Common use of Obligation to Repair Clause in Contracts

Obligation to Repair. Except as otherwise provided in this Article 12, if the Premises, or any other portion of the Project necessary for Tenant’s use and occupancy of the Premises, are damaged or destroyed by Casualty, Landlord shall, within ninety (90) days after Landlord obtains actual knowledge of such damage or destruction (“Casualty Discovery Date”) or as soon thereafter as possible, notify Tenant of the estimated time, in Landlord’s reasonable judgment, required to repair such damage or destruction (“Landlord’s Casualty Notice”). If Landlord estimates that the necessary repairs can be completed within ninety (90) days after the date of Landlord’s Casualty Notice, and if Landlord receives insurance proceeds sufficient for such purpose, then (i) Landlord shall repair the Premises, and/or the portion of the Project necessary for Tenant’s use and occupancy of the Premises, to substantially the condition existing immediately before such damage or destruction, to the extent commercially reasonable and as permitted by and subject to then applicable Requirements; (ii) this Lease shall remain in full force and effect; and (iii) to the extent such damage or destruction did not result from the negligence or willful act or omission of Tenant or any other Tenant Parties, Base Rent shall xxxxx to the extent that the amount thereof is compensated for and recoverable from the proceeds of rental abatement or business interruption insurance maintained by Landlord, for such part of the Premises rendered unusable by Tenant in the conduct of its business during the time such part is so unusable, in the proportion that the rentable area contained in the unusable part of the Premises bears to the total rentable area of the Premises.

Appears in 2 contracts

Samples: Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)

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Obligation to Repair. Except as otherwise provided in this Article 12, and subject to the terms of the Master Lease, if the Premises, or any other portion of the Project Building necessary for Tenant’s use and occupancy of the Premises, are damaged or destroyed by Casualtyfire or other casualty, Landlord shall, within ninety thirty (9030) days after Landlord obtains actual knowledge of such damage or destruction (“Casualty Discovery Date”) or as soon thereafter as possibleevent, notify Tenant of the estimated time, in Landlord’s reasonable judgment, required to repair such damage or destruction (“destruction. If Landlord’s Casualty Notice”). If Landlord estimates that the necessary repairs can be completed within ninety estimate of time is less than one hundred eighty (90180) days after the date that Landlord obtains the required building permits for the repair of Landlord’s Casualty Notice, and if Landlord receives insurance proceeds sufficient for such purposedamage or destruction, then (i) Landlord shall proceed with all due diligence to repair the Premises, and/or the portion of the Project Building necessary for Tenant’s use and occupancy of the Premises, to substantially the condition existing immediately before such damage or destruction, to the extent commercially reasonable and as permitted by and subject to then applicable Requirementslaws, ordinances, rules and regulations; (ii) this Lease shall remain in full force and effect; and (iii) to the extent such damage or destruction did not result from the negligence or willful act or omission of Tenant or any other Tenant Parties, Base Rent shall xxxxx to the extent that the amount thereof is compensated for and recoverable from the proceeds of rental abatement or business interruption insurance maintained by Landlord, for such part of the Premises rendered unusable by Tenant Tenant, in Tenant’s reasonable, good faith judgment, in the conduct of its business during the time such part is so unusable, in the proportion that the rentable area Rentable Area contained in the unusable part of the Premises bears to the total rentable area Rentable Area of the Premises. Notwithstanding any provision of this Lease to the contrary, if Master Lessor elects to rebuild the Building upon a casualty, and if Tenant has not otherwise elected to terminate this Lease, then Landlord shall be obligated to repair the Premises in accordance with the terms of this Lease.

Appears in 2 contracts

Samples: Sublease Agreement (Salesforce Com Inc), Sublease Agreement (Salesforce Com Inc)

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Obligation to Repair. Except as otherwise provided in this Article 12, if the Premises, or any other portion of the Building or the Project necessary for Tenant’s use and occupancy of the Premises, are damaged or destroyed by Casualtyfire or other casualty, Landlord shall, within ninety as soon as reasonably practicable (90but in no event more than sixty (60) days after Landlord obtains actual knowledge of such damage or destruction (“Casualty Discovery Date”) or as soon thereafter as possibleevent), notify Tenant of the estimated time, in Landlord’s reasonable judgment, required to repair such damage or destruction (“destruction. If Landlord’s Casualty Notice”). If Landlord estimates that the necessary repairs can be completed within ninety estimate of time is less than two hundred seventy (90270) days after the date of Landlord’s Casualty Notice, and if Landlord receives insurance proceeds sufficient for such purposedamage or destruction, then (i) Landlord shall proceed with all due diligence to repair the Premises, and/or the portion of the Building or the Project necessary for Tenant’s use and occupancy of the Premises, to substantially the condition existing immediately before such damage or destruction, to the extent commercially reasonable and as permitted by and subject to then applicable Requirements; (ii) this Lease shall remain in full force and effect; and (iii) to the extent such damage or destruction either (1) did not result from the negligence or willful act or omission misconduct of Tenant or any other Tenant Parties, Base Rent shall xxxxx to the extent that the amount thereof is compensated for and recoverable or (2) did result from the proceeds negligence or willful misconduct of Tenant or other Tenant Parties but is covered under the rental abatement loss (or business interruption comparable) insurance coverage maintained by Landlord, Base Rent and Escalation Rent shall xxxxx for such part of the Premises rendered unusable by Tenant in the conduct of its business during the time such part is so unusable, in the proportion that the rentable area Rentable Area contained in the unusable part of the Premises bears to the total rentable area Rentable Area of the PremisesPremises (provided that Base Rent and Escalation Rent shall be fully abated during such period to the extent that operation for business from the unaffected portions of the Premises is not reasonably practicable).

Appears in 1 contract

Samples: Office Lease (Jamba, Inc.)

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