Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances: (a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty; (b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs; (c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or (d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 4 contracts
Samples: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
Landlord’s Right to Terminate. Landlord may elect to terminate this ----------------------------- Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 3 contracts
Samples: Lease Agreement (Talk City Inc), Lease Agreement (Trintech Group PLC), Lease Agreement (Trintech Group PLC)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 3 contracts
Samples: Lease Agreement (Clean Energy Fuels Corp.), Office Lease Agreement (Dean & Deluca Inc), Lease Agreement (FSP 50 South Tenth Street Corp)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year nine (9) months of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or ariseanise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 2 contracts
Samples: Lease Agreement (BioElectronics Corp), Lease Agreement (BioElectronics Corp)
Landlord’s Right to Terminate. Landlord may elect to terminate this ----------------------------- Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment judgement of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds (with the addition of any deductible amount) are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give notify Tenant notice in writing of that fact as soon as reasonably practicable, but in all events within one hundred and twenty (120) days after the date of the casualty, specifying casualty and in such notice Landlord shall also advise Tenant whether Landlord elects has elected to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Leaseabove.
Appears in 2 contracts
Samples: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five twenty percent (2520%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term or if upon completion of repair and restoration, there would be less than one (1) year remaining in the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time lime required to complete Landlord’s repair obligations under this Lease.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, If in the Landlord’s reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, If adequate insurance proceeds are not, not for any reason, including the casualty not being a casualty for which Landlord is required to maintain insurance pursuant to Section 11.2 or a decision made by any Mortgagee (as defined in Section 20.2), made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at in Landlord’s sole optionand absolute discretion) to make cover the entire cost of the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year two (2) years of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty ninety (12090) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease. If Landlord elects to terminate this Lease, the Lease shall terminate fifteen (15) days after the date Tenant receives notice of Landlord’s election.
Appears in 1 contract
Samples: Lease Agreement (eHealth, Inc.)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one hundred eighty (1180) year days from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty thirty (12030) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Ryland Group Inc)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property Building cannot be substantially repaired and restored under applicable Laws within one nine (19) year months from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five twenty percent (2520%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term or if upon completion of repair and restoration there would be less than one (1) year remaining in the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (ArcSight Inc)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property Building cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five fifteen percent (2515%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term, and the repairs and restoration would either (i) take longer than ninety (90) days to complete following the date of the fire or other casualty, or (ii) would not be completed at least ninety (90) days prior to the expiration of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full frill replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Murdock Group Career Satisfaction Corp)
Landlord’s Right to Terminate. Landlord may elect to terminate this ----------------------------- Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reasonreason (except for Landlord's failure to maintain the insurance coverage required to be maintained by Landlord under this Lease), made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (asubparagraphs(a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Samples: Sublease (Clarent Corp/Ca)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s Landlords funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give notify Tenant notice in writing of that fact within one hundred and twenty (120) days after the date of the casualty, specifying casualty and in such notice Landlord shall also advice Tenant whether Landlord elects has elected to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Leaseabove.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
: (ai) Ifif, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
; (bii) Ifif, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s Tenant's Required Insurance or Xxxxxxxx's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
; (ciii) If if the Building Premises is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building Premises would exceed twenty-five fifty percent (2550%) of the full replacement cost of the Building, whether Premises; or not the Premises are at all damaged or destroyed; or
(div) If if the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 above occur or arise, Landlord shall give notify Tenant notice in writing of that fact within one hundred and twenty (120) days after the date of the casualty, specifying casualty and in such notice Landlord shall also advise Tenant whether Landlord elects Xxxxxxxx has elected to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Leaseabove.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Project Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property Project cannot be substantially repaired and restored under applicable Laws within one hundred eighty (1180) year days from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole optionand absolute discretion) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twentythirty-five three and 33/100ths percent (2533.33%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any In the event of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arisea casualty, Landlord shall give Tenant notice within one hundred and twenty sixty (12060) days after the date of the casualtythereof, specifying which notice shall specify whether Landlord elects to terminate this Lease as provided in Sections 11.2(a) through 11.2(d) above andor, if notLandlord does not so elect to terminate this Lease, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Yelp Inc)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property Building cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five fifteen percent (2515%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term or if upon completion of repair and restoration there would be less than one (1) year remaining in the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this ----------------------------- Lease following damage by fire or other Other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, . Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage to the Premises and/or the Project by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property Project cannot be substantially repaired and restored under applicable Laws within one hundred eighty (1180) year days from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building or the Project is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building or the Project would exceed twenty-five percent (25%) of the full replacement cost of the BuildingBuilding or the Project, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty ninety (12090) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Tercica Inc)
Landlord’s Right to Terminate. Landlord may elect to terminate this Project Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property Project cannot be substantially repaired and restored under applicable Laws within one hundred eighty (1180) year days from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole optionand absolute discretion) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twentythirty-five three and 33/100ths percent (2533.33%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any In the event of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arisea casualty, Landlord shall give Tenant notice within one hundred and twenty sixty (12060) days after the date of the casualtythereof, specifying which notice shall specify whether Landlord elects to terminate this Lease as provided in Sections 11.2(a) through 11.2(d) above andor, if notLandlord does not so elect to terminate this Lease, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Yelp! Inc)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one two hundred ten (1210) year days from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the a fire or other casualty occurs during the last year of the TermTerm (as may have been extended if Tenant has exercised any option to extend the Term of this Lease). If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give notify Tenant notice in writing of that fact within one hundred and twenty thirty (12030) days after the date of the casualty, specifying casualty and in such notice Landlord shall also advise Tenant whether Landlord elects has elected to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Leaseabove.
