Common use of Partial Damage - Uninsured Loss Clause in Contracts

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense), Landlord may at Landlord's option either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 4 contracts

Samples: Commercial Lease (Imarx Therapeutics Inc), Commercial Lease (Imarx Therapeutics Inc), Commercial Lease (Imarx Therapeutics Inc)

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Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 4 contracts

Samples: Form 10 K/A, Annual Report, Lease Agreement (Amerigon Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant . Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Artest Corp), Purchase and Sale Agreement (Artest Corp), Purchase and Sale Agreement (Artest Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured insured Loss and which falls within the classification of Premises Partial Damage, occurs unless caused by a negligent or willful wilful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option. either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 3 contracts

Samples: Standard Industrial/Commercial Single Tenant Lease Net (Details Capital Corp), Standard Industrial/Commercial Single Tenant Lease Net (Details Inc), Standard Industrial/Commercial Single Tenant Lease Net (Details Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord may Lessor may, at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention Intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 3 contracts

Samples: Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 3 contracts

Samples: Lease Agreement (Micromem Technologies Inc), Lease Agreement (Micromem Technologies Inc), Lease Agreement (Micromem Technologies Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordXxxxxx's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantXxxxxx's intention commitment to pay for the repair of such damage totally at TenantXxxxxx's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Xxxxxx's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 3 contracts

Samples: Lease Agreement (Future Media Productions), Long Term Lease (Pacific Research & Engineering Corp), Lease Agreement (Future Media Productions)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) as repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant It Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 3 contracts

Samples: Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord . Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 3 contracts

Samples: Lease Agreement (Pets Com Inc), Standard Industrial/Commercial Multi Tenant Lease (Chipcards Inc), Lease Agreement (Pets Com Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (iiiii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 3 contracts

Samples: Lease Agreement (Metacreations Corp), Lease Agreement (Metacreations Corp), Lease Agreement (Metacreations Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.49.4, 11.59.5 and 9.6, and 11.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord . Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this LeaseLessee, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.

Appears in 3 contracts

Samples: Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at Tenant's expenseLessee’s expense and this Lease shall continue in full force and effect), Landlord Lessor may at Landlord's option Lessor’s option, either (i) repair such damage as soon as reasonably possible at Landlord's Lessor’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of Landlord's intention Lessor’s desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of Landlord's Lessor’s intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of Tenant's intention Lessee’s commitment to pay for the repair of such damage totally at Tenant's Lessee’s expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor’s notice of the occurrence of such damagetermination.

Appears in 3 contracts

Samples: Lease Agreement (Parametric Sound Corp), Standard Industrial/Commercial Multi Tenant Lease (Overstock Com Inc), Lease Agreement (Overstock Com Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 3 contracts

Samples: Standard Industrial/Commercial Multi Tenant Lease (Homestead Com Inc), Standard Industrial/Commercial Multi Tenant Lease (Natural Alternatives International Inc), Lease Agreement (Homestead Com Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.49.4, 11.5, 9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at Tenant's Lessee’s expense), Landlord Lessor may at Landlord's Lessor’s option either (i) repair such damage as soon as reasonably possible at Landlord's Lessor’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of Landlord's Lessor’s intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of Landlord's Lessor’s intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of Tenant's Lessee’s intention to repair such damage at Tenant's expense Lessee’s expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 3 contracts

Samples: Standard Industrial Lease (TUTOR PERINI Corp), Standard Industrial Lease (Patriot Motorcycle Corp), Standard Industrial Lease (Patriot Motorcycle Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from LandlordLessor, in which Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Lease Agreement (Advanced Photonix Inc), Lease Agreement (K Swiss Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccures, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof with thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Lease Agreement (Arterial Vascular Engineering Inc), Lease Agreement (Arterial Vascular Engineering Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4subsections (d), 11.5, (e) and 11.6(f) below, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Partial Premises Damage or Partial Building Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's ’s expense), Landlord may at Landlord's ’s option either (i) repair such damage as soon as reasonably possible at Landlord's expense, ’s expense in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's ’s intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's ’s intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's ’s intention to repair such damage at Tenant's expense ’s expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant Xxxxxx shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period period, this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.

