Common use of Partial Damage - Insured Loss Clause in Contracts

Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Landlord shall, at Tenant’s expense, repair such damage (but not Tenant’s Trade Fixtures or Tenant owned improvements) as soon as reasonably possible and this Lease shall continue in full force and effect, provided, however, that Tenant shall, at Landlord’s election, make the repair of any damage or destruction the total cost of repair of which is $10,000 or less, and, in such event, Landlord shall make the insurance proceeds, if any, available to Tenant on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required if the insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the party responsible to maintaining the insurance shall promptly contribute the shortage in proceeds (except as to the deductible which is the Tenant’s responsibility) as and when required to complete said repairs. Premises partial damage due to flood or earthquake shall be subject to Section 3, following, rather than this Section, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either party.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Orange 21 Inc.), Commercial Lease Agreement (Orange 21 Inc.)

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Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Landlord Lessor shall, at TenantLessor’s expense, repair such damage (but not TenantLessee’s Trade Fixtures or Tenant owned improvementsLessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect, ; provided, however, that Tenant Lessee shall, at LandlordLessor’s election, make the repair of any damage or destruction the total cost of to repair of which is $10,000 or less, and, in such event, Landlord Lessor shall make the any applicable insurance proceeds, if any, proceeds available to Tenant Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required if the insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the party responsible to maintaining the insurance Insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is the TenantLessee’s responsibility) as and when required to complete said repairs. Premises partial damage Partial Damage due to flood or earthquake shall be subject to Section 3, following, rather than this SectionParagraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either partyParty.

Appears in 2 contracts

Samples: Lease (SeaSpine Holdings Corp), Lease Agreement (SeaSpine Holdings Corp)

Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured insured Loss occurs, then Landlord Lessor shall, at Tenant’s Lessor's expense, repair such damage (but not Tenant’s Lessee's Trade Fixtures or Tenant owned improvementsLessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect, ; provided, however, that Tenant Lessee shall, at Landlord’s Lessor's election, make the repair of any damage or destruction the total cost of to repair of which is $10,000 or less, and, in such event, Landlord Lessor shall make the any applicable insurance proceeds, if any, proceeds available to Tenant Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required if the insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the party responsible to maintaining the insurance insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is the Tenant’s Lessee's responsibility) as and when required to complete said repairs. Lessee shall not be entitled to reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Premises partial damage Partial Damage due to flood or earthquake shall be subject to Section 3, following, rather than this SectionParagraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either party.

Appears in 1 contract

Samples: Lease Agreement (Lifepoint Inc)

Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured insured Loss occurs, then Landlord Lessor shall, at Tenant’s Lessor's expense, repair such damage (but not Tenant’s Lessee's Trade Fixtures or Tenant owned improvementsLessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect, ; provided, however, that Tenant shall, at Landlord’s election, Lessee shall make the repair of any damage or destruction the total cost of to repair of which is $10,000 100,000 or less, and, in such event, Landlord Lessor shall make the any applicable insurance proceeds, if any, proceeds available to Tenant Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required if the insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the party responsible to maintaining the insurance insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is the Tenant’s Lessee's responsibility) as and when required to complete said repairs. Lessee shall not be entitled to reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Premises partial damage Partial Damage due to flood or earthquake shall be subject to Section 3, following, rather than this SectionParagraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either partyParty.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Guitar Center Inc)

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Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Landlord Lessor shall, at Tenant’s Lessor's expense, repair such damage (but not Tenant’s Lessee's Trade Fixtures or Tenant owned improvementsLessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease lease shall continue in full force and effect, ; provided, however, that Tenant Lessee shall, at Landlord’s Lessor's election, make the repair of any damage or destruction the total cost of to repair of which is $10,000 or less, and, in such event, Landlord Lessor shall make the insurance proceeds, if any, proceeds available to Tenant Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required if the insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring party responsible to maintaining the insurance shall promptly contribute the shortage in proceeds (except as to the deductible which is the Tenant’s Lessee's responsibility) as and when required to complete said repairs. Premises partial damage In the event, however, the shortage in proceeds was due to flood or earthquake shall be subject to Section 3the fact that, following, rather than this Section, notwithstanding that there may be some insurance coverage, but by reason of the net proceeds unique nature of any such insurance shall be made available for the repairs if made by either party.the

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Clontech Laboratories Inc)

Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Landlord Lessor shall, at Tenant’s Lessors expense, repair such damage (but not TenantLessee’s Trade Fixtures or Tenant owned improvementsLessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect, ; provided, however, that Tenant Lessee shall, at LandlordLessor’s election, make the repair of any damage or destruction the total cost of to repair of which is $10,000 or less, and, in such event, Landlord Lessor shall make the any applicable insurance proceeds, if any, proceeds available to Tenant Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required if the insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the party responsible to maintaining the insurance Insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is the TenantLessee’s responsibility) as and when required to complete said repairs. Premises partial damage Partial Damage due to flood or earthquake shall be subject to Section 3, following, rather than this SectionParagraph 8.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either partyParty.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Eschelon Telecom Inc)

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