Common use of Partial Damage - Uninsured Clause in Contracts

Partial Damage - Uninsured. If at any time during the term hereof the Premises are damaged, except by a negligent or willful act of TENANT (in which event TENANT shall promptly make the repairs, at its expense), and such damage was caused by a casualty not covered under an insurance policy maintained by the DISTRICT, DISTRICT may at DISTRICT'S option either (i) repair such damage as soon as reasonably practicable at DISTRICT'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 DISTRICT'S intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event DISTRICT elects to give such notice of DISTRICT'S intention to cancel or terminate this Lease, TENANT shall have the right within thirty (30) days after the receipt of such notice to give written notice to DISTRICT of TENANT'S intention to repair such damage at TENANT'S expense, without reimbursement from DISTRICT, 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 30-day period, this Lease shall be canceled and terminated effective as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Lease Agreement

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Partial Damage - Uninsured. If Subject to the provisions of 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 TENANT (in which event TENANT shall promptly make the repairs, at its expense)Lessee, and such damage was caused by a casualty not covered under an insurance policy required to be maintained by the DISTRICTLessor pursuant to Paragraph 8.2, DISTRICT Lessor may at DISTRICT'S Lessor's option either (i) repair such damage as soon as reasonably practicable possible at DISTRICT'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 DISTRICT'S Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event DISTRICT Lessor elects to give such notice Notice of DISTRICT'S Lessor's intention to cancel or and terminate this Lease, TENANT Lessee shall have the right within thirty ten (3010) days after the receipt of such notice to give written notice to DISTRICT Lessor of TENANT'S Lessee's intention to repair such damage at TENANT'S Lessee's expense, without reimbursement from DISTRICTLessor, in which event this Lease shall continue in full force and effect effect, and TENANT Lessee shall proceed to make such repairs as soon as reasonably reasonable possible. If TENANT Lessee does not give such notice within such 3010-day period, period this Lease shall be canceled and terminated effective as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Colorado Business Bankshares Inc

Partial Damage - Uninsured. If Subject to the provisions of Paragraphs 13.3 and 13.4, 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 TENANT (in which event TENANT shall promptly 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 the DISTRICTLandlord pursuant to Paraxxxxx 00.0, DISTRICT may Xxxxxxxx xxx at DISTRICT'S Landlord's option either (ia) repair such damage as soon as reasonably practicable possible at DISTRICT'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 TENANT Tenant within thirty (30) days after the date of the occurrence of such damage damage, with the effective date of DISTRICT'S intention such termination to cancel and terminate this Lease as of be the date of the occurrence of such damage. In the event DISTRICT elects to give Landlord gives such notice of DISTRICT'S intention to cancel or terminate termination of this Lease, TENANT Tenant shall have the right right, within thirty ten (3010) days after the receipt of such notice notice, to give written notice agree in writing on a basis satisfactory to DISTRICT Landlord to pay for the entire cost of TENANT'S intention to repair repairing such damage at TENANT'S expenseless only the amount of insurance proceeds, without reimbursement from DISTRICTif 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 TENANT Landlord shall proceed to make such repairs as soon as reasonably possible. If TENANT Tenant does not give such notice within such 30-ten (10) day period, period this Lease shall be canceled and terminated effective as pursuant to such notice of the date of the occurrence of such damagetermination by Landlord.

Appears in 1 contract

Samples: Nextcard Inc

Partial Damage - Uninsured. If 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 TENANT Lessee, (in which event TENANT Lessee 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 the DISTRICTpursuant to Paragraph 8.3, DISTRICT Lessor may at DISTRICT'S Lessor's option either (ieither(a) repair such damage as soon as reasonably practicable possible at DISTRICT'S Lessor's expense, in which event this Lease shall continue in full force and effect, or (iior(b) give written notice to TENANT Lessee within thirty (30thirty(30) days after the date of the occurrence of such damage of DISTRICT'S Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event DISTRICT Lessor elects to give such notice of DISTRICT'S Lessor's intention to cancel or and terminate this Lease, TENANT Lessee shall have the right within thirty ten (3010) days after the receipt of such notice to give written notice to DISTRICT Lessor of TENANT'S Lessee's intention to repair such damage at TENANT'S Lessee's expense, without reimbursement from DISTRICTLessor, 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 3010-day period, period this Lease shall be canceled cancelled and terminated effective as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Industrial Lease (Conceptus Inc)

