Partial Damage to Premises. (a) TENANT shall notify LANDLORD in writing immediately upon the occurrence of any damage to the PREMISES. If (i) the PREMISES is only partially damaged (i.e., less than twenty-five percent (25%) of the PREMISES is untenantable as a result of such damage or (ii) less than twenty-five percent (25%) of TENANT’s operations are materially impaired), and if such damage is covered by insurance required to be carried by LANDLORD hereunder or otherwise carried by LANDLORD, this LEASE shall remain in effect and LANDLORD shall repair the damage as soon as reasonably possible. Notwithstanding the foregoing, in the event that (i) more than twenty-five percent (25%) of the PREMISES is untenantable as a result of such casualty, or (ii) more than twenty-five, percent (25%) of TENANT’s operations in the PREMISES are materially impaired as a result of such casualty, or (iii) in TENANT’s reasonable opinion, it would take more than one hundred eighty (180) days after the date of such casualty, to restore the PREMISES; TENANT shall have the right to terminate this LEASE, upon notice thereof to LANDLORD.
Partial Damage to Premises. Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Premises or the Building. If the Premises or the Building are only partially damaged and if the proceeds received by Landlord from the insurance policies described in Subsection 7.1.2 are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible provided, however, that if Landlord cannot repair the Premises within one hundred eighty (180) days after the damage occurs, then Tenant shall have the right to terminate this Lease as of the date the damage occurred by delivering notice to Landlord within ten (10) days of Landlord’s notice of the amount of time it will take Landlord to repair the damage. If (i) Tenant fails to deliver its notice of election to terminate within such ten (10) day period or if (ii) the damage was caused in whole or in part by Tenant’s negligence, then Tenant shall have waived its right to terminate this Lease. “Partially damaged” shall mean that the damage to the Premises or Building exceeds fifty percent (50%) of the replacement value of the Building or Premises. Landlord may elect to repair any damage to Tenant’s fixtures, equipment, or improvements. If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, or if the cause of the damage is not covered by the insurance policies which Landlord maintains under Subsection 7.1.2, Landlord may elect either to (a) repair the damage as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (b) terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage, whether Landlord elects to repair the damage or terminate the Lease. If the damage was due to an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of repair and any insurance proceeds received by Landlord. If Landlord elects to terminate this Lease, Tenant may elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Premises and the Building. Tenant shall pay the cost of such repairs, except that, upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord written...
Partial Damage to Premises. (a) Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Premises. If the Premises is only partially damaged (i.e., less than fifty percent (50%) of the Premises is untenantable as a result of such damage or less than fifty percent (50%) of Tenant’s operations are materially impaired) and if the proceeds received by Landlord from the casualty insurance policy described in Section 4.04(b) are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect (but is not required) to repair any damage to Tenant’s fixtures, equipment, or improvements constructed by Tenant. The Base Rent and Additional Rent shall be abated as stated in Section 7.03.
Partial Damage to Premises a) Landlord and Tenant shall notify each other in writing immediately upon obtaining knowledge of the occurrence of any damage to the Premises due to any casualty. Landlord shall have a qualified general contractor review such damage and provide an estimate (the “Damage Repair Estimate”) of the time period required to repair such damage to the condition existing prior to the occurrence thereof. Landlord shall deliver the Damage Repair Estimate to Tenant promptly upon its receipt of same. If the Premises is only partially damaged (i.e., less than seventy five percent (75%) of the Premises is untenantable as a result of the damage) or the Damage Repair Estimate provides that the time period to repair such damage is less than twelve (12) months, this Lease shall remain in full force and effect and Landlord shall commence repair of the damage within a reasonable time, not to exceed thirty (30) days after receipt of the Damage Repair Estimate.
Partial Damage to Premises. If the Premises shall be partially damaged by fire or other cause without the fault or negligence of Tenant, Tenant's employees, agents, visitors or licensees, the damages shall be repaired by and at the expense of Landlord, and the rent until such repairs can be made shall be apportioned according to the part of the Premises which is usable by the Tenant. No penalty shall accrue for reasonable delay on account of labor troubles or any other cause beyond Landlord's control.
Partial Damage to Premises. Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Premises. If the Premises are only partially damaged and if the proceeds received by Tenant from the insurance policies describe in Subsection 7.1.2 are sufficient to pay for the necessary repairs (including Landlord’s overhead and other customary indirect costs), this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible provided, however, that if Landlord cannot repair the Premises within one hundred eighty (180) days after the damage occurs, then Tenant shall have the right to terminate the Lease as of the date the damage occurred by delivering notice to Landlord within twenty (20) days of Landlord’s notice
Partial Damage to Premises. (a) Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Premises caused by fire or other casualty. If the Premises are only partially damaged (i.e., less than thirty-five percent (35%) of the Premises are untenantable as a result of such damage or less than thirty-five percent (35%) of Tenant’s operations are materially impaired) and if the proceeds received by Landlord from the insurance policies described in Section 2.05 are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall diligently repair the damage and restore the Premises and Project to substantially the same condition they were in prior to such damage or destruction; provided however, that if in Landlord’s reasonable judgment such repair and restoration cannot be completed within 180 days after the occurrence of such damage or destruction (taking into account the time needed for effecting a satisfactory settlement with any insurance company involved, removal of debris, preparation of plans and issuance of all required governmental permits), then Landlord shall have the right to terminate this Lease by giving written notice of termination within 45 days after the occurrence of such damage or destruction. Landlord may elect (but is not required) to repair any damage to Tenant’s fixtures, equipment, or improvements.
Partial Damage to Premises. Notwithstanding anything to the contrary contained in this Lease, in the event of partial damage to the premises, Landlord agrees, upon notification, to use its best efforts promptly to repair such damage. Tenant agrees to report to the best of its knowledge the extent of any partial damage to Landlord. Landlord shall be required, within ten (10) days of receipt of Tenant's notice, to give the time required for repair. Within ten (10) days of receiving Landlord's report and notification to repair, Tenant at its option may terminate this Lease as of the date of partial damage if the Premises cannot be restored within one hundred eight (180) days of the casualty. Tenant shall also have the option to terminate or to extend Landlord's time for completion if at the end of such one hundred eight (180) day period the restoration has not been completed. Notwithstanding the foregoing, Tenant shall not have such right of termination if the partial damage resulted from the actions or negligence of Tenant. In the event Tenant does not elect to terminate as provided hereunder, Landlord shall repair the partial damages rapidly as is feasible by using its best efforts.
Partial Damage to Premises a) Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Premises. If the Premises is only partially damaged (i.e., less than fifty percent (50%) of the Premises is untenantable as a result of such damage or less than fifty percent (50%) of Tenant’s operations are materially impaired) and if the proceeds received by Landlord from the property insurance policy described in Section 4.04(b) are sufficient to pay for the necessary repairs, this Lease shall remain in full force and effect and Landlord shall repair the damage within a reasonable time, not to exceed nine (9) months, after Landlord receives notice from Tenant of the damage to the Premises. Landlord shall repair any damage to Tenant’s fixtures, equipment, or improvements to the extent such damage is covered under Landlord’s insurance; provided, however, to the extent such fixtures, equipment or improvements were installed by Tenant or any Tenant Party, Landlord may elect to have such repair performed by Tenant.
Partial Damage to Premises. Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Premises and the following provisions shall apply:
