Common use of Tenant’s Right to Terminate Clause in Contracts

Tenant’s Right to Terminate. If the Leased Premises or any portion thereof are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this Article, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be complete. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Landlord of a written notice of election to terminate within fifteen (15) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (a) If the time estimated to substantially complete the restoration exceeds nine (9) months from and after the date the architect’s or construction consultant’s written opinion is delivered; or (b) If the damage occurred within eighteen (18) months of the last day of the Lease Term and the time estimated to substantially complete the restoration exceeds one-half (1/2) of the number of full months then remaining in the Lease Term from and after the date the architect’s or construction consultant’s written opinion is delivered.

Appears in 3 contracts

Samples: Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp)

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Tenant’s Right to Terminate. If the Leased Premises or any portion thereof are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this ArticleArticle 10, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s 's architect or construction consultant as to when the restoration work required of Landlord may be complete. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised in the case of A or B below only by delivery to Landlord of a written notice of election to terminate within fifteen thirty (1530) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (a) If A. The Premises are damaged by any peril and, in the time estimated to substantially complete reasonable opinion of Landlord's architect or construction consultant, the restoration exceeds of the Premises cannot be substantially completed within nine (9) months from and after the date the architect’s or construction consultant’s written opinion is deliveredof such casualty; or B. The Premises are damaged by any peril within twelve (b) If the damage occurred within eighteen (1812) months of the last day of the Lease Term and and, in the time estimated to substantially complete reasonable opinion of Landlord's architect or construction consultant, the restoration exceeds one-half (1/2) of the number of full months then remaining in the Lease Term from and Premises cannot be substantially completed within ninety (90) days after the date the architect’s or construction consultant’s written opinion such restoration is deliveredcommenced.

Appears in 2 contracts

Samples: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)

Tenant’s Right to Terminate. If the Leased Premises Premises, the Building or any portion thereof the Common Area are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this Article, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be complete. Tenant shall have the option to terminate this Lease (if Tenant is not then in default beyond applicable periods of notice and grace) in the event any of the following occurs, which option may be exercised only by delivery to Landlord of a written notice of election to terminate within fifteen (15) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (a) If the time estimated to substantially complete the restoration exceeds nine (9) months from and after the date the architect’s or construction consultant’s written opinion is delivered; or (b) If the damage occurred within eighteen (18) twelve months of the last day of the Lease Term and the time estimated to substantially complete the restoration exceeds one-half one hundred eighty (1/2180) of the number of full months then remaining in the Lease Term days from and after the date the architect’s or construction consultant’s written opinion such restoration is deliveredcommenced.

Appears in 1 contract

Samples: Lease (Threshold Pharmaceuticals Inc)

Tenant’s Right to Terminate. If the Leased Premises Premises, the Building or any portion thereof the Outside Area are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this Article, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s 's architect or construction consultant as to when the restoration work required of Landlord may be complete. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Landlord of a written notice of election to terminate within fifteen ten (1510) business days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (a) If the time estimated to substantially complete the restoration exceeds nine (9) twelve months from and after the date the architect’s 's or construction consultant’s 's written opinion is delivered; or (b) If the damage occurred within eighteen (18) twelve months of the last day of the Lease Term and the time estimated to substantially complete the restoration exceeds one-half (1/2) of the number of full months then remaining in the Lease Term one hundred eighty days from and after the date such restoration is commenced. (c) If the architect’s or construction consultant’s written opinion time estimated for completion of the restoration is deliveredless than two hundred seventy (270) days but Landlord fails to complete the restoration within two hundred seventy (270) days after commencement of the restoration.

Appears in 1 contract

Samples: Lease (Aviron)

Tenant’s Right to Terminate. If the Leased Premises Premises, the Building or any portion thereof the Common Area are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this Article, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be complete. Tenant shall have the option to terminate this Lease (if Tenant is not then in monetary or material non-monetary default with respect to which it has received a written notice from Landlord) in the event any of the following occurs, which option may be exercised only by delivery to Landlord of a written notice of election to terminate within fifteen seven days (157) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (a) If the time estimated to substantially complete the restoration of the Landlord Work exceeds nine (9) twelve months from and after the date the architect’s or construction consultant’s written opinion is delivered; or (b) If the damage occurred within eighteen (18) months of the last day of the Lease Term and the time estimated to substantially complete the restoration exceeds one-half ninety (1/290) of the number of full months then remaining in the Lease Term days from and after the date of the architect’s or construction consultant’s written opinion is deliveredcasualty.

