Common use of SUBSTANTIAL UNTENANTABILITY Clause in Contracts

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 4 contracts

Samples: Lab Lease (OmniAb, Inc.), Lab Lease (OmniAb, Inc.), Lease (Lucira Health, Inc.)

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SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one three hundred and eighty sixty-five (180365) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of for its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, ; provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building in amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the this Lease is terminated pursuant to this Article Fourteen14, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine 9 hereof.

Appears in 4 contracts

Samples: Office/Laboratory Lease (Kyverna Therapeutics, Inc.), Office/Laboratory Lease (Kyverna Therapeutics, Inc.), Office/Laboratory Lease (OmniAb, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualtyPremises, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoingHowever, if the required repairs and restorations are not complete substantially completed such that the Premises are reasonably tenantable by the date which is 270 three hundred sixty-five (365) days from the date of casualtysuch damage occurred, Tenant then Tenant, at any time thereafter until such rebuilding is completed, may terminate this Lease by delivery of delivering written notice thereof to Landlord (“Tenant’s Notice”)of such termination, specifying a termination date not less than ten (10) days from in which event this Lease shall terminate as of the date of delivery the giving of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effectnotice. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coveragecoverage if Landlord will rebuild the Premises pursuant to this Lease, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions Alterations or non-Building standard equipment or to expend for any repair or restoration of the Premises or Building in amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen14, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine 9 hereof.

Appears in 3 contracts

Samples: Lease Agreement (XOMA Corp), Office Lease (XOMA Corp), Lease Agreement (XOMA Corp)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty thirty (2030) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. effect Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect., (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for (i) those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date, (ii) proceeds of any business interruption Insurance maintained by Tenant, and (iii) proceeds of any insurance carried by Tenant covering the loss of any Tenant Additions. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, ; provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen14, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine 9 hereof.

Appears in 2 contracts

Samples: Lease Agreement, Lease (Gritstone Oncology, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness within sixty (60) days after the occurrence of such damage, estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete Substantially Complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to substantially its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section 14.01 to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord (or that would have been paid to Landlord had it carried the insurance required under this Lease) and available for repair or restoration, and if such proceeds (plus the amount of any deductibles) are insufficient Landlord shall have the right to terminate this Lease upon giving written notice to Tenant within a reasonable time after determining such proceeds will be insufficient; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section 14.01 if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the loss of business or profits or for Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 2 contracts

Samples: Office Lease (Accolade, Inc.), Office Lease (Accolade, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord’s notice, which date shall be no later than sixty (60) days following the date of Landlord’s notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 2 contracts

Samples: Lease Agreement (Modular Medical, Inc.), Lease Agreement (Maxygen Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s 's cost, to the extent Landlord received proceeds of Tenant’s 's insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 2 contracts

Samples: Office Lease (Velocityhsi Inc), Office Lease (Bionovo, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, reasonably estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord and Tenant does not voluntarily cover the insufficient proceeds, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord and Tenant does not voluntarily cover the insufficient proceeds, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord’s notice, which date shall be no later than sixty (60) days following the date of Landlord’s notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees; and (iii) in the event that the Premises is located in more than one building of the Project and any damage or destruction covered by this Article affects only one of the buildings in which the Premises is located, then the determination of the extent of damage or destruction shall be made only with respect to the building so affected, and Landlord or Tenant shall be entitled to terminate this Lease only with respect to the part of the Premises in the building so affected, and the Lease shall continue in full force and effect to the extent of the remainder, if any, of the Premises. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 2 contracts

Samples: Lease Agreement (Guardant Health, Inc.), Lease Agreement (Guardant Health, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion any part of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, reasonably estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed restoration, as reasonably estimated by Landlord, exceeds one hundred and eighty fifty (180150) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord's notice, which date shall be no later than sixty (60) days following the date of Landlord's notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s 's cost, to the extent Landlord received proceeds of Tenant’s 's insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct and wrongful act of Tenant, its agent agents or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 2 contracts

Samples: NNN Lease (United Natural Foods Inc), NNN Lease (United Natural Foods Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord's notice, which date shall be no later than sixty (60) days following the date of Landlord's notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s 's cost, to the extent Landlord received proceeds of Tenant’s 's insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct and wrongful act of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 2 contracts

Samples: Lease Agreement (Exact Sciences Corp), Lease Agreement (Genomic Health Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord’s notice, which date shall be no later than sixty (60) days following the date of Landlord’s notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct and wrongful act of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 2 contracts

Samples: Lease Agreement (Genomic Health Inc), Lease (Genomic Health Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord's notice, which date shall be no later than sixty (60) days following the date of Landlord's notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s 's cost, to the extent Landlord received proceeds of Tenant’s 's insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 2 contracts

Samples: Lease Agreement (Clarent Corp/Ca), Lease Agreement (Maxygen Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one two hundred and eighty seventy (180270) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of for its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, ; provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building in amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the willful misconduct or gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the this Lease is terminated pursuant to this Article Fourteen14, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine 9 hereof.

Appears in 2 contracts

Samples: Office/Laboratory Lease (Caribou Biosciences, Inc.), Office/Laboratory Lease (Caribou Biosciences, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord reasonably estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building in amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the this Lease is terminated pursuant to this Article Fourteen14, in no event shall Tenant be entitled to any compensation or damages from Landlord or any Indemnitees for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine 9 hereof.

Appears in 2 contracts

Samples: Sub Sublease (Carmot Therapeutics Inc.), Sub Sublease (Carmot Therapeutics Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord’s notice, which date shall be no later than sixty (60) days following the date of Landlord’s notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct and wrongful act of Tenant, its agent or employees; and (iii) in the event that the Premises is located in more than one building of the Project and any damage or destruction covered by this Article affects only one of the buildings in which the Premises is located, then the determination of the extent of damage or destruction shall be made only with respect to the building so affected, and Landlord or Tenant shall be entitled to terminate this Lease only with respect to the part of the Premises in the building so affected, and the Lease shall continue in full force and effect to the extent of the remainder, if any, of the Premises. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 2 contracts

Samples: Lease Agreement (Acelrx Pharmaceuticals Inc), Lease Agreement (Acelrx Pharmaceuticals Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, if Landlord is concurrently terminating the leases of all other tenants in the Building that the Premises are located, or Tenant Tenant, if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty thirty (2030) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Landlords Notice may also constitute such notice of termination. In addition, if such damage is to the Premises and occurs during the last twelve (12) months of the Term, either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within thirty (30) days after the date of such casualty. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord’s notice, which date shall be no later than sixty (60) days following the date of Landlord’s notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability Debility to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds relating to damage to the Premises shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to receive from Landlord any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 2 contracts

