REPAIR AFTER CASUALTY. 13.1.1 If the Premises shall be destroyed or so injured by any cause as to be unfit, in whole or in part, for occupancy and such destruction or injury could reasonably be repaired within twelve (12) months from the date of such damage or destruction, then Tenant shall not be entitled to surrender possession of the Premises, but Tenant’s liability to pay rent under this Lease shall xxxxx as set forth in Section 13.1.3 below. In the event of any such destruction or injury, Landlord shall proceed diligently and in good faith to restore the Premises to its former condition, taking into account the period of time required to adjust such loss with Landlord’s insurer. 13.1.2 If such destruction or injury cannot reasonably be repaired within twelve (12) months from the date of such damage or destruction, Landlord shall notify Tenant within sixty (60) days after the happening of such destruction or injury whether or not Landlord will repair or rebuild. If Landlord elects not to repair or rebuild, this Lease shall be terminated. If Landlord shall elect to repair or rebuild, Landlord shall specify the time within which such repairs or reconstruction will be completed, and Tenant shall have the option, exercisable within thirty (30) days after the receipt of such notice, to elect to terminate this Lease and any further liability hereunder. In the event Tenant elects not to terminate this Lease, Landlord shall proceed diligently and in good faith to restore the Premises to its former condition. 13.1.3 If after any damage or destruction, Tenant is deprived of the use of all or any part of the Premises, rent shall be equitably abated in accordance with the time during which and the extent to which Tenant is deprived of the use of the Premises.
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Samples: Lease (ViewRay, Inc.), Lease (ViewRay, Inc.), Lease (ViewRay, Inc.)
REPAIR AFTER CASUALTY. 13.1.1 (a) If the Premises shall be destroyed or so injured by injured, due to any cause cause, as to be unfit, in whole or in part, for occupancy occupancy, and such destruction or injury could reasonably be repaired or rebuilt within twelve six (126) months from the date of such damage or destruction, then Tenant shall not be entitled to surrender possession of the Premises, but Tenant’s liability to pay rent under this Lease shall xxxxx as set forth in Section 13.1.3 below. In the event case of any such destruction or injury, Landlord shall proceed diligently and in good faith to restore repair or rebuild the Premises with all reasonable speed and shall complete such repairs within six (6) months from the date of such destruction or damage. If during such period Tenant shall be deprived of the use of all or any portion of the Premises, a proportionate adjustment in the rent shall be made corresponding to its former conditionthe time during which, taking into account and the period portion of time required to adjust such loss with Landlord’s insurerthe Premises of which, Tenant shall be so deprived.
13.1.2 (b) If such destruction or injury to the Premises cannot reasonably be repaired within twelve six (126) months from the date of such damage or destruction, Landlord shall notify Tenant within sixty thirty (6030) days after the happening occurrence of such destruction or injury damage whether or not Landlord will repair or rebuild. If Landlord elects not to repair or rebuild, this Lease shall be terminated. If Landlord shall elect to repair or rebuild, Landlord shall specify notify Tenant of the time within which such repairs or reconstruction will be completed, and Tenant shall have the option, exercisable within thirty (30) days after the receipt of such notice, to elect by written notice to Landlord to either terminate this Lease and any further liability or to continue hereunder. In the event Tenant elects not to terminate continue under this Lease, Landlord shall proceed diligently and in good faith to restore the Premises to its former condition.
13.1.3 If after any their condition at the time of their initial delivery to Tenant within the time specified in said notice, and Tenant shall not be liable to pay rent for the period from the occurrence of such destruction or damage or destruction, until the Premises are restored by Landlord to the extent that Tenant is deprived regains use and enjoyment of the use of all or any part of the Premises, rent shall be equitably abated in accordance with the time during which and the extent to which Tenant is deprived of the use of the Premisessame.
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Samples: Lease Agreement (Atrium Corp)
REPAIR AFTER CASUALTY. 13.1.1 If the Premises shall be destroyed or so injured by any cause as to be unfit, in whole or in part, for occupancy and such destruction or injury could reasonably be repaired within twelve six (126) months from the date of such damage or destruction, then Tenant shall not be entitled to surrender possession of the Premises, but Premises nor shall Tenant’s 's liability to pay rent under this Lease shall xxxxx as set forth in Section 13.1.3 belowcease without the mutual consent of the parties hereto. In the event of any such destruction or injury, Landlord shall proceed diligently repair the same with all reasonable speed and in good faith to restore shall complete such repairs within six (6) months from the Premises to its former condition, taking into account the period date of time required to adjust such loss with Landlord’s insurerdamage or destruction.
13.1.2 If such destruction or injury cannot reasonably be repaired within twelve six (126) months from the date of such damage or destruction, Landlord shall notify Tenant within sixty (60) days after the happening of such destruction or injury whether or not Landlord will repair or rebuild. If Landlord elects not to repair or rebuild, this Lease shall be terminated. If Landlord shall elect to repair or rebuild, Landlord shall specify the time within which such repairs or reconstruction will be completed, and Tenant shall have the option, exercisable within thirty (30) days after the receipt of such notice, to elect either to terminate this Lease and any further liability hereunderhereunder or to extend the term of the Lease by a period of time equivalent to the time from the happening of such destruction or injury until the Premises are restored to their former condition. In the event Tenant elects not to terminate this extend the term of the Lease, Landlord shall proceed diligently and in good faith to restore the Premises to its their former conditioncondition within the time specified in such notice.
13.1.3 If after any damage or destruction, Tenant is deprived of In the use of all or any part of the Premises, rent shall be equitably abated in accordance with the time during which and the extent to which event that Tenant is deprived of the use of the Premisesentire Premises as a result of destruction or injury and this Lease is not terminated, then the term of this Lease shall be deemed suspended during the time that Tenant is actually deprived of the use of the Premises (the "Suspension Period"), and the term of this Lease shall be extended by a number of days equal to the Suspension Period. In such event, the parties shall enter into an appropriate amendment to this Lease setting forth the new date that this Lease will terminate by effluxion.
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