Appears in 2 contracts

Samples: Lease Agreement, Retail Lease

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.49.4, 11.5, 9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordXxxxxx's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantXxxxxx's intention to repair such damage at TenantXxxxxx's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 2 contracts

Samples: Lease Agreement (Specialty Laboratories), Lease Agreement (Kinetics Group Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if If at any time during the term of this Lease there is damage which Term the Premises are damaged by a casualty that is not an Insured Loss covered by insurance carried by Landlord and which falls within Landlord estimates that the classification of restoration time is estimated to be 12 months or less from the casualty date (“Premises Partial Damage”), unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense), Landlord may at Landlord's option either either: (i) repair such damage as soon as reasonably possible at Landlord's expenseexpense (subject to reimbursement pursuant to the Operating Expenses provisions), in which event this Lease shall continue in full force and effect, or (ii) give terminate this Lease by giving written notice to Tenant within thirty (30) 30 days after the date receipt by Landlord of knowledge of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of uninsured Premises Partial Damage. Such termination shall be effective 60 days following the date of the occurrence of such damagenotice. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) 10 days after the receipt of such the termination notice to give written notice to Landlord of Tenant's intention commitment to pay for the repair of such damage at Tenant's expense without reimbursement from Landlord, in which . Tenant shall provide Landlord with said funds or satisfactory assurance thereof within 30 days after making such commitment. In such event this Lease shall continue in full force and effect, and Tenant Landlord shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant does not give such notice within such ten (10) day period make the required commitment, this Lease shall be cancelled and terminated terminate as of the date specified in the termination notice. Premises Partial Damage due to flood or earthquake shall be subject to this subsection, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the occurrence of such damagerepairs if made by either Landlord or Tenant.

Appears in 2 contracts

Samples: Standard Industrial Multi Tenant Lease (iPower Inc.), Standard Industrial Multi Tenant Lease (iPower Inc.)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Lease Agreement (Starbase Corp), Lease Agreement (Objectshare Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at Tenant's expenseLessee’s expense and this Lease shall continue in full force and effect), Landlord . Lessor may at Landlord's option Lessor’s option, either (i) repair such damage as soon as reasonably possible at Landlord's Lessor’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of Landlord's intention Lessor’s desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of Landlord's Lessor’s intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of Tenant's intention Lessee’s commitment to pay for the repair of such damage totally at Tenant's Lessee’s expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor’s notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Lease Agreement (Emmaus Holdings, Inc.), Standard Industrial/Commercial Multi Tenant Lease (Emmaus Holdings, Inc.)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, 9.4,9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured insured Loss and which falls within the classification of Premises Partial Damage, Damage or Premises Building Partial Damage unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty Thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) day 10)-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.

Appears in 2 contracts

Samples: Office Lease Agreement (Advanced Media Inc), Assignment of Lease Agreement (Progressive Training, Inc.)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor or knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.Lease

Appears in 2 contracts

Samples: Lease Agreement (Centaur Pharmaceuticals Inc), Lease Agreement (Centaur Pharmaceuticals Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4Section 9.04, 11.5, 9.05 and 11.69.06 below, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's ’s expense), Landlord may at Landlord's ’s option either (i) repair such damage as soon as reasonably possible at Landlord's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's ’s intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's ’s intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's ’s intention to repair such damage at Tenant's expense ’s expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.

Appears in 2 contracts

Samples: Lease (Control4 Corp), Lease (Control4 Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably reasonable possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Lease Agreement (Consolidated Capital of North America Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Consolidated Capital of North America Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, 9.4,9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i1) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 2 contracts

Samples: Industrial Lease (Viper Networks Inc), Industrial Lease (Viper Networks Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act or omission of Tenant Lessee, or Lessee's employees, contractors, invitees, licensees or customers (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at Landlord's option either either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effecteffect (but subject to abatement of Rent pursuant to Paragraph 9.6), or (ii) give terminate this Lease by giving written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of the date knowledge of the occurrence of such damage. Such termination shall be effective sixty (60) days following the date of such notice. In the event Landlord Lessor elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such the termination notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage at Tenant's expense without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days after making such commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice within such ten (10) day period make the required commitment, this Lease shall be cancelled and terminated terminate as of the date of specified in the occurrence of such damagetermination notice.

