Common use of Partial Damage - Uninsured Clause in Contracts

Partial Damage - Uninsured. In the event the improvements on the Premises are damaged, except by a negligent or willful act or omission of Tenant, by any casualty not covered under an insurance policy required to be maintained pursuant to Section 12.2, then Landlord may, at Landlord's option, either (a) 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 (b) give written notice to Tenant within thirty (30) days after the date of occurrence of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of the damage. In the event Landlord elects to terminate this Lease pursuant to this Section 13.2, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing 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 ten (10) day period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage. See Paragraph #24.

Partial Damage - Uninsured. In the event the improvements on the Premises are damaged, except by a negligent or willful act or omission of Tenant, by any casualty not covered under an insurance policy required to be maintained pursuant to Section 12.212B, then Landlord may, at Landlord's option, either (a) 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 (b) give written notice to Tenant within thirty (30) days after the date of occurrence of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of the damage. In the event Landlord elects to terminate this Lease pursuant to this Section 13.213B, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing 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 the ten (10) day period, this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. See Paragraph #24.

Partial Damage - Uninsured. In Subject to the event provisions of Paragraphs 9.3 and 9.4, if at any time during the improvements on Term hereof the Premises are damagedsubstantially damaged so as to materially affect Tenant's use, except by a negligent or willful act or omission of TenantTenant (in which event Tenant shall make the repairs at its expense), and such damage was caused by any a casualty not covered under an insurance policy required to be maintained pursuant to Section 12.2Paragraph 8.1, then Landlord mayshall give written notice to Tenant, at within thirty (30) days after the date of the occurrence of such damage, of Landlord's option, intention to either (a) repair such damage as soon as reasonably possible at Landlord's expenseexpense (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) give written notice to Tenant within thirty (30) days after the date of occurrence of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of the such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease pursuant to this Section 13.2Lease, Tenant shall have the right within ten (10) days after the receipt of the required such notice to notify give written notice to Landlord in writing 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 canceled and terminated as of the date of the occurrence of such damage. See Paragraph #24.

Partial Damage - Uninsured. In Subject to the event provisions of Paragraphs 9.3 and 9.4, if at any time during the improvements on Term hereof the Premises are damaged, except by a negligent or willful act or omission of TenantTenant (in which event Tenant shall make the repairs at its expense), and such damage was caused by any a casualty not covered under an insurance policy required to be maintained pursuant to Section 12.2Paragraph 8.1, then Landlord may, at Landlord's option, either (a) repair such damage as xxxxxx xxxx xxxxxx xx soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (b) give written notice to Tenant Tenant, within thirty (30) days after the date of the occurrence of such damage damage, of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of the such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease pursuant to this Section 13.2Lease, Tenant shall have the right within ten (10) days after the receipt of the required such notice to notify give written notice to Landlord in writing 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 canceled and terminated as of the date of the occurrence of such damage. See Paragraph #24.

Partial Damage - Uninsured. In Subject to the event provisions of Section 9.4, if at any time during the improvements on term hereof the Premises are is damaged, except by a negligent or willful act or omission of Tenant, such damage was caused by any a casualty not covered under an insurance policy required to be maintained by Tenant pursuant to Section 12.28.2, then Landlord and the reasonably estimated cost to repair such damage exceeds $1,000,000, Tenant may, at Landlord's Tenant’s option, either (ai) repair such damage as soon as reasonably possible at Landlord's Tenant’s expense, in which event this Lease shall continue in full force and effect, or (bii) give written notice to Tenant Landlord within thirty (30) days after the date of the occurrence of such damage of Landlord's Tenant’s intention to cancel and terminate this Lease as of the date of the occurrence of the such damage. In the event Landlord Tenant elects to give such notice of Tenant’s intention to cancel and terminate this Lease pursuant to this Section 13.2Lease, Tenant Landlord shall have the right within ten (10) days after such receipt of the required such notice to notify Landlord in writing give written notice to Tenant of Tenant's Landlord’s intention to repair such damage at Tenant's Landlord’s expense, without reimbursement from LandlordTenant, in which event this Lease shall continue in full force and effect, and Tenant Landlord shall proceed to make such repairs as soon as reasonably possible. If Tenant Landlord 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. See Paragraph #24.

