Common use of WITHIN 90 DAYS Clause in Contracts

WITHIN 90 DAYS. If the Premises or Building should be damaged by Casualty to such extent that material restoration can in Landlord's estimation be reasonably completed within ninety (90) days after the date of such notice and receipt of required permits for such restoration, this Lease shall not terminate. Provided that insurance proceeds are received by Landlord to fully repair the damage, Landlord shall proceed to rebuild and repair the Premises in the manner determined by Landlord, except that Landlord shall not be required to rebuild, repair or replace any part of the Alterations which may have been placed on or about the Premises by Tenant. If the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which they are untenantable shall be abated proportionately, but only to the extent of rental abatement insurance proceeds received by Landlord during the time and to the extent the Premises are unfit for occupancy.

Appears in 1 contract

Samples: Sublease (Adforce Inc)

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WITHIN 90 DAYS. If the Premises or Building should be damaged by Casualty to such extent that material restoration can in Landlord's estimation be reasonably completed within ninety (90) days after the date of such notice damage and receipt of required permits for such restoration, this Lease shall not terminate. Provided that insurance proceeds are received by Landlord to fully repair the damage, Landlord shall proceed to rebuild and repair the Premises in the manner determined by Landlord, except that Landlord shall not be required to rebuild, repair or replace any part of the Alterations which may have been placed on or about the Premises by Tenant. If the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which they are untenantable shall be abated proportionately, but only to the extent of rental abatement insurance proceeds received by Landlord during the time and to the extent the Premises are unfit for occupancy.

Appears in 1 contract

Samples: Sublease Agreement (Mp3 Com Inc)

WITHIN 90 DAYS. If the Premises or Building should be damaged by Casualty to such extent that material restoration can in Landlord's landlord’s estimation be reasonably completed within ninety (90) days after the date of such notice damage and receipt of required permits for such restoration, this Lease lease shall not terminate. Provided To the extent that insurance proceeds are received by Landlord (or would have otherwise been received by Landlord but for its failure to fully carry insurance required under this Lease) to repair the damage, Landlord shall proceed to rebuild and repair the Premises in the manner determined by LandlordPremises, except that Landlord shall not be required to rebuild, repair or replace any part of the Alterations which may have been placed on or about the Premises by Tenant. If the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which they are untenantable shall be abated proportionately, but only to the extent of or rental abatement insurance proceeds received by Landlord (or would have otherwise been received by Landlord but for its failure to carry insurance required under this lease) during the time and to the extent the Premises are unfit for occupancy.

Appears in 1 contract

Samples: Assignment of Lease (Kosan Biosciences Inc)

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WITHIN 90 DAYS. If the Premises or Building should be damaged by Casualty to such extent that material restoration can in Landlord's estimation be reasonably completed within ninety (90) days after the date of such notice damage and receipt of required permits for such restoration, this Lease shall not terminate. Provided that insurance proceeds are received by Landlord to fully repair the damage, Landlord shall proceed to rebuild and repair the Premises premises in the manner determined by Landlord, except that Landlord shall not be required to rebuild, repair or replace any part of the Alterations which may have been placed on or about the Premises by Tenant. If the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which they are untenantable shall be abated proportionately, but only to the extent of rental abatement insurance proceeds received by Landlord during the time and to the extent the Premises are unfit for occupancy.

Appears in 1 contract

Samples: Lease Agreement (Integrated Packaging Assembly Corp)

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