Tenant’s Termination Election. Unless the Landlord has earlier advised the Tenant of the Landlord’s election to terminate this Lease pursuant to Section 8.2, or to restore the Premises and maintain this Lease in effect pursuant to Section 8.1, the Tenant shall have the right after the expiration of ninety (90) days after any casualty which materially impairs a material portion of the Premises to give a written notice to the Landlord requiring the Landlord within ten (10) days thereafter to exercise or waive any right of the Landlord to terminate this Lease pursuant to Section 8.2 as a result of such casualty and if the Landlord fails to give timely notice to the Tenant waiving any right under Section 8.2 to terminate this Lease based on such casualty, the Tenant shall be entitled, at any time until the Landlord has given notice to the Tenant waiving such termination right, to give notice to the Landlord terminating this Lease. Where the Landlord is obligated to exercise reasonable efforts to restore the Premises, unless such restoration is completed within nine (9) months from the date of the casualty or taking, such period to be subject, however, to extension where the delay in completion of such work is due to External Causes (but in no event beyond nine (9) months from the date of the casualty or taking), the Tenant shall have the right to terminate this Lease at any time after the expiration of such nine-month (as extended) period until the restoration is substantially completed, such termination to take effect as of the date of the Casualty or Taking.
Appears in 3 contracts
Samples: Lease (Voyager Therapeutics, Inc.), Lease Agreement (Agios Pharmaceuticals Inc), Lease Agreement (Agios Pharmaceuticals Inc)
Tenant’s Termination Election. Unless the Landlord has earlier advised the Tenant of the Landlord’s 's election to terminate this Lease pursuant to Section 8.2, or has earlier commenced to restore the Premises and maintain this Lease in effect pursuant to Section 8.1, the Tenant shall have the right after the expiration of ninety sixty (9060) days after any casualty which materially impairs a material portion of the Premises to give a written notice to the Landlord requiring the Landlord within ten (10) days thereafter to either (a) exercise or waive any right of the Landlord to terminate this Lease pursuant to Section 8.2 as a result of such casualty casualty, or (b) give written notice that Landlord intends to restore the Premises pursuant to Section 8.1 and if the Landlord fails to give timely notice response to the Tenant waiving any right under Section 8.2 to terminate this Lease based on such casualtyTenant's notice, the Tenant shall be entitled, at any time until the Landlord has given notice to the Tenant waiving such termination right, entitled to give notice to the Landlord terminating this Lease. Where the Landlord is obligated to exercise reasonable efforts to restore the Premises, unless such restoration is completed within nine two hundred seventy (9270) months days from the date of the casualty or taking, such period to be subject, however, to extension where the delay in completion of such work is due to External Causes (but in no event beyond nine (9) months from the date of the casualty or taking)Causes, the Tenant shall have the right to terminate this Lease at any time after the expiration of such nine-month two hundred seventy (270) days (as extended) period until the restoration is substantially completed, such termination to take effect as of the date of the Casualty or TakingTenant's notice.
Appears in 2 contracts
Samples: Lease Agreement (Praecis Pharmaceuticals Inc), Lease Agreement (Praecis Pharmaceuticals Inc)
Tenant’s Termination Election. Unless the Landlord has earlier advised the Tenant of the Landlord’s election to terminate this Lease pursuant to Section 8.2, or to restore the Premises and maintain this Lease in effect pursuant to Section 8.1, the Tenant shall have the right after the expiration of ninety (90) days after any casualty which materially impairs a material portion of the Premises to give a written notice to the Landlord requiring the Landlord within ten (10) days thereafter to exercise or waive any right of the Landlord to terminate this Lease pursuant to Section 8.2 as a result of such casualty and if the Landlord fails to give timely notice to the Tenant waiving any right under Section 8.2 to terminate this Lease based on such casualty, the Tenant shall be entitled, at any time until the Landlord has given notice to the Tenant waiving such termination right, to give notice to the Landlord terminating this Lease. Where the Landlord is obligated to exercise reasonable efforts to restore the Premises, unless such restoration is completed within nine (9) months from the date of the casualty or taking, such period to be subject, however, to extension where the delay in completion of such work is due to External Causes (but in no event beyond nine (9) months from the date of the casualty or taking), the Tenant shall have the right to terminate this Lease at any time after the expiration of such nine-month (as extended) period until the restoration is substantially completedperiod, such termination to take effect as of the date of the Casualty or Taking.
Appears in 1 contract
Samples: Lease (Voyager Therapeutics, Inc.)