Samples: Lease Agreement (Codexis Inc), Lease Agreement (Codexis Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one two hundred and eighty seventy (180270) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. Further, in the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises and Building, in which event this Lease shall terminate as of the date of such damage. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions.. jka v14-Continental_Grand-Learning_Tree-Lease (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (Learning Tree International Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, reasonably estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. Further, if Tenant is permitted and does properly terminate the PRI Lease in accordance with Article 14 (Damage by Fire or Other Casualty) of the PRI Lease, Tenant shall also have the right to terminate this Lease by giving Landlord written notice of such termination concurrently with its notice to terminate the PRI Lease. Tenant’s notice to terminate this Lease pursuant to the preceding sentence shall designate a termination date for this Lease; provided, however, such date may not be earlier than ninety (90) days following the date Tenant delivers its termination notice for this Lease. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if unless such repairs and restoration are not completed prior to within ninety (90) days after the date expiration of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effectsuch time period. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those provided that Tenant shall be entitled to the full proceeds of Tenant’s insurance (including endorsements, if any) of Tenant’s Property and its own business losses and personal property, trade fixtures fixtures, Tenant Alterations and equipment which would be removable by Tenant at the Termination Date. All such Landlord insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restorationAlterations; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Transcept Pharmaceuticals Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or either Building in which the Building Premises is located untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, reasonably estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination, provided however, in the event the above-described damage or destruction affects only one of the two (2) Buildings in which the Premises is located, then Landlord or Tenant shall be entitled to terminate this Lease only with respect to the part of the Premises (either the Penobscot Space or the Saginaw Space) in the Building so affected, and the Lease shall continue in full force and effect to the extent of the remainder, if any, of the Premises. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord's notice. Provided however, in the event the above-described damage or destruction to the Building affects only one of the two (2) Buildings in which the Premises is located and in the event that Landlord is not entitled or elects not to terminate this Lease by reason of damage to the Project as described above, then Landlord shall be entitled to terminate this Lease only with respect to the part of the Premises (either the Penobscot Premises or the Saginaw Premises) in the Building so affected, and the Lease shall continue in full force and effect to the extent of the remainder, if any, of the Premises. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s 's cost, to the extent Landlord received proceeds of Tenant’s 's insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Phone Com Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or either Building in which the Building Premises is located untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. Notwithstanding any provision of the foregoing to the contrary, in the event the above-described damage or destruction affects only one of the Buildings in which the Premises is located, then Landlord or Tenant shall be entitled to terminate this Lease only to the extent of the Premises in the Building in which the casualty occurred, and the Lease shall continue in full force and effect to the extent of the remainder, if any, of the Premises. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord's notice, which date shall be no later than sixty (60) days following the date of Landlord's notice. Provided however, in the event the above- described damage or destruction to the Building affects only one of the Buildings in which the Premises is located and in the event that Landlord is not entitled or elects not to terminate this Lease by reason of damage to the Project as described above, then Landlord shall be entitled to terminate this Lease only to the extent of the Premises in the Building in which the casualty occurred, and the Lease shall continue in full force and effect to the extent of the remainder, if any, of the Premises. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s 's cost, to the extent Landlord received proceeds of Tenant’s 's insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Clarent Corp/Ca)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by written notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty (20) business days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of for its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, ; provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building in amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the this Lease is terminated pursuant to this Article Fourteen14, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine 9 hereof.

Appears in 1 contract

Samples: Office/Laboratory Lease (Berkeley Lights, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If if Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord’s notice, which date shall be no later than sixty (60) days following the date of Landlord’s notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct and wrongful act of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Genomic Health Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises Premises, the Building or the Building Project untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one two hundred and eighty forty (180240) days from the date such damage occurred, then Landlord, or Tenant Tenant, if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination.. If Landlord has the right to terminate this Lease pursuant to this Section 14.01, Landlord agrees to exercise such right in a nondiscriminatory fashion among leases affecting the Building. Consideration of the following factors in arriving at its decision shall not be deemed discriminatory: length of term remaining on this Lease, time needed to repair and restore, costs of repair and restoration not covered by insurance proceeds, Landlord’s plans to repair and restore common areas serving the Premises, Landlord’s plans for repair and restoration of the Building, and other relevant factors of Landlord’s decision as long as they are applied to Tenant in the same manner as other tenants. ​ ​ (b) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds (“Tenant’s Personal Property Insurance Proceeds”) of Tenant’s insurance of its own personal property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds (other than Tenant’s Personal Property Insurance Proceeds) shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. ​ (c) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building or Project amounts in excess of insurance proceeds payable and available for repair or restoration, and if such proceeds are insufficient Landlord shall have the right to terminate this Lease upon giving written notice to Tenant within a reasonable time after determining such proceeds will be insufficient; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto, except as provided in Section 14.03 below. ​ (d) Unless this Lease is terminated as provided in the preceding subparagraphsubparagraphs, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty​ (e) In addition, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease if: (a) a substantial portion of the Premises has been damaged by fire or other casualty and such damage cannot reasonably be repaired (as reasonably determined by Landlord pursuant to this Section if any damage or destruction a notice given to Tenant within sixty (60) days following the casualty) within one hundred twenty (120) days after the date of such casualty; (b) there is less than fifteen (15) months of the Term remaining on the date of such casualty; (c) the casualty was not caused by the gross negligence or willful misconduct of TenantTenant or its agents, employees or contractors; and (d) Tenant provides Landlord with written notice of its agent or employees. Whether or not intent to terminate within fifteen (15) days after the Lease Landlord’s notice is terminated delivered to Tenant pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access theretosubclause (a) above. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.. ​

Appears in 1 contract

Samples: Office Lease (Lemonade, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If if any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete Substantially Complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (iI) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions Alterations or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance Insurance proceeds paid to Landlord and available for repair or restoration; and (iiII) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (Americo Life Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building Real Property untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete Substantially Complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions Alterations or to expend for any repair or restoration of the Premises or Building Property amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (Canaan Energy Corp)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion either thirty percent (30%) of the lab space within the Premises, or fifty percent (50%) or more of the entire Premises is rendered untenantableuntenantable or inaccessible, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty thirty (2030) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of for its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date, (ii) proceeds of any business interruption insurance maintained by Tenant, and (iii) proceeds of any insurance carried by Tenant covering the loss of any Tenant Additions. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, ; provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building in amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the this Lease is terminated pursuant to this Article Fourteen14, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine 9 hereof.

Appears in 1 contract

Samples: Office/Laboratory Lease (Gritstone Oncology, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration restoration, and by written notice shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty (20) business days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure force majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of for its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, ; provided, however, if this Lease is not terminated and the parties proceed to repair and restore any Tenant Additions improvements at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additionsimprovements, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additionsimprovements. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions improvements or to expend for any repair or restoration of the Premises or Building in amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the this Lease is terminated pursuant to this Article Fourteenterminated, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (Berkeley Lights, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one three hundred and eighty sixty-five (180365) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of for its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, ; provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance 00056263.8 45 covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building in amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the this Lease is terminated pursuant to this Article Fourteen14, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine 9 hereof.

