Common use of Partial Damage - Uninsured Clause in Contracts

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4, if at 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 8.2, Lessor may at Lessor'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 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 reasonably possible. If Lessee does not give such notice within such 10-day period this lease shall be cancelled and terminated as of the date of the occurrence of such damage. insurance required to be maintained by Lessor pursuant to Paragraph 8.2 (including any total destruction required by any authorized public authority) this Lease shall automatically terminate as of the date of such total destruction.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4Paragraph 7.3, if at any time during the term hereof the Leased Premises are damagedsuffer Partial Damage, except by a negligent or willful act of Lessee (in which event Lessee shall make the repairsTenant, at its expense) and such damage Partial Damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2Article VI, Lessor Landlord may at LessorLandlord's option either (ia) repair such damage Partial Damage as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect effect, or (iib) give written notice to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage Partial Damage of LessorLandlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage in Partial Damage. In the event Lessor Landlord elects to give such notice of LessorLandlord's intention to cancel and terminate this Lease. Lessee , Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of LesseeTenant's intention to repair such damage Partial Damage at LesseeTenant's expense expense, without reimbursement from LessorLandlord, in which event this Lease shall continue in full force and effect effect, and Lessee Tenant shall proceed to make such repairs as soon as reasonably possible. If Lessee Tenant does not give such notice within such ten (10-) day period this lease Lease shall be cancelled and terminated as of the date of the occurrence of such damage. insurance required to be maintained by Lessor pursuant to Paragraph 8.2 (including any total destruction required by any authorized public authority) this Lease shall automatically terminate as of the date of such total destructionPartial Damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4, if at any time during the term Term hereof the Premises are damagedsubstantially damaged so as to materially affect Tenant's use, except by a negligent or willful act of Lessee Tenant (in which event Lessee Tenant shall make the repairs, 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 8.28.1, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease Landlord 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 damage, of LessorLandlord's intention to either a) repair such damage as soon as reasonably possible at Landlord's expense (but no later than one hundred fifty (150) days from the date the damage occurred), in which event this Lease shall continue in full force and effect, or (b) cancel and terminate this Lease as of the date of the occurrence of such damage in damage. In the event Lessor Landlord elects to give such notice of LessorLandlord's intention to cancel and terminate this Lease. Lessee , Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of LesseeTenant's intention to repair such damage at LesseeTenant's expense expense, without reimbursement from LessorLandlord, in which event this Lease shall continue in full force and effect effect, and Lessee Tenant shall proceed to make such repairs as soon as reasonably possible. If Lessee Tenant does not give such notice within such ten (10-) day period period, this lease Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. insurance required to be maintained by Lessor pursuant to Paragraph 8.2 (including any total destruction required by any authorized public authority) this Lease shall automatically terminate as of the date of such total destruction.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 13.3 and 9.413.4, if at 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 (in which event Lessee shall make the repairs, at its expense) 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 8.2Paraxxxxx 00.0, Lessor may Xxxxxxxx xxx at LessorLandlord's option either (ia) repair such damage as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect 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 damage. In the event Lessor elects to give Landlord gives such 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 expense without reimbursement from Lessorless only the amount of insurance proceeds, if any, received by Landlord, in which event the notice of termination shall be ineffective and this Lease shall continue in full force and effect effect, and Lessee Landlord shall proceed to make such repairs as soon as reasonably possible. If Lessee Tenant does not give such notice within such ten (10-) day period this lease Lease shall be cancelled and terminated as of the date of the occurrence of such damage. insurance required to be maintained by Lessor pursuant to Paragraph 8.2 (including any total destruction required such notice of termination by any authorized public authority) this Lease shall automatically terminate as of the date of such total destructionLandlord.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and Paragraph 9.4, if at any time anytime during the term hereof the Leased Premises are damaged, except by a negligent or willful act of Lessee (in which event Lessee shall make the repairsLessee, 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 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 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 damage. In the event Lessor elects to give such notice 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 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 reasonably reasonable possible. If Lessee does not give such notice within such 10-day period this lease Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. insurance required to be maintained by Lessor pursuant to Paragraph 8.2 (including any total destruction required by any authorized public authority) this Lease shall automatically terminate as of the date of such total destruction.

