Substantial or Total Destruction. If the Demised Premises is substantially (greater than 30%) as determined by the Landlord's insurer or totally destroyed by any cause whatsoever (i.e., the damage to the Demised Premises is greater than partial damage as described in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, the Lease shall terminate as of the date the destruction occurred. Notwithstanding the preceding sentence, if the Demised Premises are partially, substantially or totally destroyed and can be rebuilt within nine (9) months after the date of destruction, Landlord may elect to rebuild the Demised Premises at Landlord's own expense, in which case this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within sixty (60) days after Xxxxxx's notice of the occurrence of total or substantial destruction. If Landlord so elects, Landlord shall rebuild the Demised Premises at Landlord's sole expense, except that if the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord. If Landlord does not so elect, Tenant shall have the right to terminate this Lease.
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Samples: Lease Agreement
Substantial or Total Destruction. If the Demised Premises Property is substantially (greater than 30%) as determined by the Landlord's insurer or totally destroyed by any cause whatsoever (i.e., the damage to the Demised Premises Property is greater than partial damage as described in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, the this Lease shall terminate as the later of (i) the date the destruction occurred, and (ii) the date Tenant ceases to do business at the Property. Notwithstanding the preceding sentence, if the Demised Premises are partially, substantially or totally destroyed and Property can be rebuilt within nine six (96) months after the date of destruction, Landlord may elect to rebuild the Demised Premises Property at Landlord's own expense, in which case this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within sixty thirty (6030) days after Xxxxxx's notice of the occurrence of total or substantial destruction. If Landlord so elects, Landlord shall rebuild the Demised Premises Property at Landlord's sole expense, except that if the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord. If Landlord does not so elect, Tenant shall have the right to terminate this Lease.
Appears in 1 contract
Substantial or Total Destruction. If the Demised Premises Property is substantially (greater than 30%) as determined by the Landlord's insurer or totally destroyed by any cause whatsoever (i.e., the damage to the Demised Premises Property is greater than partial damage as described in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, the this Lease shall terminate as the later of (i) the date the destruction occurredoccurred and (ii) the date Tenant ceases to do business at the Property. Notwithstanding the preceding sentence, if the Demised Premises are partially, substantially or totally destroyed and Property can be rebuilt within nine six (96) months after the date of destruction, Landlord may elect to rebuild the Demised Premises Property at Landlord's own expense, in which case this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within sixty thirty (6030) days after XxxxxxTxxxxx's notice of the occurrence of total or substantial destruction. If Landlord so elects, Landlord shall rebuild rebuild, the Demised Premises Property at Landlord's sole expense, except that if the destruction was caused solely by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any "deductible amount" (if any) under Lxxxxxxx's insurance proceeds received by Landlordpolicies up to $10,000. If Landlord does not so elect, Tenant shall have the right to terminate this Lease(See Insert 7.02) Section 7.03.
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Samples: Industrial Real Estate Lease (Southern Electronics Corp)
Substantial or Total Destruction. If the Demised Premises Property is substantially (greater than 30%) as determined by the Landlord's insurer or totally destroyed by any cause whatsoever (i.e., the damage to the Demised Premises is Property Is greater than partial damage as described in In Section 7.01), and regardless of whether Landlord receives any insurance proceeds, the this Lease shall terminate as of the date the destruction occurred. Notwithstanding the preceding sentence, if the Demised Premises are partially, substantially or totally destroyed and Property can be rebuilt within nine six (96) months after the date of destruction, TENANT OR Landlord may elect to rebuild [* * *] CAUSE the Demised Premises Property TO BE REBUILT at Landlord's own expense, in which case this Lease shall remain in In full force and effect. Landlord [* * *] THE PARTY ELECTING TO CAUSE THE REBUILDING shall notify Tenant [* * *] THE OTHER of such election within sixty thirty (6030) days after Xxxxxx's notice of [* * *] the occurrence of total or substantial destruction. If Landlord so elects[* * *], Landlord shall rebuild the Demised Premises Property at Landlord's sole expense, except that if the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord. If Landlord does not so elect, Tenant shall have the right to terminate this Lease.
Appears in 1 contract
Samples: Lease Agreement (Cerprobe Corp)
Substantial or Total Destruction. If the Demised Premises Property is substantially (greater than 30%) as determined by the Landlord's insurer or totally destroyed by any cause whatsoever (i.e., the damage to the Demised Premises Property is greater than partial damage as described in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, the this Lease shall terminate as the later of (i) the date the destruction occurredoccurred and (ii) the date the Tenant ceases to do business at the property. Notwithstanding the preceding sentence, if the Demised Premises are partially, substantially or totally destroyed and Property can be rebuilt within nine six (96) months after the date of destruction, Landlord may elect to rebuild the Demised Premises Property at Landlord's ’s own expense, in which case this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within sixty thirty (6030) days after Xxxxxx's ’s notice of the occurrence of total or substantial destruction. If Landlord so elects, Landlord shall rebuild the Demised Premises Property at Landlord's ’s sole expense, except that if the destruction was caused by an act or omission of Tenant, . Tenant shall pay Landlord the difference between the actual cost of rebuilding rebuilding, and any insurance proceeds received by Landlord. If Landlord does not so elect, Tenant shall have the right to terminate this Lease.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Chino Commercial Bancorp)