Appears in 1 contract

Samples: Lease Agreement (Palo Alto Networks Inc)

Tenant’s Right to Terminate. If the Leased Premises Premises, the Building or any portion thereof the Common Area are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this Article, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be complete. Tenant shall have the option to terminate this Lease (if Tenant is not then in monetary or material non-monetary default with respect to which it has received a written notice from Landlord) in the event any of the following occurs, which option may be exercised only by delivery to Landlord of a written notice of election to terminate within fifteen seven days (157) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (a) If the time estimated to substantially complete the restoration of the Landlord’s Work exceeds nine (9) twelve months from and after the date the architect’s or construction consultant’s written opinion is delivered; or (b) If the damage occurred within eighteen (18) months of the last day of the Lease Term and the time estimated to substantially complete the restoration exceeds one-half ninety (1/290) of the number of full months then remaining in the Lease Term days from and after the date of the architect’s or construction consultant’s written opinion is deliveredcasualty.

Appears in 1 contract

Samples: Lease Agreement (Palo Alto Networks Inc)

Tenant’s Right to Terminate. If the Leased Premises Premises, the Building or any portion thereof the Common Area are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this ArticleArticle 10, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord with respect to the Leased Premises may be complete. Tenant shall have the option to terminate this Lease (if Tenant is not then in default) in the event any of the following occurs, which option may be exercised only by delivery to Landlord of a written notice of election to terminate within fifteen (15) seven days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (a) If the time estimated to substantially complete the restoration exceeds nine twelve (912) months from and after the date the architect’s or construction consultant’s written opinion is delivered; or (b) If the damage occurred within eighteen (1812) twelve months of the last day of the Lease Term and the time estimated to substantially complete the restoration exceeds one-half one hundred fifty (1/2150) of the number of full months then remaining in the Lease Term days from and after the date the architect’s or construction consultant’s written opinion such restoration is deliveredcommenced.

Appears in 1 contract

Samples: Lease Agreement (Biolase, Inc)

Tenant’s Right to Terminate. If the Leased Premises Premises, the Buildings or any portion thereof the Common Area are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this Article, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be complete. Tenant shall have the option to terminate this Lease (if Tenant is not then in monetary or material non-monetary default with respect to which it has received a written notice from Landlord) in the event any of the following occurs, which option may be exercised only by delivery to Landlord Building F and Amenities Building of a written notice of election to terminate within fifteen seven days (157) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (a) If the time estimated to substantially complete the restoration of the Landlord Work exceeds nine (9) twelve months from and after the date the architect’s or construction consultant’s written opinion is delivered; or (b) If the damage occurred within eighteen (18) months of the last day of the Lease Term and the time estimated to substantially complete the restoration exceeds one-half ninety (1/290) of the number of full months then remaining in the Lease Term days from and after the date of the architect’s or construction consultant’s written opinion is deliveredcasualty.

Appears in 1 contract

Samples: Lease Agreement (Palo Alto Networks Inc)

Tenant’s Right to Terminate. If the Leased Premises Premises, the Building or any portion thereof the Common Area are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this Article, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be complete. Tenant shall have the option to terminate this Lease (if Tenant is not then in monetary or material non-monetary default with respect to which it has received a written notice from Landlord) in the event any of the following occurs, which option may be exercised only by delivery to Landlord of a written notice of election to terminate within fifteen seven days (157) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (a) If the time estimated to substantially complete the restoration exceeds nine (9) twelve months from and after the date the architect’s or construction consultant’s written opinion is delivered; or (b) If the damage occurred within eighteen (18) months of the last day of the Lease Term and the time estimated to substantially complete the restoration exceeds one-half ninety (1/290) of the number of full months then remaining in the Lease Term days from and after the date of the architect’s or construction consultant’s written opinion is deliveredcasualty.

Appears in 1 contract

Samples: Lease Agreement (Palo Alto Networks Inc)

Tenant’s Right to Terminate. If the Leased Premises or any portion thereof are Building is damaged by any peril --------------------------- and Landlord does not elect to terminate this Lease or is not entitled so to terminate this Lease pursuant to this ArticleParagraph 16.B, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, . Landlord shall furnish Tenant with the written opinion of Landlord’s architect 's architect, contractor or construction consultant as to when the restoration work required of Landlord may be completecompleted. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Landlord of a written notice of election to terminate within fifteen (15) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (i) The Building is damaged by any peril and, in the reasonable opinion of Landlord's architect, contractor or construction consultant, the restoration of the Premises cannot be substantially completed within the earlier of (a) If the time estimated to substantially complete the restoration exceeds nine two hundred seventy (9270) months from and days after the date the architect’s of issuance of necessary building permits for such restoration; or construction consultant’s written opinion is delivered; or (b) If three hundred sixty-five (365) days after the damage occurred date of such damage. (ii) The Building is damaged by any peril within eighteen twelve (1812) months of the last day of the Lease Term and Term, and, in the time estimated to substantially complete reasonable opinion of Landlord's architect or construction consultant, the restoration exceeds one-half (1/2) of the number of full months then remaining in the Lease Term from and Building cannot be substantially completed within ninety (90) days after the date the architect’s or construction consultant’s written opinion is deliveredof such damage.

