Common use of LOSS NOT COVERED BY INSURANCE Clause in Contracts

LOSS NOT COVERED BY INSURANCE. If, at any time prior to the expiration of the Term or prior termination of this Lease, the Premises or the Building are totally or partially damaged or destroyed from a risk, the loss to Landlord from which is not fully covered by insurance maintained by Landlord or for Landlord’s benefit, which damage renders the Premises inaccessible or unusable to Tenant in the ordinary course of its business, and if such damage or destruction is not the result of the negligence or willful misconduct or omission of Tenant or Tenant’s employees, Landlord may, at its option, upon written notice to Tenant within thirty (30) days after notice to Landlord of the occurrence of such damage or destruction, elect to repair or restore such damage or destruction, or Landlord may elect to terminate this Lease. If Landlord elects to repair or restore such damage or destruction, this Lease shall continue in full force and effect but the Basic Monthly Rent shall be proportionately reduced as provided in Section 5.01(a).

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Us Concrete Inc)

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LOSS NOT COVERED BY INSURANCE. If, at any time prior to the expiration of the Term or prior termination of this Lease, the Premises or the Building Project are totally or partially damaged or destroyed from a risk, the loss to Landlord from which is not fully covered by insurance maintained by Landlord or for Landlord’s 's benefit, which damage renders the Premises inaccessible or unusable to Tenant in the ordinary course of its business, and if such damage or destruction is not the result of the negligence or willful misconduct or omission of Tenant or Tenant’s employees's Parties, Landlord may, at its option, upon written notice to Tenant within thirty (30) days after notice to Landlord of the occurrence of such damage or destruction, elect to repair or restore such damage or destruction, or Landlord may elect to terminate this Lease. If Landlord elects to repair or restore such damage or destruction, this Lease shall continue in full force and effect effect, but the Basic Monthly Rent shall be proportionately reduced as provided in Section 5.01(aParagraph 11.2(a). If Landlord elects to terminate this Lease, such termination shall he effective as of the date of the occurrence of such damage or destruction.

Appears in 1 contract

Samples: Industrial Lease Agreement (Jill Kelly Productions Holding, Inc.)

LOSS NOT COVERED BY INSURANCE. If, If at any time prior to the expiration of the Term or prior termination of this Lease, the Premises or the Building are is totally or partially damaged or destroyed from a riskcasualty, the loss to Landlord from which is not fully covered by insurance maintained by Landlord or for Landlord’s benefit, which damage renders the Premises inaccessible or unusable to Tenant in the ordinary course of its business, and if such damage or destruction is not the result of the negligence or willful misconduct or omission of Tenant or Tenant’s employees, Landlord may, at its option, upon written notice to Tenant within thirty sixty (3060) days after notice to Landlord of the occurrence of such damage or of destruction, elect to repair or restore such damage or destruction, or Landlord may elect to terminate this Lease. If Landlord elects has elected to repair or restore such damage or destruction, this Landlord shall commence to make such repair as soon as reasonably possible and shall complete such repair as soon as reasonably possible, andthis Lease shall continue in full force and effect but the Basic Monthly Rent shall be proportionately reduced as provided in Section 5.01(al3.113.1(a). If Landlord does not elect by notice to Tenant to repair such damage the Lease shall terminate.

Appears in 1 contract

Samples: Lease Agreement (Ikos Systems Inc)

LOSS NOT COVERED BY INSURANCE. If, at any time prior to the expiration of the Term or prior termination of this Lease, the Premises or the Building Project are totally or partially damaged or destroyed from a risk, the loss to Landlord from which is not fully covered by insurance maintained by Landlord or for Landlord’s 's benefit, which damage renders the Premises inaccessible or unusable to Tenant in the ordinary course of its business, and if such damage or destruction is not the result of the negligence or willful misconduct or omission of Tenant or Tenant’s employees's Parties, Landlord may, at its option, upon written notice to Tenant within thirty (30) days after notice to Landlord of the occurrence of such damage or destruction, elect to repair or restore such damage or destruction, or Landlord may elect to terminate this Lease. If Landlord elects to repair or restore such damage or destruction, this Lease shall continue in full force and effect effect, but the Basic Monthly Rent shall be proportionately reduced as provided in Section 5.01(aParagraph 11.2(a). If Landlord elects to terminate this Lease, such termination shall be effective as of the date of the occurrence of such damage or destruction.

Appears in 1 contract

Samples: Standard Industrial Lease Agreement (Etoys Inc)

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LOSS NOT COVERED BY INSURANCE. If, at any time prior to the expiration of the Term or prior termination of this Lease, the Premises or the Building Project are totally or partially damaged or destroyed from a risk, the loss to Landlord from which is not fully covered by insurance maintained by Landlord or for Landlord’s 's benefit, which damage renders the Premises inaccessible or unusable to Tenant in the ordinary course of its business, and if such damage or destruction is not the result of the negligence or willful misconduct or omission of Tenant or Tenant’s employees's Parties, Landlord may, at its option, upon written notice to Tenant within thirty (30) days after notice to Landlord of the occurrence of such damage or destruction, elect to repair or restore such damage or destruction, or Landlord may elect to terminate this Lease. If Landlord elects to repair or restore such damage or destruction, this Lease shall continue in full force and effect effect, but the Basic Monthly Rent shall be proportionately reduced as provided in Section 5.01(aParagraph 11.2(a). If Landlord elects to terminate this Lease, such termination shall be effective as of the date of the occurrence of such damage or destruction. 11.4.

Appears in 1 contract

Samples: Standard Industrial Lease Agreement (Intest Corp)

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