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement (Marconi Corp PLC), Standard Industrial/Commercial Single Tenant Lease Net (Advanced Fibre Communications Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which is If Premises Partial Damage that Is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue In full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in In which event this Lease shall continue in full In lull force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention Intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage at Tenanttotally al Lessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible alter the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period this the times specified above, This Lease shall be cancelled and terminated terminate as of the date xxxx specified In Lessor's notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Lease Agreement (Amexdrug Corp), Lease Agreement (Amexdrug Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.412.4, 11.5, 12.5 and 11.612.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant Landlord shall make the repairs at Tenant's expense), Landlord may at Landlord's option either (i) repair such damage as soon as reasonably possible at Landlord's expense, expense in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effectefect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Lease Addendum (Gametech International Inc), Lease Agreement (Gametech International Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which the event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period in the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Lease Agreement (3dshopping Com), Standard Industrial/Commercial Multi Tenant Lease (Innovacom Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor or knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten thirty (1030) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Lease Agreement (Centaur Pharmaceuticals Inc), Standard Industrial/Commercial Multi Tenant Lease Gross (Centaur Pharmaceuticals Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice Lessor of Lessee's commitment to Landlord pay for the repair of Tenant's intention to repair such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Multi Tenant Lease (Intek Information Inc), Lease Agreement (Intek Information Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (iI) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written writ- ten notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice within such ten (10) day period and provide the funds or assurance thereof with- in the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc), Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effecteject, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date dale xxxcified in Lessor's notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Lease Agreement (Meade Instruments Corp), Lease Agreement (Meade Instruments Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.49.4, 11.5, 9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord . Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 2 contracts

Samples: Standard Industrial Lease (Micro Therapeutics Inc), Standard Industrial Lease (Supershuttle International Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at Tenantlessee's expenseexpense and this Lease shall continue in full force and effect), Landlord may Lessor may, at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated shad terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Multi Tenant Lease (Supergen Inc), Lease Agreement (Supergen Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor, may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant . Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant if Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the limes specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 2 contracts

Samples: Lease Agreement (Futon World Inc), Lease Agreement (Futon World Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4paragraphs 10.4, 11.5, 10.5 and 11.610.6, if at any time during the term Term of this Lease lease there is damage which is not an Insured Loss loss and which falls fails within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty fifteen (3015) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damagelease. In the event Landlord elects to Lessor shall give such notice of LandlordLessor's intention to cancel and terminate this Leaselease, Tenant Lessee shall have the right within ten fifteen (1015) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense without reimbursement from Landlordexpense, in which event this Lease lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) 15-day period this Lease lease shall be cancelled and terminated and Lessee shall have no further obligations or duties thereunder including the payment of rent as of the date of the occurrence of such damage.

Appears in 2 contracts

Samples: Industrial Lease (Strategic Diagnostics Inc/De/), Industrial Lease (Strategic Diagnostics Inc/De/)

Partial Damage - Uninsured Loss. (a) Subject to the provisions of Paragraphs 11.49.4, 11.59.5, and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured Loss insured loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage damage, of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. (b) Provided, however, that Lessor shall only have the right to terminate this Lease if the damage is greater than 5% of the then-replacement cost of the building or Premises, as applicable. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and an effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage, and the rental shall xxxxx.

Appears in 1 contract

Samples: Lease (Schein Pharmaceutical Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect. but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Sublease Agreement (Hawker Pacific Aerospace)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, If Premises Partial Damage occurs and 11.6, if at any time during the term of this Lease there is such damage which or destruction is not an Insured Loss and which falls within the classification of Premises Partial DamageLoss, then unless such damage or destruction was caused by a negligent or willful act misconduct of Tenant Lessee (in which the event Tenant Lessee shall make the repairs at TenantLessee's expense, except to the extent covered by applicable insurance proceeds, and this Lease shall continue in full force and effect,), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence nature of such damage the loss (i.e., uninsured vs. insured and partial vs. total) of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.repairs

Appears in 1 contract

Samples: Commercial Multi Tenant Lease (Cardiodynamics International Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.49.4, 11.5, 9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled and terminated as of the date xxxx of the occurrence of such damage.

Appears in 1 contract

Samples: Standard Industrial Lease (Microtel International Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.49.4, 11.5, 9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expenses, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant , if Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Standard Industrial Lease (Truetime Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, 9.4,9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within into the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Industrial Sub Lease (Oralabs Holding Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in fully force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this his Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from LandlordLessor, in which Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Net (Microtel International Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option option, either : (i) repair such damage as soon as reasonably possible of knowledge of such damage at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date of the occurrence of such damage.

