project made necessary by such casualty.
Appears in 1 contract
Samples: Building Lease (Neonode, Inc)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property Project from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate12.3, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the PropertyProject, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restorationrestoration and not required to be paid over to any Mortgagee, or for any of Tenant's ’s personal property, Trade Fixtures or Alterations, or for any Tenant’s Work or other Tenant Improvements except only those constructed and paid for by Landlord in accordance with the Work Letter. If Landlord is required to repair and restore the Premises and/or the Project pursuant to the terms of this Section 12, Landlord shall use commercially reasonable efforts to diligently and promptly repair and restore such Premises and/or the Project.
(b) If Landlord is required or elects to repair damage to the Premises and/or the PropertyProject, this Lease shall continue in effect, but Tenant's ’s Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's ’s repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property Project necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Tercica Inc)
Landlord’s Duty to Repair. (a) If all or a substantial any part of either Building in which the Premises is located are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws, provided that any changes to the Premises and/or Property required by then applicable Law do not materially, adversely affect Tenant's use and occupancy of the Premises; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. If this Lease is terminated following any fire or other casualty pursuant to the provision of this Section 12, then Tenant's Base Rent and Additional Rent shall be abated from and after the date of such fire or other casualty. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (3do Co)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's ’s Right to Terminate and 12.3 - Tenant's ’s Right to Terminate, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may bemaybe, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's ’s personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the Property, this Lease shall continue in effect, but Tenant's ’s Base Rent and Additional Rent from the date of the casualty through the date of substantial completion of the repair shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Leaserepair. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections Paragraphs 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate12.3, Landlord shall, at its expense, use reasonable efforts shall diligently proceed to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the PropertyPremises, this Lease shall continue in effect, but Tenant's Monthly Base Rent and Additional Rent shall be equitably abated with regard based upon the extent to any portion which Tenant's use of the Premises that Tenant is prevented from using by reason of such damage or its repair diminished from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such casualty.
Appears in 1 contract
Samples: Sublease (eHealth, Inc.)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property Project from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate11.1 or 11.3, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the PropertyProject, as the case may be, to substantially their former the condition as existed upon Landlord’s delivery of the Premises to Tenant to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's ’s personal property, Trade Fixtures Fixtures, Permitted Alterations or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the PropertyProject, this Lease shall continue in effect, but Tenant's ’s Base Rent and Additional Rent shall be abated pro rata with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's ’s repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property Project necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Yelp! Inc)
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty thencasualty, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's ’s Right to Terminate and 12.3 - Tenant's ’s Right to Terminate, and provided there is not then in existence an Event of Default, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the PropertyPrope1ty, as the case may be, to substantially their former the condition of the Premises immediately prior to the Commencement Date to the extent permitted by then applicable Laws; provided, in which event the Lease shall continue in full force and effect. In no event, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's ’s personal property, Trade Fixtures or Alterations. Tenant shall commence the installation of its personal property, Trade Fixtures or Alterations promptly upon delivery to Tenant of possession of the Premises and shall diligently prosecute such installation to completion.
(b) If Landlord is required to or elects to repair damage to the Premises and/or the PropertyProperty as a result of damage or destruction insured or insurable under a Causes of Loss-Special Form policy of property insurance, this Lease shall continue in effect, but Tenant's ’s Base Rent and Additional Rent from the date of the casualty through the date of substantial completion of Landlord’s repairs shall be abated with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Leaserepair. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's ’s business or property arising from fire or other casualty or by reason of any repairs to any part of the Property necessitated by such any casualty.
Appears in 1 contract
Landlord’s Duty to Repair. (a) If all or a substantial part of the Premises are rendered untenantable or inaccessible by damage to all or any part of the Property Project from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 12.2 - Landlord's Right to Terminate and 12.3 - Tenant's Right to Terminate11.1 or 11.3, Landlord shall, at its expense, use reasonable efforts to repair and restore the Premises and/or the PropertyProject, as the case may be, to substantially their former the condition as existed upon Landlord's delivery of the Premises to Tenant to the extent permitted by then applicable Laws; provided, however, that in no event shall Landlord have any obligation for repair or restoration beyond the extent of insurance proceeds received by Landlord for such repair or restoration, or for any of Tenant's personal property, Trade Fixtures Fixtures, Permitted Alterations or Alterations.
(b) If Landlord is required or elects to repair damage to the Premises and/or the PropertyProject, this Lease shall continue in effect, but Tenant's Base Rent and Additional Rent shall be abated pro rata with regard to any portion of the Premises that Tenant is prevented from using by reason of such damage or its repair from the date of the casualty until substantial completion of Landlord's repair of the affected portion of the Premises as required under this Lease. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property Project necessitated by such casualty.
Appears in 1 contract
Samples: Lease Agreement (Yelp Inc)