No Restoration Sample Clauses

No Restoration. The Plan Administrator will not restore a re-employed Participant's Account Balance under this Section 5.04 (B) if:

No Restoration. If, in the event of any Damage or -------------- Condemnation, (i) Seller or Lessee (or, if the Project has been sold by Seller to Lessor and no Lease is in effect, Lessor) shall fail to restore the Project or, in the case of a Condemnation, the portion thereof not so taken, in the manner and to the extent required by the Operative Documents and this Agreement, or, if not so obligated to restore the Project (or the portion thereof not so taken), shall not have elected to so restore the same, and (ii) neither a Financing Party nor Buyer shall have elected, by notice to each Nondefaulting Party, to exercise its remedies under the Operative Documents and effect a Succession to a Defaulting Party's or Project Owner's interest in the Project, as the case may be, in accordance with the provisions of this Agreement within 180 days after the expiration of all applicable cure periods afforded to each Nondefaulting Party under this Agreement or any Operative Documents by reason of any such failure to restore or failure to elect to restore the same, then, all Conversion Proceeds then held by the Depositary shall be paid and applied as follows: First, (A) if such Damage or Condemnation shall occur before the indebtedness outstanding under the Construction Loan Documents is paid in full, subject to Section 7.2(b), to Construction Lender up to an amount equal to (1) prior to the Commencement Date, the E-40 aggregate amount due Construction Lender under the Construction Loan Documents as of the date of such payment, or (2) after the Commencement Date, the lesser of such amount or the Encumbered Value of the Project as of the date immediately preceding the date of such Damage or Condemnation (appropriately reduced to take into account any prior distribution to Construction Lender pursuant to Section 5.3(b) or this Section 7.2 that, absent such adjustment, would have the effect of causing Construction Lender to realize a greater recovery of its investment than would otherwise be payable under this paragraph First"); and (B) if such Damage or Condemnation shall occur after the indebtedness outstanding under the Construction Loan Documents is paid in full, subject to Section 7.2(b), to Permanent Lender up to an amount equal to the aggregate amount due Permanent Lender under the Permanent Loan Documents as of the date of such payment, Second, if such Damage or Condemnation shall occur after the indebtedness outstanding under the Construction Loan Documents is paid in full and...

No Restoration. Within 90 days after discovering any damage to the Project resulting from any fire or other casualty, Landlord may, whether or not the Premises are affected, terminate this Lease by notifying Tenant in writing if (i) any “Landlord’s Mortgagee”, as defined in Paragraph 20, requires that any insurance proceeds be used to pay any mortgage debt; (ii) any damage to the Building or other portions of the Project is not fully covered (other than applicable deductibles) by Landlord’s insurance policies; (iii) Landlord is prohibited by Applicable Law from rebuilding the Building or Common Areas so that it and they will be substantially the same structurally and architecturally; (iv) the damage occurs during the last 12 months of the Term; or Docusign Envelope ID: 9F281A1E-9C97-4CC4-A55B-69F178D46B5A

No Restoration. Advance (including the final Restoration Advance) in respect of any fire or other casualty or any Partial Taking shall be due unless: (i) no certificate delivered to the Depositary or Lessor by Lessee or by any architect or engineer in connection with the Restoration in question shall have been materially incorrect at the time of delivery (Lessor to give notice to Lessee within 10 business days after Lessor's receipt of the certificate in question if Lessor contends that such certificate was materially incorrect; any such dispute to be determined by the Appropriate Engineer); (ii) in the case of a Restoration Advance to be made on account of a fire or other casualty, Lessee shall have waived its right to terminate this Lease pursuant to section 15.4(a) on account of such damage or other casualty; (iii) Lessor shall have received true copies of all bills paid or payable by Lessee to Contractors which form the basis for the Restoration Advance in question; and (iv) no Event of Default (including, without limitation, any Event of Default specified in section 22(d)) shall have occurred and be continuing.

