Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 8 contracts
Samples: Lease Agreement (T Netix Inc), Lease Agreement (Biosite Diagnostics Inc), Agreement (LJL Biosystems Inc)
Uninsured Loss. Subject to the provisions of paragraphs paragraph 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 3 contracts
Uninsured Loss. Subject to the provisions of paragraphs paragraph 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of LessorXxxxxx's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of LessorXxxxxx's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of LesseeXxxxxx's intention to repair such damage at LesseeXxxxxx's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 3 contracts
Samples: Assignment of Lease (Redenvelope Inc), Assignment of Lease (Redenvelope Inc), Assignment of Lease (Redenvelope Inc)
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 3 contracts
Samples: Progenitor Inc, Brake Headquarters U S a Inc, Progenitor Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which that is not an Insured Loss and which that falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's its expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such ten (10-) day period period, this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 2 contracts
Samples: Lease (WTC Industries Inc), Lease Agreement (Sportsmans Guide Inc)
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's ' intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 2 contracts
Samples: Coyote Sports Inc, Coyote Sports Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 Sections 13.4 and 9.513.5, if at any time during the term of this Lease Term there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee Tenant (in which event Lessee Tenant shall make the repairs at Lessee's Tenant’s expense), which damage prevents Lessee from using causes substantial interference with the Premisesnormal conduct of Tenant’s business, Lessor Landlord may at Lessor's Landlord’s option either (i) repair such damage as soon as reasonably possible at Lessor's Landlord’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage of Lessor's Landlord’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor Landlord elects to give such notice of Lessor's Landlord’s intention to cancel and terminate this Lease, Lessee Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of Lessee's Tenant’s intention to repair such damage at Lessee's Tenant’s expense, without reimbursement from LessorLandlord, in which event this Lease shall continue in full force and effect, and Lessee Tenant shall proceed to make such repairs as soon as reasonably possible. If Lessee Tenant does not give such notice within such 10-day ten (10)-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.59.6, if at any time during the term form of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days 10)days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from form Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If possible if Lessee does not give such notice within such 10-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Master Graphics Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within into the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Cavco Industries Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Polycom Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, . Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of LessorLessee's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In damage in the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, . Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: CRL Network Services Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured insured Loss and which falls within the classification of Premises Promises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Bikers Dream Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which that is not an Insured Loss and which that falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's its expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's ’s option either (i) repair such damage as soon as reasonably possible at Lessor's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's ’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's ’s intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's ’s intention to repair such damage at Lessee's ’s expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such ten (10-) day period period, this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: First Lease Amendment Agreement (Transoma Medical Inc)
Uninsured Loss. Subject to the provisions of paragraphs paragraph 9.4 and 9.5, if at any time during the term of this Lease Lease, there is damage which is not an Insured Loss insured loss, and which falls within the classification of Premises Partial Damage premises partial damage or Premises Building Partial Damagepremises building partial damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premisespremises, Lessor may at Lessor's option either (i1) repair such damage as soon as reasonably possible possible, at Lessor's expense, in which event this Lease lease shall continue in full force and effect, or (ii2) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, Lessor in which event this Lease lease shall continue in full force and effect, effect and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such Ten (10-) day period this Lease lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Industrial Lease Agreement (Celebrateexpress Com Inc)
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee or its agents, contractors or invitees (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and or terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Big Dog Holdings Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's ’s expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's ’s option either (i) repair such damage as soon as reasonably possible at Lessor's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence occurence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence occurence of such damage. In the event Lessor elects to give such notice of Lessor's ’s intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's ’s intention to repair such damage damages at Lessee's ’s expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence occurence of such damage.
Appears in 1 contract
Samples: Inamed Corp
Uninsured Loss. Subject to the provisions of paragraphs paragraph 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, Damage unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), ) which damage prevents Lessee from using the Premises, . Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, expense in which event this Lease shall continue in full force and effect, or (ii) give given written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In damage in the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, . Lessee shall have the right within ten (10) days after the receipt of such notice to give five written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, Lessor in which event this Lease shall continue in full force and effect, effect and Lessee shall proceed to make such repairs as soon as reasonably possible. If possible if Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Lease Agreement (Iown Holdings Inc)
Uninsured Loss. Subject to the provisions of paragraphs 9.4 8.4 and 9.58.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee Tenant (in which event Lessee Tenant shall make the repairs at LesseeTenant's expenseexpenses), which damage prevents Lessee Tenant from using making any substantial use of the Premises, Lessor Landlord may at LessorLandlord's option either (i) repair such damage as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage of LessorLandlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated terminate as of the date of the occurrence of such damage.. Tenant shall have the right to terminate the Lease if repairs can’t be completed within 180-270 days, unless caused by a negligent or willful act of Tenant, in which Tenant shall make repairs at Tenant’s expense...
