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, 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, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord’s Notice indicates that the amount of time required to substantially complete such repair and restoration will exceed one hundred 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 by delivering written notice to the other at any time within thirty (30) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination.

Appears in 1 contract

Samples: Laboratory Lease (Dynavax Technologies Corp)

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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, 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 (excluding any Tenant Additions) and shall, shall by notice advise Tenant of such estimate ("Landlord’s 's Notice"). If Landlord’s Notice indicates Landlord estimates that the amount of time required to substantially complete such repair and restoration (excluding any Tenant Additions) will exceed one hundred 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 by delivering upon giving written notice to the other at any time within thirty twenty (3020) 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.

Appears in 1 contract

Samples: Lease Between Metropolitan Life (Netobjects 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 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 's Notice"). If Landlord’s 's Notice indicates that the amount of time required to substantially complete such repair and restoration will exceed one hundred 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 by delivering upon giving written notice to the other at any time within thirty twenty (3020) 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.

Appears in 1 contract

Samples: Workletter 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 but in no event later than 60 days following such fire or other casualty, 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 's Notice"). If Landlord’s Notice indicates Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred 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 by delivering upon giving written notice to the other at any time within thirty twenty (3020) 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.

Appears in 1 contract

Samples: Workletter Agreement (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, 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, by notice advise Tenant of such estimate (“Landlord’s Notice”). If Landlord’s Notice indicates that the amount of time required to substantially complete such repair 55 and restoration will exceed one hundred 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 by delivering written notice to the other at any time within thirty (30) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination.

Appears in 1 contract

Samples: Sublease (Dynavax Technologies Corp)

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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 untenantableuntenantable for the Permitted Use, 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’s Notice indicates that the amount of time required to substantially complete such repair and restoration will exceed one hundred 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 by delivering upon giving written notice to the other at any time within thirty twenty (3020) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination.

Appears in 1 contract

Samples: Workletter 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 but in no event more than sixty (60) days, 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’s Notice indicates Landlord estimates that the amount of time required to substantially complete such repair and restoration will exceed one hundred 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 by delivering upon giving written notice to the other at any time within thirty twenty (3020) days after delivery of Landlord’s Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of termination.

Appears in 1 contract

Samples: Office Lease (Kinemed Inc)

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