Partial Damage - Uninsured. Subject to In the provisions of Paragraphs 9.3 and 9.4, if at any time during event the term hereof the Leased Premises are damaged, except by a negligent or willful act or omission of Lessee (in which event Lessee shall make the repairsTenant, at its expense) and such damage was caused by a any casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.29 hereof, Lessor may then Landlord may, at LessorLandlord's option option, either (ia) repair such damage damages as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect force, or (iib) give written notice to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage of LessorLandlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage in the damage. In the event Lessor Landlord elects to give such notice of Lessor's intention to cancel and terminate this Lease. Lessee Lease pursuant to this Paragraph 10(b), Tenant shall have the right within ten (10) days after the receipt of such the required notice to give written notice to Lessor notify Landlord in writing of LesseeTenant's intention to repair such damage at LesseeTenant's expense expense, without reimbursement from LessorLandlord, in which event this Lease shall continue in full force and effect effect, and Lessee Tenant shall proceed to make such repairs as soon as reasonably possible. If Lessee Tenant does not give such notice within such the ten (10-) day period period, this lease Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. insurance required to be maintained by Lessor pursuant to Paragraph 8.2 (including any total destruction required by any authorized public authority) this Lease shall automatically terminate as of the date of such total destruction.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4, if If at any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee TENANT (in which event Lessee TENANT shall promptly 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 8.2the DISTRICT, Lessor DISTRICT may at Lessor's DISTRICT'S option either (i) repair such damage as soon as reasonably possible practicable at Lessor's DISTRICT'S expense, in which event this Lease shall continue in full force and effect 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 DISTRICT'S intention to cancel and terminate this Lease as of the date of the occurrence of such damage in damage. In the event Lessor DISTRICT elects to give such notice of Lessor's DISTRICT'S intention to cancel and or terminate this Lease. Lessee , TENANT shall have the right within ten thirty (1030) days after the receipt of such notice to give written notice to Lessor DISTRICT of Lessee's TENANT'S intention to repair such damage at Lessee's expense TENANT'S expense, without reimbursement from LessorDISTRICT, in which event this Lease shall continue in full force and effect and Lessee TENANT shall proceed to make such repairs as soon as reasonably possible. If Lessee TENANT does not give such notice within such 1030-day period period, this lease Lease shall be cancelled canceled and terminated effective as of the date of the occurrence of such damage. insurance required to be maintained by Lessor pursuant to Paragraph 8.2 (including any total destruction required by any authorized public authority) this Lease shall automatically terminate as of the date of such total destruction.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4, if at any time during the term Term hereof the Premises are damageddamaged where the cost to repair such damage exceeds $25,000, except by a negligent or willful act of Lessee Tenant (in which event Lessee Tenant shall make the repairs, 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 8.28.1, Lessor Landlord may at LessorLandlord's option either (ia) repair such damage as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect effect, or (iib) give written notice to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage of LessorXxxxxxxx's intention to cancel and terminate this Lease as of the date of the occurrence of such damage in damage. In the event Lessor Landlord elects to give such notice of LessorLandlord's intention to cancel and terminate this Lease. Lessee , Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of LesseeTenant's intention to repair such damage at LesseeTenant's expense expense, without reimbursement from LessorLandlord, in which event this Lease shall continue in full force and effect effect, and Lessee Tenant shall proceed to make such repairs as soon as reasonably possible. If Lessee Tenant does not give such notice within such ten (10-) day period period, this lease Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. insurance required to be maintained by Lessor pursuant to Paragraph 8.2 (including any total destruction required by any authorized public authority) this Lease shall automatically terminate as of the date of such total destruction.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4, if at any time during the term hereof the Premises are XXXXXXXXX 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 8.28.3, Lessor may at Lessor's option either (ieither(a) 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 (iieffect, or(b) give written notice to Lessee within thirty (30thirty(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 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 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 reasonably possible. If Lessee does not give such notice within such 10-day period this lease Lease shall be cancelled and terminated as of the date of the occurrence of such damage. insurance required to be maintained by Lessor pursuant to Paragraph 8.2 (including any total destruction required by any authorized public authority) this Lease shall automatically terminate as of the date of such total destruction.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 13.3 and 9.413.4, if at 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 (in which event Lessee shall make the repairs, at its expense) 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 LessorLandlord's option either (ia) repair such damage as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect 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 damage. In the event Lessor elects to give Landlord gives such 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 expense without reimbursement from Lessorless only the amount of insurance proceeds, if any, received by Landlord, in which event the notice of termination shall be ineffective and this Lease shall continue in full force and effect effect, and Lessee Landlord shall proceed to make such repairs as soon as reasonably possible. If Lessee Tenant does not give such notice within such ten (10-) day period this lease Lease shall be cancelled and terminated as of the date of the occurrence of such damage. insurance required to be maintained by Lessor pursuant to Paragraph 8.2 (including any total destruction required such notice of termination by any authorized public authority) this Lease shall automatically terminate as of the date of such total destructionLandlord.

Partial Damage - Uninsured. Subject to In the provisions of Paragraphs 9.3 and 9.4, if at any time during the term hereof event the Premises are partially 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 any casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2this Lease, then Lessor may may, at Lessor's option either (ieither: 1) repair 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 (iieffect, with out any abatement of rent, or, 2) give Give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of LessorXxxxxx's intention election to cancel and terminate this Lease as of the date of the occurrence of such damage in the damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease. Lease pursuant to this paragraph, Lessee shall have the right within ten (10) days after the receipt of such the required notice to give written notice to notify Lessor in writing of LesseeXxxxxx's intention to repair such damage at LesseeXxxxxx's expense 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 reasonably possible. If Lessee does not give such notice within such the ten (10-) day period period, this lease Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. insurance required to be maintained by Lessor pursuant to Paragraph 8.2 (including any total destruction required by any authorized public authority) this Lease shall automatically terminate as of the date of such total destruction.