Appears in 1 contract

Samples: Office/Laboratory Lease (Ligand Pharmaceuticals Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty thirty (2030) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.and

Appears in 1 contract

Samples: Office Lease (Ask Jeeves Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantableuntenantable for the Permitted Use, Landlord shall, with reasonable promptness after the occurrence of such damage, cause a licensed architect or contractor to estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates Landlord's Notice indicates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises or the Building is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoingforegoing to the contrary, if the required repairs repair and restorations are restoration is not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord completed within two hundred seventy (“Tenant’s Notice”), specifying a termination date not less than ten (10270) days from the date such damage occurred, then Tenant shall have the right to terminate this Lease as of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the two hundred seventy- first (271st) day after the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effectsuch damage occurred by providing twenty (20) days prior written notice to Landlord. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s 's cost, to the extent Landlord received proceeds of Tenant’s 's insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Dynavax Technologies Corp)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, cause a licensed and qualified architect or contractor to estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates Landlord’s Notice indicates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty thirty (2030) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if Landlord is obligated to repair or restore the required repairs Premises pursuant to this Section 14.1(b) and restorations are does not complete by Commence (as defined below in this Section 14.1(b)) such repair or restoration within ninety (90) days after such obligation shall accrue (the date “Outside Start Date”), which is 270 days from the date of casualtyOutside Start Date shall be subject to extension due to Force Majeure, Tenant may shall have the right, as its sole remedy, to terminate this Lease effective as of the date that is thirty (30) days after the Outside Start Date (the “Casualty Lease Termination Date”) by delivery of giving written notice thereof to Landlord (“Tenant’s Termination Notice”), specifying a termination date not less than ten ) within fifteen (1015) days from after the date of delivery of Tenant’s NoticeOutside Start Date; provided, however, that if such repairs and Landlord does Commence the repair or restoration are completed prior to on or before the date of termination set forth in Casualty Lease Termination Date, Tenant’s Notice, then Tenant’s Notice election to termination shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord . “Commence” shall be entitled to mean either the full proceeds unconditional authorization of any insurance coveragethe preparation of the required plans necessary for such repair or restoration, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds beginning of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section actual work to repair or restore the Premises, whichever first occurs. In order for Tenant to have the termination right provided for in this Section 14.1(b), Tenant’s Termination Notice must (i) be concurrently sent to any portion of any Tenant Additions or Mortgagee whose address has been provided to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; Tenant, and (ii) Tenant shall not have the right state Tenant’s intention to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss as of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access theretoCasualty Lease Termination Date. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office/Laboratory Lease (Dynavax Technologies Corp)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shalls1hall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete Substantially Complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section Article to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section Article if any damage or destruction was caused by the gross negligence act, omission or willful misconduct neglect of Tenant, its agent agents or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (Planvista Corp)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. If such repairs and restoration are not in fact completed within one hundred eighty (180) days from the date such damage occurred, then Tenant shall have the right to terminate this Lease; provided, however, Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s 's cost, to the extent Landlord received proceeds of Tenant’s 's insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (Zogenix Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damagedamage but in no event more than sixty (60) days, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions.. If Tenant is not reimbursed for Tenant Additions by insurance proceeds and Tenant does not advance sums to pay for the repair and restoration of such Tenant Additions, Landlord shall not be required to repair and restore the same, (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the willful act or gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen14, in no event if Landlord complies with the provisions of this Article 14, Tenant shall Tenant not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. Notwithstanding the foregoing, Tenant shall be entitled to maintain and obtain the full benefits of business interruption insurance. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine 9 hereof.

Appears in 1 contract

Samples: Office Lease (Kinemed Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially materially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially materially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section Article to repair or restore any portion of any Tenant Additions Alterations or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section Article if any damage or destruction was caused by the gross negligence act, omission or willful misconduct neglect of Tenant, its agent agents or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease (InspireMD, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty sixty (18060) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord’s notice, which date shall be no later than sixty (60) days following the date of Landlord’s notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Genitope Corp)

SUBSTANTIAL UNTENANTABILITY. If the Building or the Premises are made substantially untenantable by fire or other casualty, Landlord may elect either to: (a) If any terminate this Lease as of the date of the fire or other casualty by giving Tenant written notice thereof within 90 days after said date; or (whether b) proceed to repair or restore the Building or the Premises, other than floor and wall treatment, and personal property paid for or installed by Tenant. Landlord shall not exercise its right to terminate this Lease pursuant to (a) above unless (i) the Premises are substantially destroyed, or (ii) the Premises are damaged to the extent of 20% of its replacement cost by a casualty not insured against or uninsuredrequired to be insured against, or (iii) renders all or a substantial portion if the Premises are damaged to the extent of 20% of its replacement costs during the last 2 years of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”)Lease term. If Landlord estimates that elects to proceed pursuant to subsection (b) above, Landlord shall notify Tenant thereof within 90 days after the amount date of such fire or other casualty, which notice shall contain Landlord's reasonable estimate of the time required to substantially complete such repair and restoration or restoration. In the event such estimate indicates that the time so required will exceed one hundred and eighty (180) 270 days from the date such damage occurredof the casualty, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon casualty by giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less later than ten (10) 20 days from after the date of delivery Landlord's notice. If Landlord's estimate indicates that the repair or restoration can be substantially completed within 270 days, or if Tenant fails to exercise its right to terminate this Lease, as aforesaid, this Lease shall remain in force and effect. If this Lease is not terminated Tenant shall restore all of Tenant’s Notice; providedthe floor and wall covering, howeverfixtures, that if carpeting, and personal property which it originally installed or paid for. Landlord, at its sole option, may elect to cause Tenant to make such repairs and restoration are completed prior restoration, in which event Tenant shall promptly complete the same and Landlord will make available to Tenant for the date sole purpose of termination set forth reconstruction of the Premises the insurance proceeds received by Landlord from its insurance carrier. In the event of any such reconstruction by Xxxxxx, an architect duly registered in Tenant’s Notice, then Tenant’s Notice Missouri shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried selected by Landlord or Tenant, for damages to and shall direct the Premises, except for those proceeds payment of Tenant’s such insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Dateproceeds. All such Such insurance proceeds shall be payable to Tenant only upon receipt by Landlord whether or not of certificates of said architect stating that the Premises payments specified therein are to be repaired and restored, provided, however, if this Lease is not terminated and properly payable for the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds purpose of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse reimbursing Tenant for its cost expenditures actually made by Xxxxxx in connection with such work. At the election of repairing Landlord, direct payments may be made to material suppliers and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts laborers upon written certification by said architect that such payments are due and payable. Any such insurance proceeds in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have Tenant's actual expenditures in restoring the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant shall belong to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access theretoLandlord. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Panera Bread Co)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration (excluding any Tenant Additions) and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration (excluding any Tenant Additions) will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord's notice, which date shall be no later than sixty (60) days following the date of Landlord's notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises (excluding any Tenant Additions) to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration (excluding any Tenant Additions) are not in fact substantially completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, provided however, if the required repairs and restorations are not complete by the date which is 270 days from the actual date of casualtysubstantial completion by Landlord is after the later of such estimated time or 180 days, plus additional time for reasonable delay due to Force Majeure and delay caused by Tenant, Tenant may shall have the option to terminate this Lease at any time thereafter and before such substantial completion by delivery of giving an additional twenty (20) days' prior written notice thereof to Landlord Landlord, which termination shall be void and of no force or effect if the repair and restoration is substantially completed no later than twenty (“Tenant’s Notice”), specifying a termination date not less than ten (1020) days from the date of delivery of Tenant’s Notice; provided, however, that if after such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effectnotice. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s 's cost, to the extent Landlord received proceeds of Tenant’s 's insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Netobjects Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any the Building is rendered substantially untenantable by fire or other casualty casualty, Landlord may elect by giving Tenant written notice within ninety (whether insured or uninsured90) renders all or a substantial portion days after the date on which Landlord and the hazard insurer of the Building settle the amount of insurance proceeds payable to Landlord as a result of said fire or casualty, either to: (1) terminate this Lease as of the date of the fire or other casualty; or (2) proceed to repair or restore the Premises or and the Building untenantable(excluding any Tenant Improvement Allowance Work, Landlord shallAlterations and Tenant Property), with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of same condition as existed immediately prior to such estimate (“Landlord’s Notice”)fire or casualty. If Landlord estimates that elects to proceed pursuant to subsection (2) above, Landlord’s notice shall contain Landlord’s reasonable estimate of the amount of time required to substantially complete such repair and restoration or restoration. If such estimate indicates that the time so required will exceed one hundred and eighty (180) days from the date the building permit is issued, and such damage occurredfire or other casualty that renders the Building substantially untenantable, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, either party shall have the right to terminate this Lease effective as of the date of such damage upon casualty by giving written notice to the other at any time within twenty party not later than sixty (2060) days after delivery the date of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Noticenotice; provided, however, that if such repairs and restoration are completed prior to fire or casualty was caused by, or as a result of, the date negligence or willful misconduct of termination set forth in Tenant’s NoticeTenant or its employees, agents or contractors, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if as a result of any damage such fire or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss casualty regardless of the use duration of the whole or any part Landlord’s estimate of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or time required to substantially complete the repair and restoration of the Premises or Premises. If Landlord’s estimate indicates that the Building or access thereto. (e) Any repair or restoration of can be substantially completed within the aforesaid one hundred eighty (180) day period, or if Tenant and Landlord fail to exercise their respective rights to terminate this Lease as aforesaid, this Lease shall remain in force and effect. If this Lease is not terminated as aforesaid, then (a) Landlord shall use reasonable efforts to cause the Premises performed and Building to be restored within 9 months from the date of Landlord’s election to repair and reconstruct, subject to delays arising from the collection of insurance proceeds or from Force Majeure, and (b) Tenant at Tenant’s expense shall promptly perform, subject to delays arising from the collection of insurance proceeds, all repairs or restoration not required to be done by Tenant Landlord and shall be promptly reenter the Premises and commence doing business in accordance with the provisions of Article Nine hereofthis Lease.

