Common use of Tenant’s Election Clause in Contracts

Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 11, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's architect or construction consultant, the repair or restoration of the Premises cannot be substantially completed within three hundred sixty (360) days, or cannot be commenced within one hundred eighty (180) days following the event of damage or destruction. Xxxxxx's election shall be made by written notice to Landlord given within ten (10) days following Xxxxxx's receipt from Landlord of the estimate of the time required to complete the repair or restoration of the Premises which Landlord shall deliver within thirty (30) days after the occurrence of the event of damage or destruction. If Tenant does not deliver such notice within such ten-day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to such 360-day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises and has commenced such rebuilding and restoration within the 180-day period provided for above. If Tenant delivers such notice within such ten-day period, this Lease shall terminate as of the date of occurrence of the event of damage or destruction.

Appears in 2 contracts

Samples: Office Lease (Interwave Communications International LTD), Office Lease (Interwave Communications International LTD)

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Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 11Paragraph 15, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's architect or construction consultantconsultants, the repair or restoration of the Premises cannot be substantially completed within three hundred sixty (360) days, or cannot be commenced within one hundred eighty (180) days following after the event of damage or destruction. XxxxxxTenant's election shall be made by written notice to Landlord given within ten twenty (1020) days following Xxxxxx's receipt after Tenant receives from Landlord of the estimate of the time required needed to complete the repair or restoration of the Premises which Landlord shall deliver within thirty (30) days after the occurrence of the event of damage or destructionPremises. If Tenant does not deliver such said notice within such ten-said twenty (20) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to such 360-said one hundred eighty day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises and has commenced Premises. The preceding sentence to the contrary notwithstanding, if such rebuilding and or restoration is not completed within two hundred forty (240) days following the 180-event of damage or destruction, then Tenant shall be allowed to terminate this Lease (even if Landlord is proceeding with diligence to rebuild or restore the Premises) by delivering written notice to Landlord within twenty (20) days following such two hundred forty (240) day period provided for aboveperiod. If Tenant delivers such said notice within such ten-said twenty (20) day period, this Lease shall terminate as of the date of occurrence of the event of damage or destruction.

Appears in 2 contracts

Samples: Net Lease Agreement (Integrated Device Technology Inc), Net Lease Agreement (Integrated Device Technology Inc)

Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 11Paragraph 15, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's ’s architect or construction consultantconsultants, the repair or restoration of the Premises cannot be substantially completed within three two hundred sixty ten (360) days, or cannot be commenced within one hundred eighty (180210) days following after the event of damage or destructiondestruction (and such notice shall provide the later date by which such architect or consultant estimates the restoration to be complete). Xxxxxx's Tenant’s election shall be made by written notice to Landlord given within ten twenty (1020) days following Xxxxxx's receipt after Tenant receives from Landlord of the estimate of the time required needed to complete the repair or restoration of the Premises which Landlord shall deliver within thirty (30) days after the occurrence of the event of damage or destructionPremises. If Tenant does not deliver such said notice within such ten-said twenty (20) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to such 360-said two hundred ten (210) day period, provided that Landlord is not proceeding with diligence to rebuild or restore the Premises and has commenced such rebuilding and restoration within the 180-day period provided for abovePremises. If Tenant delivers such said termination notice within such ten-said twenty (20) day period, this Lease shall terminate as of the date of occurrence of the event of damage or destruction.

Appears in 1 contract

Samples: Net Lease Agreement (Proteinsimple)

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Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 11Paragraph 15, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's architect or construction consultantconsultants, the repair or restoration of the Premises cannot be substantially completed within three hundred sixty (360) days, or cannot be commenced within one hundred eighty (180) days following after the event of damage or destruction. XxxxxxTenant's election shall be made by written notice to Landlord given within ten twenty (1020) days following Xxxxxx's receipt after Tenant receives from Landlord of the estimate of the time required needed to complete the repair or restoration of the Premises which Landlord shall deliver within thirty (30) days after the occurrence of the event of damage or destructionPremises. If Tenant does not deliver such said notice within such ten-said twenty (20) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to such 360-said one hundred eighty (180) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises and has commenced Premises. The preceding sentence to the contrary notwithstanding, if such rebuilding and or restoration is not completed within two hundred forty (240) days following the 180-event of damage or destruction, then Tenant shall be allowed to terminate this Lease (even if Landlord is proceeding with diligence to rebuild or restore the Premises) by delivering written notice to Landlord within twenty (20) days following such two hundred forty (240) day period provided for aboveperiod. If Tenant delivers such said notice within such ten-said twenty (20) day period, this Lease shall terminate as of the date of occurrence of the event of damage or destruction.

Appears in 1 contract

Samples: Net Lease Agreement (Integrated Device Technology Inc)

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