Common use of LANDLORD'S DUTY TO RESTORE Clause in Contracts

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 3 contracts

Samples: NNN Office Lease (Aridis Pharmaceuticals, Inc.), Office Lease (Monolithic Power Systems Inc), Gross Lease (Alphasmart Inc)

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LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section §11.2 or by Tenant pursuant to Section §11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section §9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section §11.2 or Section §11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section §9.1A(2) shall be used for such purpose.

Appears in 2 contracts

Samples: Lease Agreement, Silicon Motion Technology CORP

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Effective Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(29.1.A(2) shall be used for such purpose.

Appears in 2 contracts

Samples: Sublease Agreement, Lease Agreement

LANDLORD'S DUTY TO RESTORE. If the Premises Leased Premises, the Building or the Outside Area are damaged by any peril after the Effective DateDate of this Lease, Landlord shall restore the Premises unless the Lease is terminated same, as and when required by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3this paragraph. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated then upon Upon receipt of the insurance proceeds (if the loss is covered and any sums payable by insurance) Tenant as provided below, and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Leased Premises, to the extent then allowed by LawBuilding or the Outside Area, as the case may be, to substantially the same condition in which it existed as of the Premises were immediately prior Lease Commencement Date to such damagethe extent then allowed by law. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord. To the extent the insurance proceeds available from insurance actually carried by Landlord as they existed as are less than the cost to restore, Landlord shall be responsible for paying such shortfall (except for insurance policy deductibles and shortfalls in earthquake insurance proceeds, both of which shall in all events be paid by Tenant). Landlord shall have no obligation to restore any alterations, modifications or improvements made by Tenant to the Leased Premises or any of Tenant’s personal property, inventory or trade fixtures. Upon completion of the Commencement Daterestoration by Landlord, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all of Tenant’s Alterations personal property, inventory, trade fixtures and Trade Fixtures installed other improvements constructed by Tenant and existing to like or similar conditions as existed at the time of immediately prior to such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 2 contracts

Samples: Lease (Switch & Data, Inc.), Lease (Switch & Data, Inc.)

LANDLORD'S DUTY TO RESTORE. If the Premises Improvements are damaged by any peril after the Effective DateCommencement Date of this Lease, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 Paragraph 16(b) or by Tenant pursuant to Section 11.3Paragraph 16(c). All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 Paragraph 10(c) shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 Paragraphs 16(b) or Section 11.316(c), then all insurance proceeds available from the insurance required to be carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or the termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises Buildings and interior improvements Tenant Improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures trade fixtures and/or personal property and/or alterations constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures trade fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 2 contracts

Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril -------------------------- after the Effective DateDate of this Lease, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section paragraph 11.2 or by Tenant pursuant to Section paragraph 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section paragraph 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section paragraphs 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements Improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s AlterationsLeasehold Improvements, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures Leasehold Improvements installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received to the extent required by Tenant from for its business operations in the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purposePremises.

Appears in 2 contracts

Samples: Improvement Agreement (Objective Systems Integrators Inc), Improvement Agreement (Objective Systems Integrators Inc)

LANDLORD'S DUTY TO RESTORE. If Except as set forth above, if the Leased Premises are damaged by any peril after the Effective DateCommencement Date of this Lease, Landlord shall restore the Leased Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3this Article. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 Article 9 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, this Article then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or the termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Leased Premises, to the extent then allowed by Law, to substantially the same condition in which the Leased Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Leased Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s AlterationsLeasehold Improvements, Trade Fixtures Fixtures, and/or personal property constructed or installed by Tenant in the Leased Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations Leasehold Improvements and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 2 contracts

