Common use of Partial Damage - Uninsured Clause in Contracts

Partial Damage - Uninsured. In the event the Premises or the Building are damaged by a risk not covered by Lessor's insurance or the proceeds of available insurance are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within sixty (60) days after the commencement of work in the opinion of the registered architect or engineer appointed by Lessor, then Lessor shall have the option either to (1) repair or restore such damage, this Lease continuing in full force and effect, but the rent to be proportionately abated as hereinabove provided, or (2) give notice to Lessee at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. In the event of the giving of such notice, this Lease shall expire and all interest of Lessee in the Premises shall terminate on such date so specified in such notice and the rent, reduced by any proportionate reduction based upon the extent, if any, to which said damage interfered with the use and occupancy of Lessee, shall be paid to the date of such termination; Lessor agrees to refund to the Lessee any rent theretofore paid in advance for any period of time subsequent to such date.

Partial Damage - Uninsured. In the event the Premises or the Building are damaged by a risk not covered by LessorLandlord's insurance or the proceeds of available insurance are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within sixty (60) days after the commencement of work in the opinion of the registered architect or engineer appointed by LessorLandlord, then Lessor Landlord shall have the option either to (1) repair or restore such damage, this Lease continuing in full force and effect, but the rent to be proportionately abated as hereinabove provided, or (2) give notice to Lessee Tenant at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. In the event of the giving of such notice, this Lease shall expire and all interest of Lessee Tenant in the Premises shall terminate on such date so specified in such notice and the rent, reduced by any proportionate reduction based upon the extent, if any, any to which said damage interfered with the use and occupancy of LesseeTenant, shall be paid to the date of such termination; Lessor Landlord agrees to refund to the Lessee Tenant any rent theretofore paid in advance for any period of time subsequent to such date.

Partial Damage - Uninsured. In the event the Premises or the Building are damaged by a risk not covered by LessorLandlord's insurance or the proceeds of available insurance are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within sixty (60) days after the commencement of work in the opinion of the registered architect or engineer appointed by LessorLandlord, then Lessor Landlord shall have the option either to to; (1) repair or restore such damage, this Lease continuing in full force and effect, but the rent to be proportionately abated as hereinabove provided, ; or (2) give notice to Lessee Tenant at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall not be not less than thirty (30) nor more than sixty (60) days after giving such notice. In the event of the giving of such notice, this Lease shall expire and all interest of Lessee Tenant in the Premises shall terminate on such date so specified in such notice and the rent, reduced by any proportionate reduction based upon the extent, extent if any, to which said damage interfered with the use and occupancy of LesseeTenant, shall be paid to the date of such termination; Lessor Landlord agrees to refund to the Lessee Tenant any rent theretofore paid in advance for any period of time subsequent to such date.

Partial Damage - Uninsured. In the event the Premises or the Building are damaged by a risk not covered by LessorLandlord's insurance or the proceeds of available insurance are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within sixty (60) days after the commencement of work in the opinion of the registered architect or engineer appointed by LessorLandlord, then Lessor Landlord shall have the option either to to: (1i) repair or restore such damage, this Lease continuing in full force and effect, but the rent to be proportionately abated as hereinabove provided, ; or (2ii) give notice to Lessee Tenant at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. Notwithstanding the foregoing, Tenant shall have the right to terminate the Lease by giving Landlord sixty (60) days' written notice from the date of damage. In the event of the giving of such noticeany notice hereunder to terminate, this Lease shall expire and all interest of Lessee Tenant in the Premises shall terminate on such date so specified in such notice and the rent, reduced by any proportionate reduction based upon the extent, if any, to which said damage interfered with the use and occupancy of LesseeTenant, shall be paid to the date of such termination; Lessor agrees to refund to the Lessee any rent theretofore paid in advance for any period of time subsequent to such date.