Appears in 1 contract

Samples: Lease Agreement (1847 Goedeker Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one two hundred and eighty seventy (180270) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of for its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, ; provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building in amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the willful misconduct or gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the this Lease is terminated pursuant to this Article Fourteen14, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.any

Appears in 1 contract

Samples: Office/Laboratory Lease (Caribou Biosciences, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises and the Building to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to Laws, including zoning Laws laws and building codes codes, then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.and

Appears in 1 contract

Samples: Office Lease (Calico Commerce Inc/)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness within sixty (60) days after the occurrence of such damage, estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete Substantially Complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty sixty (2060) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. Tenant shall have ninety (90) days following Landlord's termination notice or Tenant's termination notice, as applicable to vacate the Premises unless an earlier vacancy is required by applicable law. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions Alterations exceeding Building-standard improvements or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence sole act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (Genesis Energy Lp)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, reasonably estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if unless such repairs and restoration are not completed prior to within ninety (90) days after the date expiration of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effectsuch time period. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those provided that Tenant shall be entitled to the full proceeds of Tenant’s insurance (including endorsements, if any) of Tenant’s Property and its own business losses and personal property, trade fixtures fixtures, Tenant Alterations and equipment which would be removable by Tenant at the Termination Date. All such Landlord insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restorationAlterations; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Transcept Pharmaceuticals Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord's notice, which date shall be no later than sixty (60) days following the date of Landlord's notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises Premises, including Tenant Work paid for out of the Allowance (as defined in the Workletter) but excluding all other Tenant Additions, to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any property insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s 's cost, to the extent Landlord received proceeds of Tenant’s 's insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions (other than Tenant Work paid for out of the Allowance) or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration, except as provided in Subsection (g) below; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or the willful misconduct and wrongful act of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof. (g) In determining the amount or sufficiency of insurance proceeds paid to Landlord wherever in this Article Fourteen it affects Landlord's right to terminate the Lease or Landlord's obligation to rebuild, in the event that Landlord failed to purchase and maintain the property insurance which it is required to carry under this Lease, with respect to the cause and type of casualty damage in question Landlord shall be deemed to have received insurance proceeds in the amount it would have received if Landlord had not breached its obligation to maintain such insurance. In the event of casualty damage which is not required to be covered by Landlord's insurance under the Lease, Landlord shall not have the right to terminate the Lease if (i) the cost to repair and restore the damage does not exceed three percent (3%) of the replacement cost (without depreciation) of the Building (above foundations and excluding Tenant Additions or comparable improvements in space occupied by other occupants of the Building, but including Tenant Work paid for out of the Allowance) (hereafter "Replacement Cost"); or

Appears in 1 contract

Samples: Lease Agreement (Argonaut Technologies Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one two hundred and eighty seventy (180270) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualtycasualty (including the Landlord Work, but exclusive of any Tenant Alterations), subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions Alterations at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant AdditionsAlterations, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant AdditionsAlterations. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions Alterations or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Amyris Biotechnologies Inc)

SUBSTANTIAL UNTENANTABILITY. If more than fifty percent (a50%) If any of the Building or Premises is damaged or destroyed by fire or other casualty and, in Landlord's reasonable opinion, such damage will not permit Tenant to carry on its normal pre-existing business in the Premises, or remainder thereof, Landlord may elect either to: (whether insured or uninsuredA) renders all or a substantial portion terminate this Lease as of the Premises date of the fire or other casualty by giving Tenant written notice thereof within ninety (90) days after said date; or (B) proceed to repair or restore the Building or the Building untenantablePremises, Landlord shallother than leasehold improvements and personal property paid for or installed by Tenant, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration this Lease shall remain in full force and shall by notice advise Tenant of such estimate (“Landlord’s Notice”)effect. If Landlord estimates that elects to proceed pursuant to subsection (B) above, Landlord shall notify Tenant thereof within forty-five (45) days after the amount date of such fire or other casualty, which notice shall contain Landlord's reasonable estimate of the time required to substantially complete such repair and restoration or restoration. In the event such estimate indicates that the time so required will exceed one hundred and eighty (180) days from the date such damage occurredof the casualty, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease effective as of the date of such damage upon casualty by giving written notice thereof to the other at any time within Landlord not later than twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from Landlord's notice. If Landlord's estimate indicates that the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises can be substantially completed within one hundred eighty (180) days, or Building amounts in excess of insurance proceeds paid if Tenant fails to Landlord and available for repair or restoration; and (ii) Tenant shall not have the exercise its right to terminate this Lease, as aforesaid, this Lease pursuant shall remain in force and effect. In all cases relative to this Section if any damage such repair or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated restoration pursuant to this Article FourteenXV, in no event due allowance shall Tenant be entitled to any compensation or damages made for loss reasonable delay caused by adjustment of the use of the whole insurance loss, strikes, governmental approvals, labor difficulties or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access theretocause beyond Landlord's reasonable control. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Hydron Technologies Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord’s notice, which date shall be no later than sixty (60) days following the date of Landlord’s notice. Notwithstanding the provisions of Section 14.01 above or the provisions of Section 14.03, Landlord shall not terminate this Lease due to a casualty if it actually intends to restore the Premises, as evidenced by Landlord commencing restoration within four (4) months from the date the casualty damage occurred. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions Alterations at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant AdditionsAlterations, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant AdditionsAlterations. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions Alterations or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration, and if Landlord elects not to proceed with repair and restoration due to insufficient insurance proceeds, this Lease shall then terminate, provided however, Landlord shall not have the right to terminate this Lease due to a casualty if Landlord actually intends to restore the Premises, as evidenced by Landlord commencing restoration within four (4) months from the date the casualty damage occurred; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct and wrongful act of Tenant, its agent or employees; and (iii) in the event that the Premises is located in more than one building of the Project and any damage or destruction covered by this Article affects only one of the buildings in which the Premises is located, then the determination of the extent of damage or destruction shall be made only with respect to the building so affected, and Landlord or Tenant shall be entitled to terminate this Lease only with respect to the part of the Premises in the building so affected, and the Lease shall continue in full force and effect to the extent of the remainder, if any, of the Premises. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Bolt Biotherapeutics, Inc.)