Samples: Lease Agreement (Knightscope, Inc.), Lease Agreement (Knightscope, Inc.)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises Premises, as and when required by this Article 10, unless the this Lease is terminated by Landlord pursuant to Section 11.2 10.2 or by Tenant pursuant to Section 11.310.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 10.2 or Section 11.310.3, then all insurance proceeds available from insurance carried by Tenant which covers cover loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord, and the remainder of such proceeds shall be paid to and become the property of Tenant. If this Lease is not terminated pursuant to either Section 10.2 or 10.3, all insurance proceeds available from insurance carried by Tenant which cover loss to property that is Landlord's property shall be paid to and become the property of Landlord, and all proceeds available which cover loss to property which would become the property of Landlord upon the termination of this Lease shall be paid to and remain the property of Tenant. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement DateDate (however, excluding to the extent that any improvements or alterations to the Premises are constructed by Landlord after the Commencement Date at Landlord's expense, then Landlord shall be responsible for the restoration of such improvements and alterations also). Landlord shall have no obligation to restore any of Tenant’s Alterations's personal property, Trade Fixtures and/or personal property constructed inventory or installed trade fixtures. Upon completion of the restoration by Landlord, Tenant in the Premises. Tenant shall may forthwith replace or fully repair all of Tenant’s Alterations 's personal property, inventory and Trade Fixtures installed by Tenant and existing trade fixtures to like or similar condition as existed at the time of such damage or destructiondestruction and Tenant may, and all insurance proceeds received by Tenant from if it so elects, restore any improvements or alterations performed after the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purposeCommencement Date at Tenant's expense.

Appears in 2 contracts

Samples: Lease (Quantenna Communications Inc), Lease (Quantenna Communications Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried earned by it pursuant to Section 9.1A(29.1 A(2) shall be used for such purpose.

Appears in 2 contracts

Samples: Office Lease (Arteris, Inc.), Office Lease (Arteris, Inc.)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 2 contracts

Samples: Acceptance Agreement (Miramar Labs, Inc.), Acceptance Agreement (Miramar Labs, Inc.)

LANDLORD'S DUTY TO RESTORE. If the Leased Premises are damaged by any peril Peril (as hereinafter defined) after the Effective DateDate of this Lease, Landlord shall restore the Leased Premises unless the Lease is terminated by Landlord pursuant to Section section 11.2 of this Lease or by Tenant pursuant to Section 11.3section 11.3 of this Lease. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 section 9.3 of this Lease shall be paid to to, and become the property of of, Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all All insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to to, and become the property of of, Landlord. If this Lease is not so terminated then terminated, then, upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, Leased Premises to the extent then allowed by Law, to substantially the same condition in which the Leased Premises were existed immediately prior to such damage. Landlord’s obligation to restore the Leased Premises shall be limited to the Leased Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s AlterationsLeasehold Improvements, Trade Fixtures and/or personal property constructed or installed by Tenant in the Leased Premises. Tenant shall may forthwith replace or fully repair all Tenant’s Alterations Leasehold Improvements and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction. Notwithstanding the above, and all insurance proceeds received by Tenant agrees to promptly (within 48 hours) notify Landlord in writing of any damage to the Premises resulting from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purposefire, flood, earthquake, vandalism, or any other identifiable event of a sudden, unexpected or unusual nature (“Peril”).

Appears in 2 contracts

Samples: Acceptance Agreement (Nevro Corp), Acceptance Agreement (Nevro Corp)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Dateimprovements, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all the Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received subject to any changes or additions to such Tenant’s Alterations that are (i) requested by Tenant from the insurance carried and approved by it pursuant to Section 9.1A(2Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, or (ii) shall be used for such purposerequired by applicable Law.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Intevac Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith may replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purposepurpose if Tenant elects to so repair.

Appears in 1 contract

Samples: Building Lease Agreement (Drexler Technology Corp)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Lease (Vnus Medical Technologies Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and Premises, interior improvements constructed by Landlord as they existed as of the Commencement DateDate and the initial Tenant Improvements, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises, but only to the extent such initial Tenant Improvements are permanently affixed and attached to the Premises and owned by Landlord under the terms of this Lease. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Acceptance Agreement (Electroglas Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises (including the improvements to be constructed by Landlord pursuant to 2.3) unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Lease (Terayon Communication Systems)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is LandlordTenant’s property or would become Landlord’s property on expiration or termination of this Lease Alterations shall be paid to Tenant and become the property of Tenant shall promptly remit such proceeds to Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Acceptance Agreement (Barracuda Networks Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 P.11.2 or by Tenant pursuant to Section 11.3. P.11.3 All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 P.9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 P.11.2 or Section 11.3P.11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary unnecessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, Date excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2P.9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Interior Improvement Agreement (Cylink Corp /Ca/)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Lease (Concentric Medical Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section Paragraph 11.2 or by Tenant pursuant to Section Paragraph 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section Paragraph 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section Paragraph 11.2 or Section Paragraph 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section Paragraph 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Lease (Quickturn Design Systems Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril -------------------------- after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section Paragraph 11.2 or by Tenant pursuant to Section Paragraph 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section Paragraph 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section Paragraph 11.2 or Section Paragraph 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, . Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and land existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section Paragraph 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Acceptance Agreement (Quicklogic Corporation)