Partial Damage - Uninsured. In the event the Premises or the Building are damaged by a risk not covered by LessorLandlord's insurance or the proceeds of available insurance are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within sixty (60) days after the commencement of work in the opinion of the registered architect or engineer appointed by LessorLandlord, then Lessor Landlord shall have the option either to to: (1i) repair or restore such damage, this Lease continuing in full force and effect, but the rent to be proportionately abated as hereinabove provided, ; or (2ii) give notice to Lessee Tenant at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. In the event of the giving of such notice, this Lease shall expire and all interest of Lessee Tenant in the Premises shall terminate on such date so specified in such notice and the rent, reduced by any proportionate reduction based upon the extent, if any, to which said damage interfered with the use and occupancy of LesseeTenant, shall be paid to the date of such termination; Lessor . Landlord agrees to refund to the Lessee Tenant any rent theretofore paid in advance for any period of time subsequent to such date.

Partial Damage - Uninsured. In the event the Premises or the Building are damaged by a risk not covered by Lessor's Landlord’s insurance or the proceeds of available insurance are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within sixty (60) days after the commencement of work in the opinion of the registered architect or engineer appointed by LessorLandlord, then Lessor Landlord shall have the option either to (1) repair or restore such damage, this Lease continuing in full force and effect, but the rent to be proportionately abated as hereinabove provided, or (2) give notice to Lessee Tenant at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. In the event of the giving of such notice, this Lease shall expire and all interest of Lessee Tenant in the Premises shall terminate on such date so specified in such notice and the rent, reduced by any proportionate reduction based upon the extent, if any, to which said damage interfered with the use and occupancy of LesseeTenant, shall be paid to the date of such termination; Lessor Landlord agrees to refund to the Lessee Tenant any rent theretofore paid in advance for any period of time subsequent to such date.

Partial Damage - Uninsured. In the event If the Premises or the Building are is damaged by a risk not covered by LessorLandlord's insurance insurance, or the proceeds of available insurance are less than eighty ninety percent (8090%) of the cost of restoration, or if the restoration cannot be completed within sixty one hundred twenty (60120 ) days after the commencement of work in the reasonable opinion of the registered architect or engineer appointed by LessorLandlord for such determination, then Lessor Landlord shall have the option either to to: (1) repair or restore such damage, this Lease continuing in full force and effect, but the rent Monthly Base Rent to be proportionately abated as hereinabove provided, provided in Section 16.1 or (2) give notice to Lessee Tenant at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, notice which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. In the event If notice of the giving of such noticetermination is given, this Lease shall expire and all interest of Lessee Tenant in the Premises shall terminate on such date so specified in such notice and the rentMonthly Base Rent, reduced by any proportionate reduction based upon the extent, if any, to which said such damage interfered with the use and occupancy of Lesseethe Premises by Tenant, shall be paid to the date of such termination; Lessor agrees to refund to the Lessee any rent theretofore paid in advance for any period of time subsequent to such date.

Partial Damage - Uninsured. In the event the Premises or the Building are damaged by a risk not covered by LessorDistrict's insurance or the proceeds of available insurance are less than eighty ninety percent (8090%) of the cost of restoration, or if the restoration cannot be completed within sixty (60) days after the commencement Commencement of work in the opinion of the registered architect or engineer appointed by LessorDistrict, then Lessor District shall have the option either to (1a) repair or restore such damage, this Lease continuing in full force and effect, but the rent to be proportionately abated as hereinabove provided, or (2b) give notice to Lessee (at any time within thirty (30) days after such damage damage) terminating this Lease as of a date to be specified in such notice, which date shall not be not less than thirty (30) nor more than sixty (60) days after giving such notice. In the event of the giving of such notice, this Lease shall expire and all interest of Lessee in the Premises shall terminate on such date so specified in such notice and the rent, reduced by any proportionate reduction based upon the extent, if any, to which said damage interfered with the use and occupancy of Lessee, Lessee as determined hereinabove shall be paid to the date of such termination; Lessor . District agrees to refund to the Lessee any rent theretofore therefore paid in advance for any period of time subsequent to such datedate of termination as provided herein.