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SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building in amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the this Lease is terminated pursuant to this Article Fourteen14, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine 9 hereof.

Appears in 1 contract

Samples: Lease Agreement (Zogenix, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of either the Premises or the Building untenantableis rendered substantially untenantable by fire or other casualty, Landlord shall, with reasonable promptness may elect by giving Tenant written notice within 60 days after the occurrence date of such damagesaid fire or casualty, estimate either to (1) terminate this Lease as of the length date of time that will be required the fire or other casualty; or (2) proceed to repair or restore the Premises or the Building, other than leasehold improvements (except those constructed by Tenant with the Tenant Improvements Allowance) and personal property installed by Tenant, to substantially complete the repair and restoration and same condition as existed immediately prior to such fire or casualty. For purposes of this Lease, the Building shall be deemed substantially untenantable if the amount of any loss or damage to the Building exceeds fifty percent (50%) of the value of the Building immediately prior to such damage or loss as determined by notice advise Tenant the Landlord or any mortgagee of such estimate (“Landlord’s Notice”)the Building. If Landlord estimates that elects to proceed pursuant to subsection (2) above, Landlord's notice shall contain Landlord's reasonable estimate of the amount of time required to substantially complete such repair and restoration or restoration. If such estimate indicates that the time so required will exceed one hundred and eighty (180) 150 days from the date such damage occurredof the casualty, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon casualty by giving written notice to the other at any time within twenty (20) Landlord not later than 20 days after delivery the date of Landlord’s Notice's notice. If Landlord's estimate indicates that the repair or restoration can be substantially completed within 150 days, provided that or if Tenant fails to exercise its said right to terminate this Lease, this Lease shall remain in force and effect. Notwithstanding any provision of this Article to the contrary, Tenant may, at its option, terminate this Lease, if Landlord so chooseselects to repair or restore as provided hereunder, Landlord’s Notice may also constitute and such notice repair or restoration is not completed within 150 days plus the number of termination. (b) Unless this Lease is terminated days of delay attributable to an events of Force Majeure, as provided in Section 30.5 hereof (provided that the preceding subparagraph, Landlord shall proceed with reasonable promptness total number of days of delay attributable to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and an event of Force Majeure delaysmay not exceed thirty (30)), and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within plus the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoingnumber of days of delay, if the required repairs and restorations any, as are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior attributable to the date failure of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access theretoPremises to be repaired or restored by Tenant. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (National Auto Finance Co Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by notice advise Tenant of such [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. estimate (“Landlord’s Notice”). If Landlord reasonably estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building in amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the this Lease is terminated pursuant to this Article Fourteen14, in no event shall Tenant be entitled to any compensation or damages from Landlord or any Indemnitees for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine 9 hereof.

Appears in 1 contract

Samples: Office/Laboratory Lease (Aduro Biotech, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, ; provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building in amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen14, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine 9 hereof.

Appears in 1 contract

Samples: Sublease (Berkeley Lights, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete Substantially Complete such repair and restoration will exceed one hundred and eighty fifty (180150) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, provided, however, if the required repairs and restorations Premises are not complete by the date which is 270 restored with two hundred and forty (240) days from the date of casualtyfor any reason, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effectLease. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section Article to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section Article if any damage or destruction was caused by the willful act or omission or the gross negligence or willful misconduct of Tenant, its agent agents or employees. Whether or employees which is not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned covered by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access theretoinsurance. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Rewards Network Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantableuntenantable for the Permitted Use, Landlord shall, with reasonable promptness after the occurrence of such damage, cause a licensed architect or contractor to estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates Landlord’s Notice indicates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises or the Building is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoingforegoing to the contrary, if the required repairs repair and restorations are restoration is not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord completed within two hundred seventy (“Tenant’s Notice”), specifying a termination date not less than ten (10270) days from the date such damage occurred, then Tenant shall have the right to terminate this Lease as of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the two hundred seventy- first (271st) day after the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effectsuch damage occurred by providing twenty (20) days prior written notice to Landlord. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Dynavax Technologies Corp)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damagedamage (and in all events within forty-five (45) days thereafter), estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete Substantially Complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) , Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease (FSP 303 East Wacker Drive Corp.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of either the Premises or the Building is rendered "substantially untenantable" by fire or other casualty, Landlord shall, with reasonable promptness may elect by giving Tenant written notice within 120 days after the occurrence date of said fire or casualty, either to: (1) terminate this Lease all of the date of the fire or other casualty; provided that Landlord concurrently or prior to the termination of this Lease also terminates the leases of all other office tenants of the Building (if and to the extent such damageother leases so permit such termination) and does not enter into new leases or grant rights of occupancy in the Building to any such other tenants (or parties under their control or under common control with them) within six months after such termination; or (2) proceed to repair or restore the Premises or the Building, estimate the length of time that will be required other than leasehold improvements and personal property installed by Tenant, to substantially complete the repair and restoration and shall by notice advise Tenant of same condition as existed immediately prior to such estimate (“Landlord’s Notice”)fire or casualty. If Landlord estimates that elects to proceed pursuant to subsection (2) above, Landlord's notice shall contain Landlord's reasonable estimate of the amount of time required to substantially complete such repair and restoration or restoration. If such estimate indicates that the time so required will exceed one hundred and eighty (180) 360 days from the date such damage occurredof the casualty, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon casualty by giving written notice to the other at any time within twenty (20) Landlord not later than 20 days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from Landlord's notice. If Landlord's estimate indicates that the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises can be substantially completed within 360 days, or Building amounts in excess of insurance proceeds paid if Tenant fails to Landlord and available for repair or restoration; and (ii) Tenant shall not have the exercise its said right to terminate this Lease, this Lease pursuant shall remain in force and effect. For purposes of this Paragraph 15, the Building (excluding the Premises) shall be deemed so damaged by fire or other casualty that it is "substantially untenantable" only if the costs to this Section if any damage or destruction was caused by repair the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss same would exceed one-third of the use full replacement cost (excluding foundations) of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access theretoBuilding. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Sublease Agreement (Preferred Payment Systems Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness within sixty (60) days after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord reasonably estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days year from the date such damage occurred, then Landlord, or Landlord shall notify Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate and this Lease shall terminate as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of terminationdamage. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Building and Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s 's cost, to the extent Landlord received proceeds of Tenant’s 's insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration, except for the amount of the deductible under Landlord's standard casualty policy of insurance (provided that Tenant shall have the right to pay the difference between the deductible under Landlord's earthquake insurance policy and the deductible under Landlord's standard casualty policy of insurance and if paid, such amortized amount (amortized on a straight line basis over the remaining Term together with interest at the prime rate plus 1%) shall be credited against the Monthly Base Rent; and (ii) Tenant shall not have the right night to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross act or negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access theretoBuilding. (e) Any Tenant shall perform any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereofNine.