Appears in 1 contract

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

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which is If Promises Partial Damage that Is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue In full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention Intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified In Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Laser Photonics Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.49.4, 11.5, 9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel cencel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expenses, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possiblepossoible. If Tenant Lessee does not give such notice within such ten (10) day -days period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Standard Industrial Lease (Imagemax Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord may Lessor may, at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Standard Industrial/Commercial Multi Tenant Lease (Chatcom Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under paragraph 13), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the time specified above, this Lease shall be cancelled and terminated as terminate of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Standard Industrial Lease (Titan Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord may Lessor may, at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease Lessee shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date of the occurrence of such damagespecified in Lessor's notice to terminate.

Appears in 1 contract

Samples: Standard Industrial Lease (L L Brown International Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.49.4, 11.5, 9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Standard Industrial Lease (Direct Focus Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at Landlord's option either either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give terminate this Lease by giving written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of the date knowledge of the occurrence of such damage. If Lessor shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. In the event Landlord Lessor elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such the termination notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage at Tenant's expense without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days after making such commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice within such ten (10) day period make the required commitment, this Lease shall be cancelled and terminated terminate as of the date of specified in the occurrence of such damagetermination notice.

Appears in 1 contract

Samples: Lease

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4Paragraph 9.4, 11.5, 9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Standard Industrial Lease (Two Dog Net Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant . Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Net (Farah Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.49.4, 11.5, 9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord . Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In , in the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant , if Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Lease Modification Agreement (Natural Gas Vehicle Systems Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at Tenant's expenseLessee’s expense and this Lease shall continue in full force and effect, but subject to Lessor’s rights under Paragraph 13), Landlord Lessor may at Landlord's option either Lessor’s option, either: (i) repair such damage as soon as reasonably possible at Landlord's Lessor’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of Landlord's intention Lessor’s desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of Landlord's Lessor’s intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of Tenant's intention Lessee’s commitment to pay for the repair of such damage totally at Tenant's Lessee’s expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee’s said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor’s notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Commercial Lease Agreement (Openwave Systems Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event event, this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of Knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Standard Industrial/Commercial Multi Tenant Lease (Ciphergen Biosystems Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by b a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of Landlord's Lessors intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (Navarre Corp /Mn/)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense), Landlord Lessor may at LandlordLessor's option either option, (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord even Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lease does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Liquid Audio Inc)

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Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at Landlordlessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possible, and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Microtel International Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from LandlordLessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment, in which such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Net (Deltagen Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is If a Premises Partial damage which that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a grossly negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damage. In notice in the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period this Lease shall be cancelled possible and terminated as of the date of the occurrence of such damage.required funds are

Appears in 1 contract

Samples: Lease Agreement (Phoenix International Life Sciences Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.49.4, 11.5, 9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Standard Industrial Lease (Valley Media Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of the knowledge of this occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Lmi Aerospace Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord may Lessor may, at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make made such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Staar Surgical Company)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4Section 9.04, 11.5, 9.05 and 11.69.06 below, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense), Landlord may at Landlord's option either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Industrial Lease (Rubicon Medical Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordXxxxxx's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantXxxxxx's intention commitment to pay for the repair of such damage totally at TenantXxxxxx's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Xxxxxx's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Prolong International Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.49.4, 11.5, 9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give given written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Standard Industrial Lease (Vantagemed Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damage, unless occurs [illegible] caused by a negligent or willful act of Tenant (Lessee in which event Tenant Lessee shall make the repairs at TenantXxxxxx's expense)expense and this Lease shall continue in full force and effect , Landlord but subject to Lessor's rights under Paragraph [illegible]. Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible [illegible] at LandlordLessor's expense, in which event this the Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordXxxxxx's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantXxxxxx's intention commitment to pay for the repair of such damage totally at TenantXxxxxx's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Xxxxxx's said commitment. In such event this Lease lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (BGF Industries Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from LandlordLessor, Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment, in which such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Headway Technologies Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4paragraphs 10.4, 11.5, 10.5 and 11.610.6, if at any time during the term Term of this Lease lease there is damage which is not an Insured Loss loss and which falls fails within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at Tenant's Lessee’s expense), Landlord Lessor may at Landlord's Lessor’s option either (i) repair such damage as soon as reasonably possible at Landlord's Lessor’s expense, in which event this Lease lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty fifteen (3015) days after the date of the occurrence of such damage of Landlord's Lessor’s intention to cancel and terminate this Lease, as of the date of the occurrence of such damagelease. In the event Landlord elects to Lessor shall give such notice of Landlord's Lessor’s intention to cancel and terminate this Leaselease, Tenant Lessee shall have the right within ten fifteen (1015) days after the receipt of such notice to give written notice to Landlord Lessor of Tenant's Lessee’s intention to repair such damage at Tenant's expense without reimbursement from LandlordLessee’s expense, in which event this Lease lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) 15-day period this Lease lease shall be cancelled and terminated and Lessee shall have no further obligations or duties thereunder including the payment of rent as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Industrial Lease (Strategic Diagnostics Inc/De/)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue In full force and effect, but subject to Lessor's ["rights" - word not readable due to hole punched in page] (under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event ["event" - word not readable due to hole punched in page] this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