No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that (i) any mortgagee of the Premises refuses to make the proceeds of Landlord's insurance immediately available to Landlord for the restoration of the Premises, (ii) such damage is the result of any casualty other than a casualty for which Landlord is required to provide insurance, (iii) the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the Building and Property, (iv) the casualty renders any substantial part of the Premises untenantable and at the time, less than two (2) years remain until the expiration of the Term, or (v) any part of the Building or Property is damaged to the extent that in Landlord’s judgment, restoration is not practical (whether or not the Premises have been damaged by the casualty), then Landlord, at Landlord's option, shall be released from the obligation to restore the Premises by giving notice of such event and of Landlord's election not to so restore, which notice must be given to Tenant within sixty (60) days of the date of the damage and Landlord or Tenant may terminate this Lease by providing the other with thirty (30) days prior written notice.

No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that any mortgagee of the Premises refuses to make the proceeds of Landlord's insurance immediately available to Landlord for the restoration of the Premises, or in the event that such damage is the result of any casualty other than a casualty for which Landlord is required by Section 14.2 of this Lease to provide insurance, or in the event that the damage occurs during the last year of the Lease Term (or any renewal or extension thereof) and Tenant does not elect to renew or extend the Lease pursuant to the terms hereof, or in the event that the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the entire Premises, then Landlord, at Landlord's option, shall be released from the obligation to restore the Premises by giving notice of such event and of Landlord's election not to so restore, which notice must be given to Tenant within sixty (60) days of the date of the damage.

No Restoration. Landlord hereby acknowledges that Tenant shall not be required to restore any portion of the Tenant Improvements constructed in the Expansion Premises that are specifically set forth on the Approved Space Plan. EXHIBIT B -3- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 1 TO EXHIBIT B -1- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 1 TO EXHIBIT B -2- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -1- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -2- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -3- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -4- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -5- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.]

No Restoration. If the Premises or the Building are damaged by fire or other casualty to the extent that reconstruction cannot reasonably be completed within nine (9) months after the date of damage, as determined by Landlord, or more than fifty percent (50%) of the rentable square feet of the Interior Premises becomes untenantable due to casualty damage within the last twelve (12) months of the Term, then either Landlord or Tenant may, by written notice given within ninety (90) days of such damage, terminate this Lease effective as of the date of such notice, in which event Tenant shall be entitled to a fair diminution of Base Rent while and to the extent Tenant is unable to conduct its business in the Premises prior to such termination, or to an abatement of Base Rent if Tenant is not able to conduct business in the Premises.

No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that the cost of restoration exceeds $350,000 and any mortgagee of the Premises refuses to make the proceeds of Landlord's insurance immediately available to Landlord for the restoration of the Premises, or in the event that such damage is the result of any casualty other than a casualty for which Landlord is required by Section 14.2 of this lease to provide insurance, or in the event that the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the entire Premises, then Landlord, at Landlord's option, shall be released from the obligation to restore the Premises by giving notice of such event and of Landlord's election not to so restore, which notice must be given to Tenant within thirty (30) sixty (60) days of the date of the damage, provided, however, that should Landlord elect to not restore the premises, Tenant may, at its option, terminate this Lease by sending written notice of termination to Landlord within forty-five (45) days of the date Tenant receives written notice of Landlord's election. In the event that the Leased Premises cannot be restored within one hundred twenty (120) days of the date of such damage, then

No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that any mortgagee of the Premises refuses to make the proceeds of Landlord’s insurance immediately available to Landlord for the restoration of the Premises, or in the event that such damage is the result of any casualty other than a casualty for which Landlord is required by this Lease to provide insurance, or in the event that the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the entire Premises, then Landlord, at Landlord’s option, shall be released from the obligation to restore the Premises by giving notice of such and of Landlord’s election not to so restore, which notice must be given to Tenant within sixty (60) days of the date of the damage, in which event Tenant may terminate this Lease effective upon the date of destruction and receive a refund of any rents paid for the period of time after the destruction.