Partial Damage - Uninsured. If 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 TENANT Lessee (in which event TENANT Lessee shall promptly 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 the DISTRICT, DISTRICT pursuant to Paragraph 8.2. Lessor may at DISTRICT'S Lessor's option either (i) repair such damage as soon as reasonably practicable possible at DISTRICT'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 DISTRICT'S Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event DISTRICT Lessor elects to give such notice of DISTRICT'S Lessor's intention to cancel or and terminate this Lease, TENANT . Lessee shall have the right within thirty ten (3010) days after the receipt of such notice to give written notice to DISTRICT Lessor of TENANT'S Lessees intention to repair such damage at TENANT'S expense, Lessees expense without reimbursement from DISTRICTLessor, 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 3010-day period, period this Lease shall be canceled cancelled and terminated effective as of the date of the occurrence of such damage.

Appears in 1 contract

Samples: Imarx Therapeutics Inc

Partial Damage - Uninsured. If Subject to the provisions of Paragraphs 8.3 and 8.4, if at any time during the term hereof the Premises are damaged, except by a negligent or willful act of TENANT Lessee (in which event TENANT Lessee 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 the DISTRICTLessor pursuant to Paragraph 8.2, DISTRICT Lessor may at DISTRICT'S Lessor's option either (i) repair such damage as soon as reasonably practicable possible at DISTRICT'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 DISTRICT'S Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In , in the event DISTRICT Lessor elects to give such notice of DISTRICT'S Lessor's intention to cancel or and terminate this Lease, TENANT Lessee shall have the right within thirty ten (3010) days after the receipt of such notice to give written notice to DISTRICT Lessor of TENANT'S Lessee's intention to repair such damage at TENANT'S Lessee's expense, without reimbursement from DISTRICTLessor, in which event this Lease shall continue in full force and effect 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 3010-day period, this Lease shall be canceled cancelled and terminated effective as of the date of the occurrence of such damage.. Initials: /s/ AUTHORIZED INITIALS ----------------- /s/ AUTHORIZED INITIALS ----------------- /s/ JCK -----------------

Appears in 1 contract

Samples: Uti Corp

Partial Damage - Uninsured. If 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 TENANT Tenant (in which event TENANT Tenant shall promptly 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 the DISTRICTpursuant to Paragraph 8.1, DISTRICT Landlord may at DISTRICT'S Landlord's option either (ia) repair such damage as soon as reasonably practicable possible at DISTRICT'S Landlord's expense, in which event this Lease shall continue in full force and effect, or (iib) give written notice to TENANT Tenant within thirty (30) days after the date of the occurrence of such damage of DISTRICT'S Xxxxxxxx's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event DISTRICT Landlord elects to give such notice of DISTRICT'S Landlord's intention to cancel or and terminate this Lease, TENANT Tenant shall have the right within thirty ten (3010) days after the receipt of such notice to give written notice to DISTRICT Landlord of TENANT'S Tenant's intention to repair such damage at TENANT'S Tenant's expense, without reimbursement from DISTRICTLandlord, in which event this Lease shall continue in full force and effect effect, and TENANT Tenant shall proceed to make such repairs as soon as reasonably possible. If TENANT Tenant does not give such notice within such 30-ten (10) day period, this Lease shall be canceled and terminated effective as of the date of the occurrence of such damage.. 9.3

Appears in 1 contract

Samples: Industrial Lease Dated (Hansen Natural Corp)

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Partial Damage - Uninsured. If 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 TENANT Lessee (in which event TENANT Lessee 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 the DISTRICTLessor pursuant to Paragraph 8.2, DISTRICT Lessor may at DISTRICT'S Lessor's option either (i) repair such damage as soon as reasonably practicable possible at DISTRICT'S Lessor's expense, in which event this Lease shall continue in full force and effect, effect or (ii) give written notice to TENANT Lessee within thirty (30) days after the date of the occurrence of such damage of DISTRICT'S Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In damage in the event DISTRICT Lessor elects to give such notice of DISTRICT'S Lessor's intention to cancel or and terminate this Lease, TENANT . Lessee shall have the right within thirty ten (3010) days after the receipt of such notice to give written notice to DISTRICT Lessor of TENANT'S Lessee's intention to repair such damage at TENANT'S expense, Lessee's expense without reimbursement from DISTRICTLessor, 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 3010-day period, period this Lease lease shall be canceled cancelled 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.