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

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damage, unless circumstances caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damage. notice, In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from LandlordLessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee, in which In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of termination. only if the occurrence of such damage.damage or destination is

Appears in 1 contract

Samples: Standard Office Lease (Orange National Bancorp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageinsured loss occurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord . Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Interactive Flight Technologies Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at Tenant's Lessee’s expense), Landlord Lessor may at Landlord's option either either: (i) repair such damage as soon as reasonably possible at Landlord's Lessor’s expense, in which event this Lease shall continue in full force and effect, or (ii) give terminate this Lease by giving written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of the date knowledge of the occurrence of such damage. Lessor shall not terminate this Lease hereunder unless Lessor also terminates the leases of all other similarly-situated or similarly-affected Lessees. Such termination shall be effective thirty (30) days following the date of such notice. In the event Landlord Lessor elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such the termination notice to give written notice to Landlord Lessor of Tenant's intention Lessee’s commitment to pay for the repair of such damage at Tenant's expense without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days after making such commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice within such ten (10) day period make the required commitment, this Lease shall be cancelled and terminated terminate as of the date of specified in the occurrence of such damagetermination notice.

Appears in 1 contract

Samples: Commercial Lease (Wilshire Bancorp Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which It Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at Tenant's expenseLessee s expense and this Lease shall continue in full force and effect), Landlord Lessor may at Landlord's option Lessor s option, either (i) repair such damage as soon as reasonably possible at Landlord's Lessor s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty shiny (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of Tenant's intention Lessees commitment to pay for the repair of such damage totally at Tenant's Lessee s expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified In Lessor s notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Royal Canadian Foods Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord may Lessor may, at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate Terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Standard Industrial/Commercial Lease (Digital Bridge Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of Tenant's intention Lessees commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pacific Gulf Properties Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at Tenant's expenseLessees expense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (il) repair such damage as soon son as reasonably reasonable possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possible. If Tenant possible after the required funds are available, if Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Synbiotics Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant or any member of the Tenant Group (in which event Tenant shall make or pay Landlord for the repairs repairs, at TenantLandlord's expenseelection, and this Lease shall continue in full force and effect), Landlord may at Landlord's option option, either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty sixty (3060) days after the date receipt by Landlord of knowledge of the occurrence of such damage of Landlord's intention desire to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten five (105) days after the receipt of such notice to give written notice to Landlord of Tenant's intention commitment to pay for the repair of such damage totally at Tenant's expense and without reimbursement from Landlord, in which . Tenant shall provide Landlord with the required funds or satisfactory assurance thereof within fifteen (15) days following such commitment from Tenant. In such event this Lease shall continue in full force and effect, and Tenant Landlord shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant does not give such notice and provide the funds or assurance thereof within such ten (10) day period the time specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Landlord's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Commencement Date Agreement (Brainy Brands Company, Inc.)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless no less caused by a negligent or willful act of Tenant Lessee (in which event Tenant lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at Landlordlessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant lessee within thirty (30) days after the date receipt by lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of ninety (90) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this its Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of Tenantlessee's intention commitment to pay for the repair of such damage totally at Tenantlessee's expense and without reimbursement from Landlord, lessor. Lessee shall provide lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. in which such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant if Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Liuski International Inc /De)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6Section 9.5, if at any time during the term of this Lease hereof there is damage which is not an Insured Loss and which falls within the classification of Premises Property Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's ’s expense), Landlord may at Landlord's ’s option either (i) repair such damage as soon as reasonably possible at Landlord's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's ’s intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's ’s intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's ’s intention to repair such damage at Tenant's expense ’s expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlord.

