Common use of Landlord's Obligation to Rebuild Clause in Contracts

Landlord's Obligation to Rebuild. Subject to the provisions of Sections 12.2, 12.3 and 12.4 below, if, during the Term, the Premises are totally or partially destroyed from any insured casualty, Landlord shall, within ninety (90) days after the destruction, commence to restore the Premises to substantially the same condition as they were in immediately before the destruction and prosecute the same diligently to completion. Such destruction shall not terminate this Lease. Landlord’s obligation shall not include repair or replacement of Tenant’s alterations or Tenant’s equipment, furnishings, fixtures and personal property. If the existing laws do not permit the Premises to be restored to substantially the same condition as they were in immediately before destruction, and Landlord is unable to get a variance to such laws to permit the commencement of restoration of the Premises within the 90-day period, then either party may terminate this Lease by giving written notice to the other party within thirty (30) days after expiration of the 90-day period.

Appears in 3 contracts

Samples: Lease (Cyan Inc), Letter Agreement (Cyan Inc), Lease (Enphase Energy, Inc.)

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Landlord's Obligation to Rebuild. Subject to the provisions of Sections 12.2Paragraphs (b), 12.3 (c) and 12.4 (d) below, if, during the Term, the Premises are totally or partially destroyed from any insured casualtydestroyed, Landlord shall, within ninety forty-five (9045) days after the destruction, commence to restore the Premises to substantially the same condition as they were in immediately before the destruction and prosecute the same diligently to completion. Such destruction shall not terminate this Lease. Landlord’s obligation shall not include repair or replacement of Tenant’s alterations or Tenant’s equipment, furnishings, fixtures and personal property. If the existing laws do not permit the Premises to be restored to substantially the same condition as they were in immediately before destruction, and Landlord is unable to get a variance to such laws to permit the commencement of restoration of the Premises within the 9045-day period, then either party may terminate this Lease by giving written notice to the other party within thirty (30) days after expiration of the 9045-day period.

Appears in 1 contract

Samples: Lease (Eschelon Telecom Inc)

Landlord's Obligation to Rebuild. Subject to the provisions of Sections 12.2, 12.3 and 12.4 below, if, during the Term, the Premises are totally or partially destroyed from any insured casualty, Landlord shall, within ninety (90) days after the destruction, commence to restore the Premises to substantially the same condition as they were in immediately before the destruction and prosecute the same diligently to completion. Such destruction shall not terminate this Lease. Landlord’s 's obligation shall not include repair or replacement of Tenant’s 's alterations or Tenant’s 's equipment, furnishings, fixtures and personal property. If the existing laws do not permit the Premises to be restored to substantially the same condition as they were in immediately before destruction, and Landlord is unable to get a variance to such laws to permit the commencement of restoration of the Premises within the 90-day period, then either party may terminate this Lease by giving written notice to the other party within thirty (30) days after expiration of the 90-day period.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Regan Holding Corp)

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Landlord's Obligation to Rebuild. Subject to the provisions of Sections Section 12.2, Section 12.3 and 12.4 belowSection 12.4, if, during the Term, the Premises are totally or partially destroyed from any insured casualty, Landlord shall, within ninety (90) days after the destructionobtaining all required permits and approvals, commence to restore the Premises to substantially the same condition as they were in immediately before the destruction and prosecute the same diligently to completion. Such destruction shall not terminate this Lease. Landlord’s obligation shall not include repair or replacement of Tenant’s alterations Alterations or Tenant’s equipment, furnishings, fixtures and personal property. If the existing thenexisting laws do not permit the Premises to be restored to substantially the same condition as they were in immediately before destruction, and Landlord is unable to get a variance to such laws to permit the commencement of restoration of the Premises within the 90-day 90day period, then either party may terminate this Lease by giving written notice to the other party within thirty (30) days after expiration of the 90-day 90day period.

Appears in 1 contract

Samples: Gores Metropoulos II, Inc.

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