LANDLORD'S DUTY TO RESTORE. If the Leased Premises or Building, including the parking space, are damaged by any peril after the Effective DateDate of this Lease, Landlord shall restore the Leased Premises as well as the parking space unless the Lease is terminated by Landlord pursuant to Section paragraph 11.2 or by Tenant pursuant to Section paragraph 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section paragraph 9.2 shall be paid to and become the property of Landlord. If this Lease lease is terminated pursuant to either Section paragraph 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s property Landxxxx'x xroperty on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) insurance and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Leased Premises, to the extent then allowed by Law, to substantially the same condition in which the Leased Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Leased Premises and interior improvements constructed by Landlord as they existed as of the Rent Commencement Date, excluding any Tenant’s AlterationsLeasehold Improvements, Trade Fixtures and/or personal property constructed or installed by Tenant in the leased Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations Leasehold Improvements and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Bam Entertainment Inc

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section PARA 11.2 or by Tenant pursuant to Section PARA 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section PARA 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section PARA 11.2 or Section PARA 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. ; provided, however, that Landlord’s 's restoration obligation is limited to the extent of the applicable insurance proceeds it receives, Landlord's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Acceptance Agreement (Bookham, Inc.)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective DateCommencement Date of this Lease, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 Paragraph 16.B or by Tenant pursuant to Section 11.3. Paragraph 16.C. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease Paragraph 8.C shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition (together with any building code or other legally required modifications or updates) in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Datedate of Landlord's completion of the improvements described in the Work Letter (together with any building code or other legally required modifications or updates), excluding any Tenant’s Alterations, Trade Fixtures trade fixtures and/or personal property and/or alterations constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures trade fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Mips Technologies Inc

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall may forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall may be used for such purpose.

Appears in 1 contract

Samples: Acceptance Agreement (Nassda Corp)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section P. 11.2 or by Tenant pursuant to Section P. 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section P. 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section P. 11.2 or Section P. 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section P. 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: All American Semiconductor Inc

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the this Lease is terminated by Landlord pursuant to Section §11.2 or by Tenant pursuant to Section §11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section §9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section §11.2 or Section §11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section §9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Tenant Improvement Agreement (ALPHA & OMEGA SEMICONDUCTOR LTD)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. If Landlord is not able to commence restoration of the Premises by 120 days following the date of destruction, either because of a failure to receive insurance proceeds or necessary permits, Tenant shall have the right to terminate this Lease in accordance with the provisions of 11.3. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully be responsible for any necessary repair all of Tenant’s Alterations and and/or Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purposeTenant.

Appears in 1 contract

Samples: Acceptance Agreement (Omnicell Inc /Ca/)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Commencement Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 10.2 or by Tenant pursuant to Section 11.310.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord Tenant pursuant to Section 9.2 8.1 (excluding, however, any proceeds paid with respect to any Alterations installed and paid for by Tenant and Tenant's personal property and trade fixtures shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 10.2 or Section 11.310.3, then all insurance proceeds available from insurance carried by Tenant Tenant, including pursuant to Section 8.1 and any other insurance which covers loss to property that is Landlord’s property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements Improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures trade fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall shall, at its discretion, forthwith replace or fully repair all Tenant’s Alterations 's Alterations, trade fixtures and Trade Fixtures personal property installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Handspring Inc

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless Landlord terminates the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Acceptance Agreement (Flonetwork Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(29.1(a)(ii) shall be used for such purpose.

Appears in 1 contract

Samples: Lease (COUPONS.com Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 ¶11.2 or by Tenant pursuant to Section 11.3¶11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 ¶9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 ¶11.2 or Section 11.3¶11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall shall, if practical, forthwith replace or fully repair substantially all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all the insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2¶9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Acceptance Agreement (Sirf Technology Holdings Inc)