Appears in 1 contract
Samples: Lease Agreement (Riddell Sports Inc)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one six (16) year months from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;; or
(c) If the Building or Project is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building or Project would exceed twenty-five percent (25%) of the full replacement cost of the BuildingBuilding or Project, respectively, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), or (c) or (d) of this Section 12.2 occur or arise, Landlord shall give notify Tenant notice in writing of that fact within one hundred and twenty ninety (12090) days after the date of the casualty, specifying casualty and in such notice Landlord shall also advise Tenant whether Landlord elects has elected to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Leaseabove.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property (exclusive of Tenant Improvements) cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five fifty percent (2550%) of the full replacement cost of the BuildingBuilding (exclusive of Tenant Improvements), whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term, and the repairs and restoration would either (i) take longer than sixty (60) days to complete, or (ii) would not be completed at least sixty (60) days prior to the expiration of the Term (and in either case the Term of the Lease has not been extended by Tenant exercising the Extension Option contained in Section 39 of the Lease). If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Perclose Inc)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property Properly (exclusive of Tenant Improvements) cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five fifty percent (2550%) of the full replacement cost of the BuildingBuilding (exclusive of Tenant Improvements), whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term, and the repairs and restoration would either (i) take longer than sixty (60) days to complete, or (ii) would not be completed at least sixty (60) days prior to the expiration of the Term (and in either case the Term of the Lease has not been extended by Tenant exercising the Extension Option contained in Section 39 of the Lease). If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs subsections (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give notify Tenant notice in writing of that fact within one hundred and twenty ninety (12090) days after the date of the casualty, specifying casualty and in such notice Landlord shall also advise Tenant whether Landlord elects has elected to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Leaseabove.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property Building cannot be substantially repaired and restored under applicable Applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyedProperty; or
(d) If the fire or other casualty occurs during the last year of the TermTerm (including any extension thereof), provided that the cost to repair and restore the Building would exceed five percent (5%) of the full replacement cost of the Building. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty sixty (12060) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate ----------------------------- this Lease following damage by fire or other casualty Lease, effective as of the date of the casualty, under the following circumstances:
(a) IfWhere, in the reasonable judgment judgement of Landlord, the Premises and the Property damage cannot be substantially repaired and restored under applicable Laws laws and governmental regulations within one nine (19) year months from the date of the casualty;
(b) IfWhere, in the reasonable judgment Judgement of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;; or
(c) If Where the Building Property is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, that the cost to repair and restore the Building would exceed twenty-five Property exceeds fifty percent (2550%) of the full replacement cost of the BuildingProperty, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (dC) of this Section 12.2 subsection occur or arise, Landlord shall give must notify Tenant notice in writing of that fact within one hundred and twenty (120) days after the date of the casualty, specifying casualty and in such notice Landlord must also advise Tenant whether Landlord elects has elected to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Leasedate of casualty.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property Project cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five ten percent (2510%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term or if the repair and restoration would take more than six (6) months, and upon completion, there would be less than twelve (12) months remaining in the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Hemacare Corp /Ca/)
Landlord’s Right to Terminate. Landlord may elect to terminate this ----------------------------- Lease following damage by fire or other casualty under the following circumstancescircumstances :
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs subsections (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this ----------------------------- Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one two hundred seventy (1270) year days from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reasonreason (other than Landlord's failure to maintain the insurance coverage required to be maintained by Landlord on the Buildings under Section 11.2 of this Lease), made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Natus Medical Inc)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property Building cannot be substantially repaired and restored under applicable Laws within one eighteen (118) year months from the date start of construction, excluding any construction performed to clean up the casualtyBuilding and place it in a safe condition pending commencement of restoration work;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reasonreason other than Landlord's failure to maintain the insurance required by Section 10.2, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five fifty percent (2550%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or;
(d) If the fire or other casualty occurs during the last year two years of the TermTerm and Tenant does not exercise its right, if any, to extend the Term within 60 days after the casualty; or
