Common use of Minor Insured Damage Clause in Contracts

Minor Insured Damage. If the Premises (other than the Tenant's FF&E) are damaged only to such extent that repairs, rebuilding and/or restoration can be reasonably completed within ninety (90) days, this Lease shall not terminate and, provided that insurance proceeds are available and paid to Landlord to fully repair the damage and/or Tenant otherwise voluntarily contributes any shortfall thereof to Landlord, Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant's FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates the affected portions of the Premises until any and all repairs required herein to be made by Landlord are substantially completed but such abatement shall only be to the extent (i) of the portion of the Premises which is actually rendered unusable and unfit for occupancy and only during the time Tenant is not actually using same, and (ii) Landlord receives rental abatement insurance proceeds therefor.

Appears in 3 contracts

Samples: Lease Agreement (SolarJuice Co., Ltd.), Lease Agreement (Abaxis Inc), Lease Agreement (Abaxis Inc)

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Minor Insured Damage. If the Premises (other than the Tenant's ’s FF&E) are damaged only to such extent that repairs, rebuilding and/or restoration can be reasonably completed within ninety one hundred eighty (90180) days, this Lease shall not terminate and, provided that insurance proceeds are available and paid to Landlord to fully repair the damage and/or Tenant otherwise voluntarily contributes any shortfall thereof to Landlordthereof, Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant's ’s FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates the affected portions of the Premises until any and all repairs required herein to be made by Landlord are substantially completed completed, but such abatement shall (i) only be to the extent (i) of the portion of the Premises which is actually rendered unusable and unfit for occupancy (it being understood that a portion of the Premises may be unusable even though it has not sustained physical damage because of its interdependence upon the damaged portion of the Premises), and (ii) only during the time Tenant is not actually using same, and (ii) Landlord receives rental abatement insurance proceeds therefor.

Appears in 2 contracts

Samples: Lease Agreement (GigOptix, Inc.), Lease Agreement (Endwave Corp)

Minor Insured Damage. If the Premises (other than the Tenant's ’s FF&E) are damaged only to such extent that repairs, rebuilding and/or restoration can be reasonably completed within ninety one hundred eighty (90180) days, this Lease shall not terminate and, provided that insurance proceeds are available and paid to Landlord to fully repair the damage and/or Tenant otherwise voluntarily contributes any shortfall thereof to Landlordthereof, Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant's ’s FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates the affected portions of the Premises until any and all repairs required herein to be made by Landlord are substantially completed completed, but such abatement shall (i) only be to the extent (i) of the portion of the Premises which is actually rendered unusable and unfit for occupancy occupancy, and (ii) only during the time Tenant is not actually using same, and (ii) Landlord receives rental abatement insurance proceeds therefor.

Appears in 2 contracts

Samples: And Attornment Agreement, Lease Agreement (Restoration Robotics Inc)

Minor Insured Damage. If the Premises (other than the Tenant's ’s FF&E) are damaged only to such extent that repairs, rebuilding and/or restoration can be reasonably completed within ninety one hundred eighty (90180) days, this Lease shall not terminate and, provided that insurance proceeds are available and paid to Landlord to fully repair the damage and/or Tenant otherwise voluntarily contributes any shortfall thereof to Landlordthereof, Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant's ’s FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates the affected portions of the Premises until any and all repairs required herein to be made by Landlord are substantially completed completed, but such abatement shall (i) only be to the extent (i) of the portion of the Premises which is actually rendered unusable and unfit for occupancy and occupancy, (ii) only during the time Tenant is not actually using same, and (iiiii) only be to the extent that Landlord receives rental abatement insurance proceeds therefor.

Appears in 1 contract

Samples: Lease Agreement (Infinera Corp)

Minor Insured Damage. If the Premises (other than the Tenant's ’s FF&E) are damaged only to such extent that repairs, rebuilding and/or restoration can be reasonably completed within ninety twelve (9012) daysmonths, this Lease shall not terminate and, provided that insurance proceeds are available and paid to Landlord to fully repair the damage and/or Tenant otherwise voluntarily contributes any shortfall thereof to Landlordthereof, Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant's ’s FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates the affected portions of the Premises until any and all repairs required herein to be made by Landlord are substantially completed completed, but such abatement shall (i) only be to the extent (i) of the portion of the Premises which is actually rendered unusable unusable, and unfit for occupancy and (ii) only during the time Tenant is not actually using same, and (ii) Landlord receives rental abatement insurance proceeds therefor.

Appears in 1 contract

Samples: Lease Agreement (Meru Networks Inc)

Minor Insured Damage. If the Premises (other than the Tenant's ’s FF&E) are damaged only to such extent that repairs, rebuilding and/or restoration can be reasonably completed within ninety one hundred eighty (90180) days, this Lease shall not terminate and, provided that insurance proceeds are available and paid to Landlord to fully repair the damage and/or Tenant otherwise voluntarily contributes any shortfall thereof to Landlordthereof, Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant's ’s FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates the affected portions of the Premises until any and all repairs required herein to be made by Landlord are substantially completed completed, but such abatement shall (i) only be to the extent (i) of the portion of the Premises which is actually rendered unusable and unfit for occupancy and occupancy, (ii) only during the time Tenant is not actually using same, and (iiiii) Landlord receives rental abatement insurance proceeds therefor.