Appears in 1 contract

Samples: Lease (Pilot Network Services Inc)

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Tenant’s Right to Terminate. If the Leased Premises or any portion thereof are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this Article, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s 's architect or construction consultant as to when the restoration work required of Landlord may be complete. Tenant shall have the option opinion to terminate this Lease in the event any of the following occurs, which option may be exercised in the case of A or B below only by delivery to Landlord of a written notice of election to terminate within fifteen ten (1510) business days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (a) A. If the time estimated to substantially complete the restoration exceeds nine (9) months from and after the date the architect’s or construction consultant’s written opinion is deliveredof such damage; or (b) B. If the damage occurred within eighteen (18) nine months of the last day of the Lease Term and the time estimated to substantially complete the restoration exceeds one-half (1/2) of the number of full months then remaining in the Lease Term ninety days from and after the date such restoration is commenced; or C. Landlord does not complete the architect’s or construction consultant’s written opinion is deliveredrestoration within nine months from the date of the damage.

Appears in 1 contract

Samples: Lease Agreement (Universal Access Inc)

Tenant’s Right to Terminate. If the Leased Premises Premises, the Building or any portion thereof the Outside Area are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this Article, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s 's architect or construction consultant as to when the restoration work required of Landlord may be complete. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Landlord of a written notice of election to terminate within fifteen (15) seven days after Tenant receives from Landlord the estimate of the time needed to complete such restoration:restoration (which estimate Landlord shall deliver within thirty (30) days following the date of damage): (a) If the time estimated to substantially complete the restoration exceeds nine (9) months from and after the date the architect’s 's or construction consultant’s 's written opinion is delivered; or; (b) If the damage occurred within eighteen (18) twelve months of the last day of the Lease Term and the time estimated to substantially complete the restoration exceeds one-half (1/2) of the number of full months then remaining in the Lease Term one hundred eighty days from and after the date the architect’s or construction consultant’s written opinion such restoration is deliveredcommenced.

Appears in 1 contract

Samples: Lease Agreement (Polycom Inc)

Tenant’s Right to Terminate. If the Leased Premises or any portion thereof are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this Article, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s 's architect or construction consultant as to when the restoration work required of Landlord may be complete. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised in the case of A or B below only by delivery to Landlord of a written notice of election to terminate within fifteen ten (1510) business days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (a) A. If the time estimated to substantially complete the restoration exceeds nine (9) months from and after the date the architect’s or construction consultant’s written opinion is deliveredof such damage; or (b) B. If the damage occurred within eighteen (18) nine months of the last day of the Lease Term and the time estimated to substantially complete the restoration exceeds one-half (1/2) of the number of full months then remaining in the Lease Term ninety days from and after the date such restoration is commenced; or C. Landlord does not complete the architect’s or construction consultant’s written opinion is deliveredrestoration within nine months from the date of the damage.

Appears in 1 contract

Samples: Lease Agreement (Universal Access Inc)

Tenant’s Right to Terminate. If the Leased Premises Premises, the Building or any portion thereof the Outside Area are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this Article, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s 's architect or construction consultant as to when the restoration work required of Landlord may be complete. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Landlord of a written notice of election to terminate within fifteen (15) seven days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (a) If the time estimated to substantially complete the restoration exceeds nine (9) months from and after the date the architect’s 's or construction consultant’s 's written opinion is delivered, or Landlord fails within such nine (9) month time period to actually repair the damage; or (b) If the damage occurred within eighteen (18) twelve months of the last day of the Lease Term and the time estimated to substantially complete the restoration exceeds one-half (1/2) of the number of full months then remaining in the Lease Term one hundred eighty days from and after the date the architect’s or construction consultant’s written opinion such restoration is deliveredcommenced.

Appears in 1 contract

Samples: Lease Agreement (Marvell Technology Group LTD)

Tenant’s Right to Terminate. If the Leased Premises Premises, the Building or any portion thereof the Outside Area are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to this Article, then as soon as reasonably practicable, but in any event within ninety (90) days after the date of such damage or destruction, Landlord shall furnish Tenant with the written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be complete. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Landlord of a written notice of election to terminate within fifteen (15) seven days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (a) If the time estimated to substantially complete the restoration exceeds nine (9) months from and after the date the architect’s or construction consultant’s written opinion is delivered, or Landlord fails within such nine (9) month time period to actually repair the damage; or (b) If the damage occurred within eighteen (18) twelve months of the last day of the Lease Term and the time estimated to substantially complete the restoration exceeds one-half (1/2) of the number of full months then remaining in the Lease Term one hundred eighty days from and after the date the architect’s or construction consultant’s written opinion such restoration is deliveredcommenced.

Appears in 1 contract

Samples: Sublease (Atheros Communications Inc)

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