(e) If the damage occurs after December 31, 2011 and also affects other portions of the project, and if the owner(s) of such portion(s) of the project elect not to restore such portion(s). If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 11.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty ninety (12090) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reasonreason (other than Landlord's failure to maintain the insurance required hereunder), made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty casualty, occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (2525 %) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the die last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give notify Tenant notice in writing of that fact within one hundred and twenty (120) days after the date of the casualty, specifying casualty and in such notice Landlord shall also advise Tenant whether Landlord elects has elected to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Leaseabove.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty Lease, effective as of the date of the casualty, under the following circumstances:
(a) IfWhere, in the reasonable judgment of Landlord, the Premises and the Property damage cannot be substantially repaired and restored under applicable Laws laws and governmental regulations within one (1) year from the date of the casualty;
(b) IfWhere, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;; or,
(c) If Where the Building Property is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, that the cost to repair and restore the Building would exceed Property exceeds twenty-five percent (25%) of the full replacement cost of the BuildingProperty, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), ) or (c) or (d) of this Section 12.2 subsection occur or arise, Landlord shall give must notify Tenant notice in writing of that fact within one hundred and twenty (120) days after the date of the casualty, specifying casualty and in such notice Landlord must also advise Tenant whether Landlord elects has elected to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Leasedate of the casualty.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property Project cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building Project is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building Project would exceed twenty-five forty percent (2540%) of the full replacement cost of the BuildingProject, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Inktomi Corp)
Landlord’s Right to Terminate. Landlord may elect to terminate this ----------------------------- Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give notify Tenant notice in writing of that fact within one hundred and twenty (120) days after the date of the casualty, specifying casualty and in such notice Landlord shall also advise Tenant whether Landlord elects has elected to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Leaseabove.
Appears in 1 contract
Samples: Lease Agreement (Asi Solutions Inc)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Samples: Office Lease Agreement
Landlord’s Right to Terminate. Landlord may elect to terminate this ----------------------------- Lease following damage by fire or other casualty under the following circumstances:
(aA) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(bB) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reasonreason (except for Landlord's failure to maintain the insurance coverage required to be maintained by Landlord under this Lease), made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(cC) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(dD) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Clarent Corp/Ca)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (ce) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Americom Usa Inc)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one ninety (190) year days from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty (120) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one nine (19) year months from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five fifteen percent (2515%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term or if upon completion of repair and restoration, there would be less than one (1) year remaining in the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty ninety (12090) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Inpixon)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one two hundred forty (1240) year days from the date of the casualtyLandlord obtains all permits and approvals to commence restoration;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord (so long as Landlord has maintained the insurance coverage expressly required by this Lease) from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term or if upon completion of repair and restoration there would be less than two hundred seventy (270) days remaining in the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty ninety (12090) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds (with the addition of any deductible amount) are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-twenty five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give notify Tenant notice in writing of that fact as soon as reasonably practicable, but in all events within one hundred and twenty (120) days after the date of the casualty, specifying casualty and in such notice Landlord shall also advise Tenant whether Landlord elects has elected to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Leaseabove.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s Landlords funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give notify Tenant notice in writing of that fact within one hundred and twenty (120) days after the date of the casualty, specifying casualty and in such notice Landlord shall also advise Tenant whether Landlord elects has elected to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Leaseabove.
Appears in 1 contract
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within one nine (19) year months from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s 's insurance policies (and/or from Landlord’s 's funds made available for such purpose, at Landlord’s 's sole option) to make the required repairs;
(c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed twenty-five percent (25%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty ninety (12090) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s 's estimate of the time required to complete Landlord’s 's repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Imall Inc)
Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage to the Premises and/or the Project by fire or other casualty under the following circumstances:
(a) If, in the reasonable judgment of Landlord, the Premises and the Property Project cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty;
(b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option) to make the required repairs;
(c) If the Building or the Project is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building or the Project would exceed twenty-five percent (25%) of the full replacement cost of the BuildingBuilding or the Project, whether or not the Premises are at all damaged or destroyed; or
(d) If the fire or other casualty occurs during the last year of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice within one hundred and twenty sixty (12060) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Taleo Corp)