Partial Damage - Uninsured. In the event the improvements on the Leased Premises are damaged, except by a negligent or willful act or omission of Tenant, by any casualty not covered under an insurance policy required to be maintained pursuant to Section 12.2Paragraph 9 hereof, then Landlord may, at Landlord's option, either (a) repair such damage damages as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effectforce, or (b) give written notice to Tenant within thirty (30) days after the date of occurrence of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of the damage. In the event Landlord elects to terminate this Lease pursuant to this Section 13.2Paragraph 10(b), Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing 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 the ten (10) day period, this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. See Paragraph #24.

Partial Damage - Uninsured. In Subject to the event provisions of Paragraph 9.3 and 9.4, if at any time during the improvements on term hereof the Premises are damaged, except by a negligent or willful act or omission of TenantTenant (in which event Tenant shall make the repairs, at its expense) and such damage was caused by any a casualty not covered under an insurance policy required to be maintained pursuant to Section 12.2Paragraph 8.2, then Landlord may, may at Landlord's option, either ’s option either: (ai) 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 (bii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's Xxxxxxxx’s intention to cancel and terminate this Lease as of the date of the occurrence of the such damage. In the event Landlord elects to give such notice of Landlord’s intention to cancel and terminate this Lease pursuant to this Section 13.2Lease, Tenant shall have the right within ten (10) days after the receipt of the required such notice to notify give written notice to Landlord in writing of Tenant's ’s intention to repair such damage at Tenant's ’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 ten (such 10) -day period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage. See Paragraph #24.

Partial Damage - Uninsured. In Subject to the event provisions of Paragraphs 9.3 and 9.4, if at any time during the improvements on Lease term hereof the Premises are materially damaged, except by a negligent or willful act or omission of TenantLessee (in which event Lessee shall make the repairs, at its expense) and such damage was caused by any a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Section 12.2Paragraph 8.2, then Landlord may, Lessor may at LandlordLessor's option, option either (ai) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, effect or (bii) 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 the damage. In the lease in which event Landlord elects to terminate this Lease pursuant to this Section 13.2, Tenant Lessee shall have the right within ten Ten (10) days after the receipt of the required such notice to notify Landlord in writing give written notice to Lessor of TenantLessee's intention to repair such damage damage, at TenantLessee's expense, without reimbursement from LandlordLessor, 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 ten such Ten (10) day period, period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. See Paragraph #24.

Partial Damage - Uninsured. In the event the improvements on more than one third of the Premises are materially damaged, except by a negligent or willful act or omission of Tenant, by any casualty not covered under an insurance policy required to be maintained pursuant to Section 12.2, then Landlord may, at Landlord's option, either (a) 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 (b) give written notice to Tenant within thirty (30) days after the date of occurrence of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of the damage. In the event Landlord elects to terminate this Lease pursuant to this Section 13.2, Tenant 13.2,Tenant shall have the right within ten (10) days after receipt of the die required notice to notify Landlord in writing 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 the ten (10) day period, this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. See Paragraph #24.

Partial Damage - Uninsured. In the event the Premises are damaged by a casualty which is not covered by insurance carried by Landlord, then Landlord shall restore same, except if the damage or destruction is to an extent greater than ten (10%) per cent of the then replacement cost of improvements on the Premises are damaged, except by a negligent or willful act or omission (exclusive of Tenant, by any casualty not covered under an insurance policy required to be maintained pursuant to Section 12.2's trade fixtures and equipment and exclusive of foundation), then Landlord maymay elect not to restore and to terminate this Lease. Landlord must give Tenant written notice of its election not to restore within thirty 30 days from the date of damage and, at Landlord's optionif not given, either (a) repair Landlord shall he deemed to have elected to restore and in such event shall commence restoration of damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (b) give written notice to Tenant within thirty (30) days after the date of occurrence of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of the damagepossible. In the event Landlord elects to give such notice of Landlord's Intention to cancel and terminate this Lease pursuant to this Section 13.2Lease, Tenant shall have the right within ten (10) days after the receipt of the required such notice to notify give written notice to Landlord in writing of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from LandlordLandlord or abatement of rent, in which event this Lease shall continue in full force and effect, and Tenant shall provide Landlord with the performance bond required by Paragraph 17, and proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within ten (10) day period, this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. See Paragraph #24.