Appears in 1 contract

Samples: Lease Agreement (Gsi Group Inc)

Minor Insured Damage. If the Premises (other than the Tenant's ’s FF&E) are damaged only to such extent that repairs, rebuilding and/or restoration can be reasonably completed within ninety twelve (9012) daysmonths, this Lease shall not terminate and, provided that insurance proceeds are available and paid to Landlord to fully repair the damage (or would have been available if Landlord had maintained the insurance required under this Lease) and/or Tenant otherwise voluntarily contributes any shortfall thereof to Landlordthereof, Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant's ’s FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates the affected portions of the Premises until any and all repairs required herein to be made by Landlord are substantially completed completed, but such abatement shall (i) only be to the extent (i) of the portion of the Premises which is actually rendered unusable and unfit for occupancy and occupancy, (ii) only during the time Tenant is not actually using same, and (iiiii) Landlord receives rental abatement insurance proceeds therefortherefore (unless rental abatement insurance is not available because Landlord failed to carry loss of rent insurance).

Appears in 1 contract

Samples: Lease Agreement (Proofpoint Inc)

Minor Insured Damage. If the Premises (other than the Tenant's FF&E) are damaged only to such extent that repairs, rebuilding and/or restoration can be reasonably completed within ninety one hundred eighty (90180) days, this Lease shall not terminate and, provided that insurance proceeds are available and paid to Landlord to fully repair the damage and/or Tenant otherwise voluntarily contributes any shortfall thereof to Landlord, Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant's FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates the affected portions of the Premises such damage until any and all repairs required herein to be made by Landlord are substantially completed but such abatement shall only be to the extent (i) of the portion of the Premises which is actually rendered unusable and unfit for occupancy and only during the time Tenant is not actually using same, and (ii) Landlord receives rental abatement insurance proceeds therefor.same for Tenants customary operations,

Appears in 1 contract

Samples: Lease Agreement (New Focus Inc)

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Minor Insured Damage. If the Premises [excluding any of Tenant’s Property, any Tenant Improvements and any Alterations installed by or for the benefit of Tenant (other than collectively, the Tenant's “Tenants FF&E) ”)] are damaged only to such extent that repairs, rebuilding and/or restoration can be reasonably completed within ninety (90) days, this Lease shall not terminate and, provided that insurance proceeds are available and paid to Landlord to fully repair the damage and/or Tenant otherwise voluntarily contributes any shortfall thereof to Landlord, Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant's ’s FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates the affected portions of the Premises casualty until any and all repairs required herein to be made by Landlord are substantially completed but such abatement shall only be to the extent (i) of the portion of the Premises which is actually rendered unusable and unfit for occupancy and only during the time Tenant is not actually using same, and (ii) Landlord receives rental abatement insurance proceeds therefor.

Appears in 1 contract

Samples: Lease Agreement (Ruckus Wireless Inc)

Minor Insured Damage. If the Premises (other than the Tenant's FF&E) are damaged only to such extent that repairs, rebuilding and/or restoration can be reasonably completed within ninety three hundred sixty five (90365) days, this Lease shall not terminate and, provided that insurance proceeds are available and paid to Landlord to fully repair the damage and/or Tenant otherwise voluntarily contributes any shortfall thereof to Landlordthereof, Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant's FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates the affected portions of the Premises until any and all repairs required herein to be made by Landlord are substantially completed completed, but such abatement shall (i) only be to the extent (i) of the portion of the Premises which is actually rendered unusable and unfit for occupancy in the manner of Tenant’s use, and (ii) only during the time Tenant is not actually using same, and (ii) Landlord receives rental abatement insurance proceeds therefor.

Appears in 1 contract

Samples: Lease Agreement (Spansion Inc.)

Minor Insured Damage. If the Premises (other than the Tenant's ’s FF&E) are damaged only to such extent that repairs, rebuilding and/or restoration can be reasonably completed within ninety (90) days, this Lease shall not terminate and, provided that insurance proceeds are available and paid to Landlord to fully repair the damage and/or Tenant otherwise voluntarily contributes any shortfall thereof to Landlord, Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant's ’s FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates the affected portions of the Premises until any and all repairs required herein to be made by Landlord are substantially completed but such abatement shall only be to the extent (i) of the portion of the Premises which is actually rendered unusable and unfit for occupancy and only during the time Tenant is not actually using same, and (ii) Landlord receives rental abatement insurance proceeds therefor.

Appears in 1 contract

Samples: Lease Agreement (Conor Medsystems Inc)

Minor Insured Damage. If the Premises (other than the Tenant's ’s FF&E) are damaged only to such extent that repairs, rebuilding and/or restoration can be reasonably completed within ninety one hundred eighty (90180) days, this Lease shall not terminate and, provided that insurance proceeds are available and paid to Landlord to fully repair the damage and/or Tenant otherwise voluntarily contributes any shortfall thereof to Landlord, Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant's ’s FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates the affected portions of the Premises until any and all repairs required herein to be made by Landlord are substantially completed but such abatement shall only be to the extent (i) of the portion of the Premises which is actually rendered unusable and unfit for occupancy and only during the time Tenant is not actually using same, and (ii) Landlord receives rental abatement insurance proceeds therefortherefore.

Appears in 1 contract

Samples: Lease (Metagenomi Technologies, LLC)

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