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LANDLORD'S DUTY TO RESTORE. If the Premises Leased Premises, the Building or the Outside Areas are damaged by any peril after the Effective DateDate of this Lease, Landlord shall restore the Premises same, as and when required by this Paragraph, unless the this Lease is terminated by Landlord pursuant to Section 11.2 Paragraph 10.3 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of LandlordParagraph 10.4. If this Lease is not so terminated terminated, then upon receipt availability of the insurance proceeds to Landlord (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Leased Premises, the Building or the Outside Areas, as the case may be, to the extent then allowed by Law, to substantially the same condition in which it existed as of the Premises were immediately prior to such damageLease Commencement Date. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord. Landlord as they existed as shall have no obligation to restore any Improvements made by Tenant to the Leased Premises or any of Tenant's personal property, inventory or trade fixtures. Upon completion of the Commencement Daterestoration by Landlord, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all of Tenant’s Alterations 's personal property, inventory, trade fixtures and Trade Fixtures installed other improvements constructed by Tenant and existing to like or similar condition as existed at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Acceptance Agreement (Upgrade International Corp /Fl/)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section §11.2 or by Tenant pursuant to Section §11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section §9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section §11.2 or Section §11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section §9.1A(2) shall be used for such purpose.. 11.2

Appears in 1 contract

Samples: Lease (Proxim Wireless Corp)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by -------------------------- any peril after the Effective DateCommencement Date of this Lease, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 Paragraph 16.B or by Tenant pursuant to Section 11.3. Paragraph 16.C. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 Paragraph 8.C shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 Paragraphs 16.B or Section 11.316.C, then all insurance proceeds available from the insurance required to be carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or the termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures trade fixtures and/or personal property and/or alterations constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures trade fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Lease Agreement (Cybersource Corp)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section Paragraph 11.2 or by Tenant pursuant to Section Paragraph 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section Paragraph 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section Paragraph 11.2 or Section Paragraph 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section Paragraph 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Caliper Technologies Corp

LANDLORD'S DUTY TO RESTORE. If Except as set forth above, if the Leased Premises are damaged by any peril after the Effective DateCommencement Date of this Lease, Landlord shall restore the Leased Premises unless the Lease is terminated by either Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3this Article. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 Article 9 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, this Article then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or the termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Leased Premises, to the extent then allowed by Law, to substantially the same condition in which the Leased Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Leased Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s AlterationsLeasehold Improvements, Trade Fixtures Fixtures, and/or personal property constructed or installed by Tenant in the Leased Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations Leasehold Improvements and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Lease Agreement (Spectrum Pharmaceuticals Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 paragraph11.2 or by Tenant pursuant to Section 11.3paragraph11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 paragraph9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 paragraph11.2 or Section 11.3paragraph11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage; provided, however, that Landlord's restoration obligation is limited to the extent of the applicable insurance proceeds it receives. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Lease (New Focus Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises Leased Premises, the Building or the Outside Areas are damaged by any peril after the Effective DateDate of this Lease, Landlord shall restore the Premises same, as and when required by this Article, unless the this Lease is terminated by Landlord pursuant to Section 11.2 Article 10.3 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of LandlordArticle 10.4. If this Lease is not so terminated terminated, then upon receipt availability, of the insurance proceeds to landlord (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord landlord shall commence and diligently prosecute to completion the restoration of the Leased Premises, the Building or the Outside Areas, as the case may be, to the extent then allowed by Law, to substantially the same condition in which it existed as of the Premises were immediately prior to such damageLease Commencement Date. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord. Landlord shall have no obligation to restore any improvements made by Tenant to the Leased Premises or any of Tenant's personal property, inventory or trade fixtures except as they existed as caused by Landlord's negligence or willful misconduct. Upon completion of the Commencement Daterestoration by Landlord, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair substantially all of Tenant’s Alterations 's personal property, inventory, trade fixtures and Trade Fixtures installed other improvements constructed by Tenant and existing to like or similar condition as existed at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Industrial Space Lease (Gatefield Corp)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril -------------------------- after the Effective DateDate of this Lease, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section Sections 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall use commercially reasonable efforts commensurate with local industry standards to commence and diligently prosecute to completion complete the restoration of the Premises, to the extent then allowed by Law, Premises to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be further limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s AlterationsLeasehold Improvements, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. If this Lease is not terminated pursuant to Section 11.2 or 11.3, then Tenant shall forthwith replace or fully commence and thereafter prosecute to completion the replacement and repair of all Tenant’s Alterations Leasehold Improvements and Trade Fixtures installed by Tenant and Fixtures, if any, existing at the time of such damage or destruction, and which were to have been surrendered to Landlord hereunder; and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) 9.1.1.3 shall be used for such purpose.