Appears in 1 contract

Samples: First Aviation Services Inc

Partial Damage - Uninsured. If Subject to the provisions of ------------------------ Paragraphs 15.3 and 15.4, if at any time during the term hereof the Premises 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 TENANT (in which event TENANT shall promptly 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 the DISTRICTLandlord pursuant to Paragraph 14.2(a), DISTRICT Landlord may at DISTRICT'S Landlord's option either (ia) repair such damage as soon as reasonably practicable possible at DISTRICT'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 TENANT Tenant within thirty (30) days after the date of the occurrence of such damage damage, with the effective date of DISTRICT'S intention such termination to cancel and terminate this Lease as of be the date of the occurrence of such damage. In the event DISTRICT elects to give Landlord gives such notice of DISTRICT'S intention to cancel or terminate termination of this Lease, TENANT Tenant shall have the right right, within thirty ten (3010) days after the receipt of such notice notice, to give written notice agree in writing on a basis satisfactory to DISTRICT Landlord to pay for the entire cost of TENANT'S intention to repair repairing such damage at TENANT'S expenseless only the amount of insurance proceeds, without reimbursement from DISTRICTif 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 TENANT Landlord shall proceed to make such repairs as soon as reasonably possible. If TENANT Tenant does not give such notice within such 30-ten (10) day period, period this Lease shall be canceled and terminated effective as pursuant to such notice of the date of the occurrence of such damagetermination by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Measurement Specialties Inc)

Partial Damage - Uninsured. If Subject to the provisions of Paragraph 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 TENANT (in which event TENANT shall promptly make the repairs, at its expense)Tenant, and such damage Partial Damage was caused by a casualty not covered under an insurance policy required to be maintained by the DISTRICTpursuant to Article VI, DISTRICT Landlord may at DISTRICT'S Landlord's option either (ia) repair such damage Partial Damage as soon as reasonably practicable possible at DISTRICT'S Landlord's expense, in which event this Lease shall continue in full force and effect, or (iib) give written notice to TENANT Tenant within thirty (30) days after the date of the occurrence of such damage Partial Damage of DISTRICT'S Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damagePartial Damage. In the event DISTRICT Landlord elects to give such notice of DISTRICT'S Landlord's intention to cancel or and terminate this Lease, TENANT Tenant shall have the right within thirty ten (3010) days after the receipt of such notice to give written notice to DISTRICT Landlord of TENANT'S Tenant's intention to repair such damage Partial Damage at TENANT'S Tenant's expense, without reimbursement from DISTRICTLandlord, in which event this Lease shall continue in full force and effect effect, and TENANT Tenant shall proceed to make such repairs as soon as reasonably possible. If TENANT Tenant does not give such notice within such 30-ten (10) day period, period this Lease shall be canceled cancelled and terminated effective as of the date of the occurrence of such damagePartial Damage.

Appears in 1 contract

Samples: Hawker Pacific Aerospace

Partial Damage - Uninsured. If Subject to the provisions of Paragraphs 13.3 and 13.4, 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 TENANT (in which event TENANT shall promptly 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 the DISTRICTLandlord pursuant to Xxxxxxxxx 00.0, DISTRICT Xxxxxxxx may at DISTRICT'S Landlord's option either (ia) repair such damage as soon as reasonably practicable possible at DISTRICT'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 TENANT Tenant within thirty (30) days after the date of the occurrence of such damage damage, with the effective date of DISTRICT'S intention such termination to cancel and terminate this Lease as of be the date of the occurrence of such damage. In the event DISTRICT elects to give Landlord gives such notice of DISTRICT'S intention to cancel or terminate termination of this Lease, TENANT Tenant shall have the right right, within thirty ten (3010) days after the receipt of such notice notice, to give written notice agree in writing on a basis satisfactory to DISTRICT Landlord to pay for the entire cost of TENANT'S intention to repair repairing such damage at TENANT'S expenseless only the amount of insurance proceeds, without reimbursement from DISTRICTif 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 TENANT Landlord shall proceed to make such repairs as soon as reasonably possible. If TENANT Tenant does not give such notice within such 30-ten (10) day period, period this Lease shall be canceled and terminated effective as pursuant to such notice of the date of the occurrence of such damagetermination by Landlord.

Appears in 1 contract

Samples: Adept Technology Inc

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