Appears in 1 contract

Samples: Commercial Lease (Drugmax Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair such of such 11. damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the time specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Omnicell Com /Ca/)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten twenty (1020) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Modtech Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Dental Medical Diagnostic Systems Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Vitria Technology Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a the negligent or willful act of Tenant Lessee (in which event Tenant event, Lessee shall make the repairs at TenantLessee's expense), Landlord may at Landlord's option either (i) Lessor shall repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event expense and this Lease shall continue in full force and effect; provided, or (ii) give however, if the reasonably estimated cost of repairing the Premises Partial Damage that is not an Insured Loss exceeds $600,000.00, then the following shall apply: 9.3.1 Lessor may deliver to Lessee written notice of Lessor's intention to Tenant terminate the Lease. In order to be effective, Lessor's notice of termination must be delivered to Lessee within thirty (30) -days after the date following receipt by Lessor of knowledge of the occurrence of such damage the Premises Partial Damage that is not an Insured Loss. 9.3.2 If, within 30 days following receipt by Lessee of LandlordLessor's notice of intention to cancel and terminate this Leaseterminate, as Lessee delivers to Lessor written notice of Lessee's commitment to pay the cost of the date repair in excess of $600,000.00, then the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense without reimbursement from Landlord, in which event this Lease shall continue remain in full force and effecteffect and Lessor shall cause the repair to be accomplished and Lessor shall pay the first $600,000.00 of the cost of such repair and Lessee shall pay for all costs of repair in excess of $600,000.00. 9.3.3 If, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) the 30-day period this following delivery to Lessee of Lessor's notice of termination, Lessee fails to deliver written notice of Lessee's commitment to pay for repair costs in excess of $600,000.00, then, upon the expiration of the 30-day period, the Lease shall be cancelled and terminated as of the date of the occurrence of such damageterminate.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Net (Agouron Pharmaceuticals Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord may Lessor may, at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordXxxxxx's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantXxxxxx's intention commitment to pay for the repair of such damage totally at TenantXxxxxx's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Xxxxxx's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date of the occurrence of such damagespecified in Lessor's notice to termination.

Appears in 1 contract

Samples: Lease Agreement (Intest Corp)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (iI) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Gross (Simpson Manufacturing Co Inc /Ca/)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from LandlordLessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event, in which event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Compgeeks Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4paragraphs 10.4, 11.5, 10.5 and 11.610.6, if at any time during the term Term of this Lease there is damage which is not an Insured Loss and which falls fails within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty fifteen (3015) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease. In the event Lessor shall give such notice of Lessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten fifteen (1015) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense without reimbursement from Landlordexpense, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) 15-day period this Lease shall be cancelled and terminated and Lessee shall have no further obligations or duties thereunder including the payment of rent as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Industrial Lease (Strategic Diagnostics Inc/De/)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Promises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date of the occurrence of such damagespecified in Lessor's notice termination.

Appears in 1 contract

Samples: Lease Agreement (Doskocil Manufacturing Co Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lease shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from LandlordLessor, in which Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant Lessee does not give such notice and provide the funds of assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Software Technologies Corp/)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageinsured loss occurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in to full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Intellisys Group Inc)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of Landlord's Lessors intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to commitment lo pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Lease Agreement (Advanced Aerodynamics & Structures Inc/)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.4, 11.5, and 11.6, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageloss occurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expenseexpense and this Lease shall continue in full force and effect), Landlord Lessor may at LandlordLessor's option option, either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease, the Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention commitment to pay for the repair of such damage totally at TenantLessee's expense and without reimbursement from Landlord, in which Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such ten (10) day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.

Appears in 1 contract

Samples: Sublease Agreement (Premium Cigars International LTD)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.49.4, 11.5, 9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within into the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Stock Purchase Agreement (99 Cents Only Store)

Partial Damage - Uninsured Loss. Subject to the provisions of Paragraphs 11.49.4, 11.5, 9.5 and 11.69.6, if at any time during the term of this Lease there is damage which is not an Insured insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as at reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Standard Industrial Lease (Dental Medical Diagnostic Systems Inc)

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