Appears in 1 contract

Samples: Lease Agreement (Organic Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one three hundred and eighty sixty-five (180365) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of for its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, ; provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building in amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the willful misconduct or gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the this Lease is terminated pursuant to this Article Fourteen14, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine 9 hereof.

Appears in 1 contract

Samples: Office/Laboratory Lease (BioAge Labs, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damagedamage but in no event later than 60 days following such fire or other casualty, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantableuntenantable or if Tenant's access is materially impaired, or if Tenant's parking rights are materially reduced, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Building's Common Areas and Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing; provided that, in any event, if the required repairs Landlord fails to complete such repair and restorations are not complete by the date which is 270 restoration within two hundred seventy (270) days from the date of casualtyafter such damage occurred, then Tenant may terminate this Lease by delivery of giving Landlord written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effectthereof. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s 's cost, to the extent Landlord received proceeds of Tenant’s 's insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) , Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and made available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto, except to the extent caused by the gross negligence of Landlord, its contractors, agents or employees. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (Northpoint Communications Group Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete Substantially Complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantableuntenantable and the Premises cannot be used by Tenant to conduct business, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoingrestoration provided however, that if the required repairs Landlord determines that such repair and restorations are restoration will not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord be full completed within one hundred eighty (“Tenant’s Notice”), specifying a termination date not less than ten (10180) days from the date of delivery the occurrence of Tenant’s Notice; providedthe casualty (as the same may be extended due to Force Majeure delays), however, that or if in fact such repairs repair and restoration are is not fully completed prior to within one hundred eight (180) days from the date of termination set forth in Tenant’s Noticethe occurrence of the casualty (as the same may be extended due to Force Majeure delays), then Tenant’s Notice shall be null Landlord, and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord if all or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any a substantial portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant is rendered untenantable, shall not each have the right to terminate this Lease pursuant on thirty (30) days’ prior written notice thereof to the other. (c) For purposes of this Section if any section 14.01, "untenantable" means (i) damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building which materially impairs or access thereto. (e) Any repair or restoration interferes with Tenant’s use of the Premises performed in the ordinary conduct of Tenant’s business or the access by Tenant shall be in accordance and its invitees to the Building or the Premises, or (ii) damage to the Building or the Parking Garage which materially impairs or interferes with the provisions use by Tenant of Article Nine hereofor access to the Parking Garage and the parking spaces to which Tenant is entitled hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Citadel Security Software Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness within sixty (60) days after the occurrence of such damage, estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration (the “Estimated Restoration Period”) and shall by notice within such sixty (60) day period advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration Estimated Restoration Period will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant and if all or a substantial portion of the Premises is rendered untenantable, Tenant shall have the right to terminate this Lease upon giving written notice to Landlord at any time within twenty (20) days after delivery of Landlord’s Notice. In addition, if Landlord estimates that the Estimated Restoration Period will exceed three hundred sixty-five (365) days from the date such damage occurred, Landlord shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other Tenant at any time within twenty (20) days after delivery of Landlord’s Noticenotice, subject to Landlord’s covenants in subparagraph (e) below; provided that if Landlord so chooses, Landlord’s Notice may also constitute such its notice of termination, and further provided that if Landlord elects to terminate this Lease pursuant to this sentence, Landlord shall be required to terminate the leases of any other tenants in the Building to the extent that Landlord has the discretion to terminate such leases pursuant to a similar casualty provision. In the event of a termination by either Landlord or Tenant pursuant to this paragraph, the effective date of such termination shall be the earliest of the date that is ninety (90) days following the delivery of the applicable termination notice, the date Tenant vacates the Premises, and the Expiration Date. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore any and all damaged portions of the Premises Premises, Building, and Common Areas serving the Building, to its condition as existed prior to such casualtycasualty (a “Restoration”), subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws laws and building codes then in effect. Except as expressly provided in Section 14.04 below, Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) , Tenant shall not have the right to terminate this Lease pursuant to this Section Article if any damage or destruction was caused by the gross negligence negligence, recklessness, or willful misconduct of Tenant, its agent agents or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any Notwithstanding anything to the contrary herein set forth, if Landlord is obligated to perform a Restoration and Landlord’s insurance proceeds (excluding any deficiency caused by the amount of any policy deductible or Landlord’s failure to carry the insurance expressly required under this Lease) are not sufficient to repair or restoration all of the Premises performed damage and fully perform such Restoration, or if a Mortgagee does not allow Landlord to use sufficient proceeds to repair all of the damage and fully perform the Restoration, then unless Landlord elects, in its sole and absolute discretion and without obligation, to pay any additional amounts necessary to complete the Restoration, either Landlord or Tenant may, by Tenant notifying the other within ninety (90) days after the occurrence of such damage, terminate this Lease (which termination shall be effective as of the earliest of the date that is ninety (90) days following the delivery of the termination notice, the date Tenant vacates the Premises, and the Expiration Date); provided, however, Landlord’s termination right described in accordance this subparagraph (e) shall not apply if the above-described proceeds (or the amount of insurance proceeds that the Mortgagee(s) allows Landlord to use for Restoration), plus the amount of any policy deductible, are insufficient in an amount less than $500,000.00. (f) If this Lease is terminated by Landlord pursuant to either subparagraph (a) or subparagraph (e) of this Section 14.01, Landlord covenants not to rebuild (or commence to rebuild, which shall mean the earlier to occur of (i) Landlord’s receipt of all necessary permits and approvals to commence construction, and (ii) the filing of a notice of commencement in the Public Records of Hillsborough County, Florida) the Building or a similar building (defined to mean a building containing at least 150,000 rentable square feet of Class A office space) in the same or substantially the same location within three hundred sixty-five (365) days after the fire or casualty event, unless Landlord provides Tenant a right of first refusal (to be exercised within twenty (20) business days after notice from Landlord) to enter into a new lease for space in the new building on terms materially the same as the executory provisions of this Lease at the time it was terminated; provided, however, this covenant not to rebuild within three hundred sixty-five (365) days is personal to Landlord and Landlord’s Affiliates (as defined below) and shall not run with the provisions Land. The term “Landlord’s Affiliates” shall mean any entity controlling, controlled by, or under common control with Landlord, or any person or entity owning greater than five percent (5%) of Article Nine hereofthe voting securities of Landlord. Landlord’s covenants in this subparagraph (e) shall survive the termination of this Lease; provided, following termination of the Lease, these covenants shall terminate automatically upon the sale of the Building (separately or as part of the Project) to any party other than a Landlord’s Affiliate or upon a sale of the ownership interests of the entity that owns the Building to any party other than a Landlord’s Affiliate. Notwithstanding the foregoing, Landlord’s covenants in this subparagraph (f) shall only apply if the Premises contain at least 75,000 square feet of rentable area at the time of termination described in the first sentence of this subparagraph (f).