Appears in 1 contract
Samples: Work Letter Agreement (Convera Corp)
Uninsured Loss. Subject to the provisions of paragraphs paragraph 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention Intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Qad Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 Sections 15.4.15.5 and 9.515.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee Tenant (in which event Lessee Tenant shall make the repairs at LesseeTenant's expense), which damage prevents Lessee Tenant from using the Premises, Lessor Landlord may at LessorLandlord's option either (i) repair such damage as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage of LessorLandlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor Landlord elects to give such notice of LessorLandlord's intention to cancel and terminate this Lease, Lessee Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of LesseeTenant's intention to repair such damage at LesseeTenant's expense, without reimbursement from LessorLandlord, in which event this Lease shall continue in full force and effect, and Lessee Tenant shall proceed to make such repairs as soon as reasonably possible. If Lessee Tenant does not give such notice within such 10-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Work Letter Agreement (Corixa Corp)
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using making any substantial use of the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue terminate as of the date of the occurrence of such damage. If Lessor has not given to Lessee the thirty (30) day notice provided in full force and effectthe preceding subparagraph (ii), and if Lessor has not commenced the repair pursuant to subparagraph (i), then at any time thereafter before Lessor actually commences the repair, Lessee shall proceed by notice to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period Lessor may cancel and terminate this Lease shall be cancelled and terminated by notice to Lessor as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Office Lease (Cerplex Group Inc/De)
Uninsured Loss. Subject to the provisions of paragraphs paragraph 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage damaged prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this the Lease, Lessee Lease shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Industrial Lease (Valueclick Inc/Ca)
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's ’s expense), which damage prevents Lessee from using the Premises, Lessor or may at Lessor's ’s option either (i) repair such damage as soon as reasonably possible at Lessor's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's ’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's ’s intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's ’s intention to repair such damage at Lessee's ’s expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Inamed Corp
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's ’s expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's ’s option either (i) repair such damage as soon as reasonably possible at Lessor's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) 30 days after the date of the occurrence of such damage of Lessor's ’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's ’s intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's ’s intention to repair such damage at Lessee's ’s expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.. Initials
Appears in 1 contract
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention Intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Qad Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damageoccurs, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expenseexpense and this Lease shall continue in full force and effect), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option option, either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of Lessor's intention desire to cancel and terminate this Lease as of the date of sixty (60) days following the occurrence date of such damagenotice. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention commitment to pay for the repair of such damage totally at Lessee's expense, expense and without reimbursement from Lessor, . Lessee shall provide Lessor with the required funds or assurance thereof satisfactory to Lessor in which its sole discretion within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Lessee Lessor shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Lessee does not give such notice and provide the funds or assurance thereof within such 10-day period the times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Lessor's notice of the occurrence of such damagetermination.
Appears in 1 contract
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's ’s expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's ’s option either (i) repair such damage as soon as reasonably possible at Lessor's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's ’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In , in the event Lessor elects to give such notice of Lessor's ’s intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's ’s intention to repair such damage at Lessee's ’s expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Inamed Corp
Uninsured Loss. Subject to the provisions of paragraphs paragraph 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Redenvelope Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during During the term of this Lease there is damage which is not an Insured Loss insured loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damagepartial damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, . Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In damage in the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If , if Lessee does not give such notice within such 10-ten day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.. 12.3
Appears in 1 contract
Samples: California Clean Air Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Sublease (Spectrian Corp /Ca/)
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which that is not an Insured Loss and which that falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's its expense), which damage prevents Lessee from using materially impairs Lessee's ability to access, use or enjoy the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty twenty (3020) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten twenty (1020) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-thirty (30) day period period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Discovery Partners International Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee or its agents, contractors or invitees (in which event event, subject to Paragraph 8.7 hereof, Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and or terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's ’s expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's ’s option either (i) repair such damage as soon as reasonably possible at Lessor's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's ’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's ’s intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's ’s intention to repair such damage at Lessee's ’s expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Guaranty (Inamed Corp)
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, . if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs repair at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) 30 days after after' the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease Lessee shall continue in full force and effect, and Lessee shall proceed to make snake such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled canceled and terminated as of the she date of the occurrence of such damage.
