Common use of Lessor's Repair Obligations Clause in Contracts

Lessor's Repair Obligations. If fire or other casualty shall render the whole or any material part of the Premises untenantable and the Premises cannot reasonably be expected to be made tenantable within two hundred forty (240) days from the date of such event and neither party hereto terminates this Lease pursuant to its rights herein or in the event that more than fifty percent (50%) of the value of the Office Complex is damaged or destroyed by fire or other casualty, and neither party terminates this Lease pursuant to its option granted herein, or in the event that fifty percent (50%) or less of the value of the Office Complex is damaged or destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Lessor shall repair and restore the Premises and the Office Complex to as near their condition prior to the fire or other casualty as is reasonably possible with all due diligence and speed (subject to delays for causes beyond Lessor's reasonable control) and shall be completed within two hundred forty (240) days following the date of such fire or other casualty (subject to force majeure) failing which, Lessee shall be entitled to terminate this Lease in the event that such repairs are not completed within sixty (60) days after written notice from Lessee that Lessee desires to terminate this Lease because such repairs have not been completed within such 240 day period. Rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises which is untenantable). In no event shall Lessor be obligated to repair or restore any special equipment or improvements installed by Lessee at Lessee's expense.

Appears in 2 contracts

Samples: Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc)

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Lessor's Repair Obligations. If fire or other casualty shall render Lessor shall, during the whole or any material part term of this Lease, at Lessor's expense, keep the Premises untenantable common areas, landscaping, parking facilities and the Premises cannot reasonably be expected to be made tenantable within two hundred forty (240) days from the date of such event roof, foundation, slab, floors, exterior walls and neither party hereto terminates this Lease pursuant to its rights herein or in the event that more than fifty percent (50%) of the value load bearing columns and all other structural, mechanical, electrical and plumbing portions of the Office Complex is damaged or destroyed by fire or other casualtyin first class condition and repair and in a neat, clean and healthful manner. All repairs, restorations and replacements shall be performed in good and workmanlike manner and in quality and class equal to the original work and shall comply with all requirements of the Lease. If Lessor fails to perform any of Lessor's obligations under this paragraph, and neither party terminates this Lease pursuant if such failure continues for thirty (30) days after written notice thereof is delivered to its option granted hereinLessor (provided, or that, in the event that fifty of an emergency or situation where damage to person or property is at risk, no notice shall be required), Lessee may perform such obligation, in which event, Lessor shall pay to Lessee the reasonable cost incurred by Lessee in performing such obligation within thirty (30) days after demand therefor (with accompanying paid invoices), failing which Lessee shall be entitled to offset such sums against the Rent becoming due under this Lease, provided any offset shall not exceed twenty percent (5020%) or less of monthly Base Rent until such offset has been fully made. In the value event the expenditure cannot be fully recouped from the next monthly payment of the Office Complex is damaged or destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Lessor shall repair and restore the Premises and the Office Complex to Base Rent as near their condition prior to the fire or other casualty as is reasonably possible with all due diligence and speed (subject to delays for causes beyond Lessor's reasonable control) and shall be completed within two hundred forty (240) days following the date a result of such fire or other casualty (subject to force majeure) failing whichlimitation, Lessee shall be entitled to terminate this Lease recover interest with respect to each subsequent monthly offset from the date of the expenditure to the date of offset at a per annum rate equal to the bank prime rate publicized in the event that such repairs are not completed within sixty (60) days after written notice WALL STREET JOURNAL, as the same may change from Lessee that Lessee desires time to terminate this Lease because such repairs have not been completed within such 240 day period. Rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises which is untenantable). In no event shall Lessor be obligated to repair or restore any special equipment or improvements installed by Lessee at Lessee's expensetime.

Appears in 2 contracts

Samples: Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc)

Lessor's Repair Obligations. If fire or other casualty shall render Lessor shall, during the whole or any material part term of this Lease, at Lessor's expense, keep the Premises untenantable common areas, landscaping, parking facilities and the Premises cannot reasonably be expected to be made tenantable within two hundred forty (240) days from the date of such event roof, foundation, slab, floors, exterior walls and neither party hereto terminates this Lease pursuant to its rights herein or in the event that more than fifty percent (50%) of the value load bearing columns and all other structural, mechanical, electrical and plumbing portions of the Office Complex is damaged or destroyed by fire or other casualtyin first class condition and repair and in a neat, clean and healthful manner. All repairs, restorations and replacements shall be performed in good and workmanlike manner and in quality and class equal to the original work and shall comply with all requirements of the Lease. If Lessor fails to perform any of Lessor's obligations under this paragraph, and neither party terminates this Lease pursuant if such failure continues for thirty (30) days after written notice thereof is delivered to its option granted hereinLessor (provided, or that, in the event that fifty of an emergency or situation where damage to person or property is at risk, no notice shall be required), Lessee may perform such obligation, in which event, Lessor shall pay to Lessee the reasonable cost incurred by Lessee in performing such obligation within thirty (30) days after demand therefor (with accompanying paid invoices), failing,which Lessee shall be entitled to offset such sums against the Rent becoming due under this Lease, provided any offset shall not exceed twenty percent (5020%) or less of monthly Base Rent until such offset has been fully made. In the value event the expenditure cannot be fully recouped from the next monthly payment of the Office Complex is damaged or destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Lessor shall repair and restore the Premises and the Office Complex to Base Rent as near their condition prior to the fire or other casualty as is reasonably possible with all due diligence and speed (subject to delays for causes beyond Lessor's reasonable control) and shall be completed within two hundred forty (240) days following the date a result of such fire or other casualty (subject to force majeure) failing whichlimitation, Lessee shall be entitled to terminate this Lease recover interest with respect to each subsequent monthly offset from the date of the expenditure to the date of offset at a per annum rate equal to the bank prime rate publicized in the event that such repairs are not completed within sixty (60) days after written notice WALL STREET JOURNAL as the same may change from Lessee that Lessee desires time to terminate this Lease because such repairs have not been completed within such 240 day periodtime. Rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises which is untenantable). In no event shall Lessor be obligated to repair or restore any special equipment or improvements installed by Lessee at Lessee's expense.ARTICLE 10