Appears in 1 contract

Samples: Lease Agreement (PBSJ Corp /Fl/)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. If such repairs and restoration are not in fact completed within one hundred eighty (180) days from the date such damage occurred, then Tenant shall have the right to terminate this Lease; provided, however, Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (Zogenix, Inc.)

SUBSTANTIAL UNTENANTABILITY. (ai) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) 180 days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) 20 days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (bii) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises Project to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delaysMajeure, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (ciii) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the PremisesProject, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Datefor Tenant’s Property. All such insurance proceeds shall be payable to Landlord whether or not the Premises are Project is to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (div) Notwithstanding anything in this Lease to the contrary herein set forthcontrary: (iA) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions Tenant’s Removable Property or to expend for any repair or restoration of the Premises or Building the Project amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (iiB) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, Tenant or its agent or employeesResponsible Parties. Whether or not the this Lease is terminated pursuant to this Article FourteenSection 12.1, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building Project or access thereto. (ev) Notwithstanding anything in this Lease to the contrary, Landlord shall have the right to terminate this Lease if (A) the casualty was uninsured or insurance proceeds are insufficient to pay the full cost of such repair and restoration, (B) any Superior Rights Holder fails or refuses to make such insurance proceeds available for such repair and restoration, or (C) zoning or other applicable Laws do not permit such repair and restoration. (vi) Any repair or restoration of the Premises Project performed by Tenant shall be in accordance with the provisions of Article Nine hereofSection 8 above.

Appears in 1 contract

Samples: Office Lease (EverCommerce Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days year from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. Further, in the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises and Building, in which event this Lease shall terminate as of the date of such damage. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (National Mercantile Bancorp)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete Substantially Complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant (but with respect to Tenant only if all or a substantial portion of the Premises is rendered untenantableuntenantable and the time period in excess of one hundred eighty (180) days relates to the repair of the Premises), shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness promptness, to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws laws and building codes then in effect. Notwithstanding anything contained herein to the contrary, unless Landlord shall have no liability restores the Premises to Tenant, and Tenant shall not be entitled its condition as existed prior to terminate this Lease if such repairs and restoration are not in fact completed casualty within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord three hundred sixty-five (“Tenant’s Notice”), specifying a termination date not less than ten (10365) days from the date of delivery the casualty, (inclusive of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and Force Majeure) Tenant may cancel this Lease on written notice to Landlord given within 10 days of the expiration of the 365 day period. If such notice to cancel is not given within the above 10 day period then in that event Tenant shall continue in full force and effecthave no further right to cancel this Lease. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions Additions, or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (Professional Detailing Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualtycasualty (exclusive of any Tenant Alterations), subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions Alterations at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant AdditionsAlterations, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant AdditionsAlterations. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions Alterations or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Amyris Biotechnologies Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, if Landlord is concurrently terminating the leases of all other tenants in the Building that the Premises are located, or Tenant Tenant, if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty thirty (2030) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. In addition, if such damage is to the Premises and occurs during the last twelve (12) months of the Term, either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within thirty (30) days after the date of such casualty. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord’s notice, which date shall be no later than sixty (60) days following the date of Landlord’s notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds relating to damage to the Premises shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to receive from Landlord any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Maxygen Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises Premises, the Unit, the Building or the Building Project untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (c) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building or Project amounts in excess of insurance proceeds payable and available for repair or restoration, and if such proceeds are insufficient Landlord shall have the right to terminate this Lease upon giving written notice to Tenant within a reasonable time after determining such proceeds will be insufficient; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or intentional misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (d) Unless this Lease is terminated as provided in the preceding subparagraphsubparagraphs, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if Tenant was entitled to but elected not to exercise its right to terminate the required repairs Lease and restorations are Landlord does not substantially complete by the date repair and restoration of the Premises within ninety (90) days after the expiration of the estimated period of time set forth in Landlord’s Notice, which is 270 days from period shall be extended to the date extent of casualtyany Reconstruction Delays (as hereinafter defined), then Tenant may terminate this Lease by delivery of written notice thereof to Landlord within fifteen (“Tenant’s Notice”), specifying a termination date not less than ten (1015) days from after the date expiration of delivery such period, as the same may be extended. For purposes of Tenant’s Notice; providedthis Lease, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice term “Reconstruction Delays” shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forthmean: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of delays caused by the insurance adjustment process; (ii) any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restorationdelays caused by Tenant; and (iiiii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was delays caused by the gross negligence or willful misconduct events of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access theretoForce Majeure. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (XOOM Corp)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord’s notice, which date shall be no later than sixty (60) days following the date of Landlord’s notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. effect Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the The Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct and wrongful act of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Exact Sciences Corp)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete Substantially Complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (Amber Road, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination.. ​ (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Avista Public Acquisition Corp. II)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises Premises, the Building or the Building Project untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant's insurance of its own personal property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant's cost, to the extent Landlord received proceeds of Tenant's insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (c) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building or Project amounts in excess of insurance proceeds payable and available for repair or restoration, and if such proceeds are insufficient Landlord shall have the right to terminate this Lease upon giving written notice to Tenant within a reasonable time after determining such proceeds will be insufficient; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (d) Unless this Lease is terminated as provided in the preceding subparagraphsubparagraphs, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof. (f) The provisions of this Article Fourteen are subject and subordinate to the provisions of the Declaration. (g) Notwithstanding anything to the contrary provided herein, Landlord shall have no obligation to repair the Premises, the Building or Project in the event of a decision of the owners of the condominium units in the Building, pursuant to the provisions of the Declaration not to repair or restore following any damage or destruction. In such event, Landlord shall encourage the owners of the condominium units to make a prompt decision to repair and restore or not (a "Repair Decision") , and Landlord shall give prompt written notice of such Repair Decision to Tenant and this Lease shall automatically terminate upon the date of any such decision not to repair or restore. Tenant may from time to time inquire whether a Repair Decision has been made, and Landlord shall promptly respond to any such inquiry. If Landlord has not notified Tenant of the Repair Decision within ninety (90) days of the date of the damage, then, at any time until Landlord informs Tenant of the Repair Decision, Tenant may notify Landlord in writing of Tenant's election to terminate this Lease if Tenant does not receive notice of the Repair Decision by the date (the "Potential Termination Date") which is ten (10) business days after the date Landlord receives Tenant's notice. If Landlord does not inform Tenant of the Repair Decision on or before the Potential Termination Date, this Lease shall terminate on the Potential Termination Date.