Appears in 1 contract
Samples: Profile Technologies Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (iI) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (iiII) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If possible if Lessee does not give such notice within such 10-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls fall within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, expense in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Legends of the Faith Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessorlessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10910) days after the receipt of such notice to give written notice to Lessor of Lesseelessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessorlessor, in which event this Lease shall continue in full force and effect, and Lessee lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Biosite Diagnostics Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in In which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (il) repair such damage as soon as reasonably possible at Lessor's expense, in In which event this Lease shall continue in full force and effect, or (iiil) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Uninsured Loss. Subject to the provisions of paragraphs 9.4 Sections 13.4 and 9.513.5, if at any time during the term of this Lease Term there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee Tenant (in which event Lessee Tenant shall make the repairs at Lessee's Tenant’s expense), which damage prevents Lessee from using causes substantial interference with the Premisesnormal conduct of Tenant’s business, Lessor Landlord may at Lessor's Landlord’s option either (i) repair such damage as soon as reasonably possible at Lessor's Landlord’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage of Lessor's Landlord’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor Landlord elects to give such notice of Lessor's Landlord’s intention to cancel and terminate this Lease, Lessee Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of Lessee's Tenant’s intention to repair such damage at Lessee's Tenant’s expense, without reimbursement from LessorLandlord, in which event this Lease shall continue in full force and effect, and Lessee Tenant shall proceed to make such repairs as soon as reasonably possible. If Lessee Tenant does not give such notice within such 10ten-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Alphatec Holdings, Inc.
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premisespremises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, expense without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Ameriquest Technologies Inc
Uninsured Loss. Subject to the provisions of paragraphs 9.4 13.4 and 9.513.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within into the classification of either Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee Tenant (in which event Lessee Tenant shall make the repairs at LesseeTenant's expense), which damage prevents Lessee Tenant from using the Premises, Lessor Landlord may at LessorLandlord's option either (i) repair such damage as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage of LessorLandlord's intention to cancel and terminate this Lease as of on the date of the occurrence of such damage. In the event Lessor Landlord elects to give such notice of LessorLandlord's intention to cancel and terminate this Lease, Lessee Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of LesseeTenant's intention to repair such damage at LesseeTenant's expense, without reimbursement reimbursements from LessorLandlord, in which event this Lease shall continue in full force and effect, and Lessee Tenant shall proceed to make such repairs as soon as reasonably possible. If Lessee Tenant does not give such notice within such 10-day period period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, Damage unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, expense in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention Lessxx'x xntention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention Lessxx'x xntention to repair such damage at Lessee's expenseLessxx'x xxpense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Tenant Lease (Kensey Nash Corp)
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's ’s expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's ’s option either (i) repair such damage as soon as reasonably possible at Lessor's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's ’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In , in the event Lessor elects to give such notice of Lessor's ’s intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's ’s intention to repair such damage at Lessee's ’s expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Industrial Lease (Drugstore Com Inc)
Uninsured Loss. Subject to the provisions of paragraphs 9.4 8.4 and 9.58.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee Tenant (in which event Lessee Tenant shall make the repairs at LesseeTenant's expenseexpenses), which damage prevents Lessee Tenant from using making any substantial use of the Premises, Lessor Landlord may at LessorLandlord's option either (i) repair such damage as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage of LessorLandlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated terminate as of the date of the occurrence of such damage.. Tenant shall have the right to terminate the Lease if repairs can't be completed within 180-270 days, unless caused by a negligent or willful act of Tenant, in which Tenant shall make repairs at Tenant's expense...
Appears in 1 contract
Samples: Letter Agreement (Convera Corp)
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, . Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event even[ this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, . Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full lull force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Industrial Lease (Solpower Corp)
Uninsured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Uninsured Loss. Subject to the provisions of paragraphs 9.4 Sections 13.4 and 9.513.5, if at any time during the term of this Lease Term there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee Tenant (in which event Lessee Tenant shall make the repairs at LesseeTenant's expense), which damage prevents Lessee from using causes substantial interference with the Premisesnormal conduct of Tenant's business, Lessor Landlord may at LessorLandlord's option either (i) repair such damage as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage of LessorLandlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor Landlord elects to give such notice of LessorLandlord's intention to cancel and terminate this Lease, Lessee Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of LesseeTenant's intention to repair such damage at LesseeTenant's expense, without reimbursement from LessorLandlord, in which event this Lease shall continue in full force and effect, and Lessee Tenant shall proceed to make such repairs as soon as reasonably possible. If Lessee Tenant does not give such notice within such 10ten-day period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.
Appears in 1 contract
Samples: Redline Performance Products Inc