Appears in 1 contract

Samples: Office Lease (Exe Technologies Inc)

Lessor's Repair Obligations. If fire or other casualty shall render Lessor shall, during the whole or any material part term of this Lease, at Lessor's expense, keep the Premises untenantable roof and the Premises cannot reasonably be expected to be made tenantable within two hundred forty (240) days from the date of such event and neither party hereto terminates this Lease pursuant to its rights herein or in the event that more than fifty percent (50%) of the value structural components of the Office Complex is damaged in first class condition and repair and in a neat, clean and healthful manner, excluding any damage to the roof or destroyed structural components, caused by fire Lessee, its agents, employees or other casualtyinvitees, which shall be repaired by Lessee, at its sole cost. All repairs, restorations and replacements shall be performed in good and workmanlike manner and in quality and class equal to the original work and shall comply with all requirements of the Lease. If Lessor fails to perform any of Lessor's obligations under this paragraph, and neither party terminates this Lease pursuant if such failure continues for thirty (30) days after written notice thereof is delivered to its option granted hereinLessor (provided, or that, in the event that fifty of an emergency or situation where damage to person or property is at risk, no notice shall be required), Lessee may perform such obligation, in which event, Lessor shall pay to Lessee the reasonable cost incurred by Lessee in performing such obligation within thirty (30) days after demand therefor (with accompanying paid invoices), failing which Lessee shall be entitled to offset such sums against the Rent becoming due under this Lease, provided any offset shall not exceed twenty percent (5020%) or less of monthly Base Rent until such offset has been fully made. In the value event the expenditure cannot be fully recouped from the next monthly payment of the Office Complex is damaged or destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Lessor shall repair and restore the Premises and the Office Complex to Base Rent as near their condition prior to the fire or other casualty as is reasonably possible with all due diligence and speed (subject to delays for causes beyond Lessor's reasonable control) and shall be completed within two hundred forty (240) days following the date a result of such fire or other casualty (subject to force majeure) failing whichlimitation, Lessee shall be entitled to terminate this Lease recover interest with respect to each subsequent monthly offset from the date of the expenditure to the date of offset at a per annum rate equal to the bank prime rate publicized in the event that such repairs are not completed within sixty (60) days after written notice Wall Street Journal, as the same may change from Lessee that Lessee desires time to terminate this Lease because such repairs have not been completed within such 240 day period. Rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises which is untenantable). In no event shall Lessor be obligated to repair or restore any special equipment or improvements installed by Lessee at Lessee's expensetime.

Appears in 1 contract

Samples: Office Lease (Exe Technologies Inc)

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Lessor's Repair Obligations. If fire or other casualty shall render the whole or any material part of the Premises untenantable and the Premises cannot reasonably be expected to be made tenantable within two hundred forty (240) days from the date of such event and neither party hereto terminates this Lease pursuant to its rights herein or in the event that more than fifty percent (50%) of the value of the Office Complex is damaged or destroyed by fire or other casualty, and neither party terminates this Lease pursuant to its option granted herein, or in the event that fifty percent (50%) or less of the value of the Office Complex is damaged or destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Lessor Lessor, to the extent of insurance proceeds available to Lessor, shall repair and restore the Premises and the Office Complex to as near their condition prior to the fire or other casualty as is reasonably possible with all due diligence and speed (subject to delays for causes beyond Lessor's reasonable control) and shall be completed within two hundred forty (240) days following the date of such fire or other casualty (subject to force majeure) failing which, Lessee shall be entitled to terminate this Lease in the event that such repairs are not completed within sixty (60) days after written notice from Lessee that Lessee desires to terminate this Lease because such repairs have not been completed within such 240 day period. Notwithstanding anything to the contrary contained herein, in the event that no insurance proceeds are available, or insufficient insurance proceeds are available to repair and restore the Premises, Lessee shall be responsible for the costs to repair and restore the Premises to the extent not covered by insurance. Rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises which is untenantable). In no event shall Lessor be obligated to repair or restore any special equipment or improvements installed by Lessee at Lessee's expense.

Appears in 1 contract

Samples: Office Lease (Exe Technologies Inc)

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