Common use of Partial Damage - Uninsured Clause in Contracts

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.4, if at anytime during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee, and such damage was caused by a casualty not covered under an insurance policy maintained by Lessor pursuant to Paragraph 8.2, Lessor may at Lessor’s option (i) repair such damage as soon as reasonably possible at Lessor’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice of Lessor’s intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s intention to repair such damage at Lessee’s expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Appears in 3 contracts

Samples: Lease (Local Matters Inc.), Lease (Local Matters Inc.), Lease (Local Matters Inc.)

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Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.4------------------------ Paragraphs 13.3 and 13.4, if at anytime any time during the term hereof the Premises or the Building, as the case may be, are damageddamaged and the proceeds received by Landlord are not sufficient to repair such damage, except by a negligent or willful act of Lessee, and such damage was caused by a an act or casualty not covered under an insurance policy required to be maintained by Lessor Landlord pursuant to Paragraph 8.2Xxxxxxxxx 00.0, Lessor Xxxxxxxx may at Lessor’s Landlord's option either (ia) repair such damage as soon as reasonably possible at Lessor’s Landlord's expense, in which event this Lease shall continue in full force and effect, or (iib) give written notice of termination of this Lease to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage damage, with the effective date of Lessor’s intention such termination to cancel and terminate this Lease as of be the date of the occurrence of such damage. In the event Lessor elects to give Landlord gives such Notice notice of Lessor’s intention to cancel and terminate termination of this Lease, Lessee Tenant shall have the right right, within ten (10) days after the receipt of such notice notice, to give written notice agree in writing on a basis satisfactory to Lessor Landlord to pay for the entire cost of Lessee’s intention to repair repairing such damage at Lessee’s expenseless only the amount of insurance proceeds, without reimbursement from Lessorif any, received by Landlord, in which event the notice of termination shall be ineffective and this Lease shall continue in full force and effect, and Lessee Landlord shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee Tenant does not give such notice within such ten (10-) day period this Lease shall be canceled and terminated as pursuant to such notice of the date of the occurrence of such damagetermination by Landlord.

Appears in 2 contracts

Samples: Covad Communications Group Inc, Covad Communications Group Inc

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.4, Paragraphs 9.3 and 9.4 if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee, Lessee (in which event Lessee shall make the repairs at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2, . Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In damage in the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, . Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, effect and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Appears in 2 contracts

Samples: Imarx Therapeutics Inc, Imarx Therapeutics Inc

Partial Damage - Uninsured. Subject to the provisions of Paragraph Paragraphs 9.3 and 9.4, if at anytime any time during the term hereof the Premises are damaged, damaged except by a negligent or willful act of Lessee, Lessee (in which event Lessee shall make the repairs at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2, Lessor may at Lessor’s 's option either (ia) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (iib) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lease Lessee shall have the right within ten (10l0) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, effect and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such ten (10-) day period period, this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Industrial Lease (Antennas America Inc)

Partial Damage - Uninsured. Subject to the provisions of Paragraph Paragraphs 9.3 and 9.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of LesseeLessee (in which event Lessee shall make the repairs, at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2, Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of to Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damagedamaged. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from form Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Industrial Lease (Antennas America Inc)

Partial Damage - Uninsured. Subject to the provisions of Paragraph Paragraphs 9.3 and 9.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of LesseeLessee (in which event Lessee shall make the repairs, at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2, Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Industrial Lease (Rosetta Inpharmatics Inc)

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee, and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.28.3, Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such 10-10 day period period, this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Industrial Lease (J&j Snack Foods Corp)

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.4-------------------------- 8.3, if at anytime any time during the term hereof the Premises are damaged, damaged except by a negligent or willful act of Lessee, and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.27.2, Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such ten (10-) day period this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Lease (Iown Holdings Inc)

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee, and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor lessor pursuant to Paragraph 8.2Paragraph8.2, Lessor may at Lessor’s 's option either (iI) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (iiII) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Diamond Entertainment Corp

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.4in Paragraphs 8.3 and 8.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of LesseeLessee (in which event Lessee shall make the repairs, at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.27.2, Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such written notice within such 10-day period this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Printpack Inc

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Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.3 and 9.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of LesseeLessee (in which event Lessee shall make the repairs, at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2, Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Industrial Lease (Organic Food Products Inc)

Partial Damage - Uninsured. Subject to the provisions of Paragraph Paragraphs 9.3 and 9.4, if at anytime during the term hereof the Premises are damaged, except by a negligent or willful act of LesseeTenant (in which event Tenant shall make the repairs at its expense), and such damage was caused by a casualty not covered under an insurance policy maintained by Lessor pursuant to Paragraph 8.2, Lessor Landlord may at Lessor’s Landlord's option either (i) repair such damage as soon as reasonably possible at Lessor’s Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage of Lessor’s Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor Landlord elects to give such Notice notice of Lessor’s Landlord's intention to cancel and terminate this Lease, Lessee Lease Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of Lessee’s Tenant's intention to repair such damage at Lessee’s Tenant's expense, without reimbursement from LessorLandlord, in which event this Lease shall continue in full force and effect, and Lessee Tenant shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee Tenant does not give such notice within such ten (10-) day period period, this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Industrial Lease (Hansen Natural Corp)

Partial Damage - Uninsured. Subject to the provisions of Paragraph Paragraphs 9.3 and 9.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of LesseeLessee (in which event Lessee shall make the repairs, at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2, Lessor may at Lessor’s option 's option, either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, effect or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Rosetta Inpharmatics Inc

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.48.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee, and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2, 7.2. Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such ten (10-) day period period, this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Pacific Crest Capital Inc

Partial Damage - Uninsured. Subject to the provisions of Paragraph Paragraphs 9.3 and 9.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of LesseeLessee (in which event Lessee shall make the repairs, at its expense) and such damage was caused by a casualty not covered under an insurance policy maintained by Lessor pursuant to Paragraph 8.2, Lessor. Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage, and neither party shall have further right or obligations hereunder.

Appears in 1 contract

Samples: Industrial Lease (Antennas America Inc)

Partial Damage - Uninsured. Subject to the provisions of Paragraph Paragraphs 9.3 and 9.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee, (in which event Lessee shall make the repairs at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.28.3, Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, effect or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice of Lessor’s 's intention to cancel and terminate this Lease, . Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, effect and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such ten (10-) day period period, this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Assignment of Lease (Viador Inc)

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