Appears in 1 contract

Samples: Lease Agreement (Pixtech Inc /De/)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section paragraph 11.2 or by Tenant pursuant to Section paragraph 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section paragraph 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section paragraph 11.2 or Section paragraph 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section paragraph 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Synaptics Inc

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section PARA 11.2 or by Tenant pursuant to Section PARA 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section PARA 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section PARA 11.2 or Section PARA 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section PARA 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Acceptance Agreement (Oplink Communications Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril -------------------------- after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by LawXxx, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and end Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Office Lease (Netflix Com Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section §11.2 or by Tenant pursuant to Section §11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section §9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section §11.2 or Section §11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or which Tenant would become Landlord’s property on not be permitted to remove prior to the expiration or earlier termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Genesis Microchip Inc /De

LANDLORD'S DUTY TO RESTORE. If the Premises premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 (P)11.2 or by Tenant pursuant to Section 11.3(P)11.3. All all insurance proceeds available from the fire fire, and property damage insurance carried by Landlord pursuant to Section 9.2 (P)9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 (P)11.2, or Section 11.3(P)11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2(P)9.1A(2) shall be used sued for such purpose.

Appears in 1 contract

Samples: Sublease Agreement (Tivo Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. If this Lease is not terminated pursuant to Section 11.2 or 11.3 below, Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: By and Between (American Science & Engineering Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 ¶11.2 or by Tenant pursuant to Section 11.3¶11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 ¶9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 ¶11.2 or Section 11.3¶11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to the property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2¶9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Sublease Agreement (Meru Networks Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 or by Tenant pursuant to Section 11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 or Section 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by LawXxx, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2) 9.1.1.2 shall be used for such purpose.

Appears in 1 contract

Samples: Industrial Space Lease (Neophotonics Corp)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 ¶11.2 or by Tenant pursuant to Section 11.3¶11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 ¶9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 ¶11.2 or Section 11.3¶11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2¶9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Tenant Improvement Agreement (Hearme)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril -------------------------- after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 (P)11.2 or by Tenant pursuant to Section 11.3(P)11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 (P)9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 (P)11.2 or Section 11.3(P)11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall shall, if practical, forthwith replace or fully repair substantially all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all the insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2(P)9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Acceptance Agreement (Sirf Technology Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section 11.2 ¶11.2 or by Tenant pursuant to Section 11.3¶11.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 ¶9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 ¶11.2 or Section 11.3¶11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, unless otherwise agreed in writing between Tenant and Landlord, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(2¶9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Lease (Tegal Corp /De/)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Date, Landlord shall restore the Premises unless the Lease is terminated by Landlord pursuant to Section P. 11.2 or by Tenant pursuant to Section 11.3toP. 11.3 or P. 2,4. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section P. 9.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section P. 11.2 or Section P. 11.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s 's property or would become Landlord’s 's property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s 's obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s 's Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s 's Alterations and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section P. 9.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Lease (Clarify Inc)

LANDLORD'S DUTY TO RESTORE. If the Premises are damaged by any peril after the Effective Commencement Date, Landlord shall restore the Premises unless the this Lease is terminated by Landlord pursuant to Section 11.2 12.2 or by Tenant pursuant to Section 11.312.3. All insurance proceeds available from the fire and property damage insurance carried by Landlord pursuant to Section 9.2 10.2 shall be paid to and become the property of Landlord. If this Lease is terminated pursuant to either Section 11.2 12.2 or Section 11.312.3, then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on expiration or termination of this Lease shall be paid to and become the property of Landlord. If this Lease is not so terminated terminated, then upon receipt of the insurance proceeds (if the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to completion the restoration of the Premises, to the extent then allowed by Law, to substantially the same condition in which the Premises were immediately prior to such damage. Landlord’s obligation to restore shall be limited to the Premises and interior improvements constructed by Landlord as they existed as of the Commencement Date, excluding any Tenant’s Alterations, Trade Fixtures and/or personal property constructed or installed by Tenant in the Premises. Tenant shall forthwith replace or fully repair all Tenant’s Alterations (including, without limitation, Tenant’s Work) and Trade Fixtures installed by Tenant and existing at the time of such damage or destruction, and all insurance proceeds received by Tenant from the insurance carried by it pursuant to Section 9.1A(210.1A(2) shall be used for such purpose.

Appears in 1 contract

Samples: Lease (Jive Software, Inc.)

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