Appears in 1 contract

Samples: Office Lease (Embarcadero Technologies Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord's notice, which date shall be no later than sixty (60) days following the date of Landlord's notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s 's cost, to the extent Landlord received proceeds of Tenant’s ' s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease (Maxygen Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord’s notice, which date shall be no later than sixty (60) days following the date of Landlord’s notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s Tenants insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s Tenants insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees; and (iii) in the event that the Premises is located in more than one building of the Project and any damage or destruction covered by this Article affects only one of the buildings in which the Premises is located, then the determination of the extent of damage or destruction shall be made only with respect to the building so affected, and Landlord or Tenant shall be entitled to terminate this Lease only with respect to the part of the Premises in the building so affected, and the Lease shall continue in full force and effect to the extent of the remainder, if any, of the Premises. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (ARMO BioSciences, Inc.)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises Premises, the Building or the Building Project untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one two hundred and eighty forty (180240) days from the date such damage occurred, then Landlord, or Tenant Tenant, if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. If Landlord has the right to terminate this Lease pursuant to this Section 14.01, Landlord agrees to exercise such right in a nondiscriminatory fashion among leases affecting the Building. Consideration of the following factors in arriving at its decision shall not be deemed discriminatory: length of term remaining on this Lease, time needed to repair and restore, costs of repair and restoration not covered by insurance proceeds, Landlord’s plans to repair and restore common areas serving the Premises, Landlord’s plans for repair and restoration of the Building, and other relevant factors of Landlord’s decision as long as they are applied to Tenant in the same manner as other tenants. (b) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds (“Tenant’s Personal Property Insurance Proceeds”) of Tenant’s insurance of its own personal property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds (other than Tenant’s Personal Property Insurance Proceeds) shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (c) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building or Project amounts in excess of insurance proceeds payable and available for repair or restoration, and if such proceeds are insufficient Landlord shall have the right to terminate this Lease upon giving written notice to Tenant within a reasonable time after determining such proceeds will be insufficient; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto, except as provided in Section 14.03 below. (d) Unless this Lease is terminated as provided in the preceding subparagraphsubparagraphs, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (ce) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverageIn addition, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease if: (a) a substantial portion of the Premises has been damaged by fire or other casualty and such damage cannot reasonably be repaired (as reasonably determined by Landlord pursuant to this Section if any damage or destruction a notice given to Tenant within sixty (60) days following the casualty) within one hundred twenty (120) days after the date of such casualty; (b) there is less than fifteen (15) months of the Term remaining on the date of such casualty; (c) the casualty was not caused by the gross negligence or willful misconduct of TenantTenant or its agents, employees or contractors; and (d) Tenant provides Landlord with written notice of its agent or employees. Whether or not intent to terminate within fifteen (15) days after the Lease Landlord’s notice is terminated delivered to Tenant pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access theretosubclause (a) above. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (INSU Acquisition Corp. II)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration and shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord estimates that the amount of time required to substantially complete Substantially Complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s 's Notice, provided that if Landlord so chooses, Landlord’s 's Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s 's insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions Alterations or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence act or willful misconduct neglect of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease (Gateway Energy Corp/Ne)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness within sixty (60) days after the occurrence of such damage, estimate the length of time that will be required to substantially complete Substantially Complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete Substantially Complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. Notwithstanding anything to the contrary, upon such termination, Tenant shall have no further obligation under this Lease (including payment of any fees) from and after such Termination Date. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions Alterations or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct or negligence of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Office Lease Agreement (E2open Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and shall by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the other at any time within twenty (20) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) In the event that the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, or if the buildings at the Project shall be damaged to the extent of fifty percent (50%) or more of the replacement value or to any extent if no insurance proceeds or insufficient insurance proceeds are receivable by Landlord, and regardless of whether or not the Premises be damaged, Landlord may elect by written notice to Tenant given within thirty (30) days after the occurrence of the casually to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date specified in Landlord’s notice, which date shall be no later than sixty (60) days following the date of Landlord’s notice. (c) Unless this Lease is terminated as provided in the preceding subparagraphSubsections 14.01 (a) and (b), Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if the required repairs and restorations are not complete by the date which is 270 days from the date of casualty, Tenant may terminate this Lease by delivery of written notice thereof to Landlord (“Tenant’s Notice”), specifying a termination date not less than ten (10) days from the date of delivery of Tenant’s Notice; provided, however, that if such repairs and restoration are completed prior to the date of termination set forth in Tenant’s Notice, then Tenant’s Notice shall be null and void and this Lease shall continue in full force and effect. (cd) Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant’s insurance of its own personal property, trade fixtures property and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s Tenants cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (de) Notwithstanding anything in this Article Fourteen to the contrary herein set forthcontrary: (i) Landlord shall have no duty pursuant to this Section to repair or restore any portion of any Tenant Additions or to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; and (ii) Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct and wrongful act of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access thereto. (ef) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Lease Agreement (Genomic Health Inc)

SUBSTANTIAL UNTENANTABILITY. (a) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, cause a licensed and qualified architect or contractor to estimate the length of time that will be required to substantially complete the repair and restoration and shall shall, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord estimates Landlord’s Notice indicates that the amount of time required to substantially complete such repair 55 and restoration will exceed one hundred and eighty (180) days from the date such damage occurred, then Landlord, or Tenant if all or a substantial portion of the Premises is rendered untenantable, shall have the right to terminate this Lease as of the date of such damage upon giving by delivering written notice to the other at any time within twenty thirty (2030) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination. (b) Unless this Lease is terminated as provided in the preceding subparagraph, Landlord shall proceed with reasonable promptness to repair and restore the Premises to its condition as existed prior to such casualty, subject to reasonable delays for insurance adjustments and Force Majeure delays, and also subject to zoning Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding the foregoing, if Landlord is obligated to repair or restore the required repairs Premises pursuant to this Section 14.1(b) and restorations are does not complete by Commence (as defined below in this Section 14.1(b)) such repair or restoration within ninety (90) days after such obligation shall accrue (the date “Outside Start Date”), which is 270 days from the date of casualtyOutside Start Date shall be subject to extension due to Force Majeure, Tenant may shall have the right, as its sole remedy, to terminate this Lease effective as of the date that is thirty (30) days after the Outside Start Date (the “Casualty Lease Termination Date”) by delivery of giving written notice thereof to Landlord (“Tenant’s Termination Notice”), specifying a termination date not less than ten ) within fifteen (1015) days from after the date of delivery of Tenant’s NoticeOutside Start Date; provided, however, that if such repairs and Landlord does Commence the repair or restoration are completed prior to on or before the date of termination set forth in Casualty Lease Termination Date, Tenant’s Notice, then Tenant’s Notice election to termination shall be null and void and this Lease shall continue in full force and effect. (c) Tenant acknowledges that Landlord . “Commence” shall be entitled to mean either the full proceeds unconditional authorization of any insurance coveragethe preparation of the required plans necessary for such repair or restoration, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds beginning of Tenant’s insurance of its own personal property, trade fixtures and equipment which would be removable by Tenant at the Termination Date. All such insurance proceeds shall be payable to Landlord whether or not the Premises are to be repaired and restored, provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Additions at Tenant’s cost, to the extent Landlord received proceeds of Tenant’s insurance covering Tenant Additions, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Additions. (d) Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section actual work to repair or restore the Premises, whichever first occurs. In order for Tenant to have the termination right provided for in this Section 14.1(b), Tenant’s Termination Notice must (i) be concurrently sent to any portion of any Tenant Additions or Mortgagee whose address has been provided to expend for any repair or restoration of the Premises or Building amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration; Tenant, and (ii) Tenant shall not have the right state Tenant’s intention to terminate this Lease pursuant to this Section if any damage or destruction was caused by the gross negligence or willful misconduct of Tenant, its agent or employees. Whether or not the Lease is terminated pursuant to this Article Fourteen, in no event shall Tenant be entitled to any compensation or damages for loss as of the use of the whole or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, rebuilding or restoration of the Premises or the Building or access theretoCasualty Lease Termination Date. (e) Any repair or restoration of the Premises performed by Tenant shall be in accordance with the provisions of Article Nine hereof.

Appears in 1 contract

Samples: Sublease (Dynavax Technologies Corp)

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