Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 26 contracts
Sources: Net Lease (Dave Inc./De), Standard Multi Tenant Office Lease Gross (Ventyx Biosciences, Inc.), Standard Industrial/Commercial Single Tenant Lease Net (Glass House Brands Inc.)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 15 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease (Exagen Inc.), Lease Agreement (Liquidmetal Technologies Inc), Standard Industrial/Commercial Single Tenant Lease Gross
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, by (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s ▇▇▇▇▇▇'s receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s ▇▇▇▇▇▇'s option shall be extinguished.
Appears in 4 contracts
Sources: Standard Multi Tenant Office Lease (America Great Health), Standard Multi Tenant Office Lease (America Great Health), Standard Multi Tenant Office Lease (America Great Health)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s Lessors commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 4 contracts
Sources: Standard Industrial Commercial Single Tenant Lease Net (Immune Response Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Laser Pacific Media Corp), Standard Industrial/Commercial Single Tenant Lease (Laser Pacific Media Corporation)
Damage Near End of Term. If at any time anytime during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 4 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease, Asset Purchase Agreement (Item 9 Labs Corp.), Industrial/Commercial Lease
Damage Near End of Term. If at any time during the last 6 twelve (12) months of this Lease there is damage for which the cost to repair exceeds one six (6) month’s Base Rent, whether or not an Insured Loss, Lessor Landlord may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee Tenant within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee Tenant at that time has an exercisable option to extend this Lease or to purchase the PremisesLease, then Lessee Tenant may preserve this Lease by, (a) exercising such option and (b) providing Lessor Landlord with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten (10) days after LesseeTenant’s receipt of LessorLandlord’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee Tenant duly exercises such option during such period and provides Lessor Landlord with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor Landlord shall, at LessorLandlord’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and LesseeTenant’s option shall be extinguished.
Appears in 3 contracts
Sources: Lease (Globeimmune Inc), Lease (Globeimmune Inc), Lease (Replidyne Inc)
Damage Near End of Term. If at any time during the last 6 months of this Lease ease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s ▇▇▇▇▇▇'s receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s ▇▇▇▇▇▇'s option shall be extinguished.
Appears in 3 contracts
Sources: Standard Multi Tenant Office Lease (America Great Health), Standard Multi Tenant Office Lease (America Great Health), Standard Multi Tenant Office Lease (America Great Health)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten (10) days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 3 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease (SMART Modular Technologies (WWH), Inc.), Standard Industrial/Commercial Single Tenant Lease Net (Global Health Trax Inc), Standard Industrial/Commercial Single Tenant Lease Net (Veterinary Centers of America Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance insurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, . Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 3 contracts
Sources: Lease Agreement (Cumetrix Data Systems Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Cumetrix Data Systems Corp), Lease Agreement (Cumetrix Data Systems Corp)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on as of the date specified set forth in the termination notice and Lessee’s option shall be extinguishedfirst sentence of this Paragraph 9.5.
Appears in 2 contracts
Sources: Standard Multi Tenant Office Lease (Eye Dynamics Inc), Standard Multi Tenant Office Lease (Eye Dynamics Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date ▇▇▇▇ specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Sugarmade, Inc.), Standard Industrial/Commercial Single Tenant Lease (Diversified Opportunities, Inc.)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, by (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s L▇▇▇▇▇'s receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effecteffect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified specified in the termination notice and Lessee’s L▇▇▇▇▇'s option shall be extinguished.
Appears in 2 contracts
Sources: Lease Agreement (Ceribell, Inc.), Lease Agreement (Ceribell, Inc.)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 business days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Fox Factory Holding Corp), Lease Agreement (Fox Factory Holding Corp)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (BridgeBio Pharma, Inc.), Standard Multi Tenant Office Lease (Genoptix Inc)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after aGer the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, by (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after aGer Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effecteffect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 2 contracts
Sources: Lease Agreement, Standard Industrial/Commercial Multi Tenant Lease Net
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessee or Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.), Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after aGer the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, by (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after aGer Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effecteffect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured insured Loss, Lessor may may, at Lessor's option, terminate this Lease effective 60 (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, 's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the termination notice and Lessee’s grant of option shall be extinguishedto the contrary.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (CCC Globalcom Corp), Standard Industrial/Commercial Single Tenant Lease (Incomnet Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten (10) days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease Net (SMART Global Holdings, Inc.), Sublease (Digirad Corp)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is a damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured insured Loss, Lessor may may, at Lessor's option, terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or for adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, 's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of' Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the termination notice and Lessee’s grant of option shall be extinguishedto the contrary.
Appears in 2 contracts
Sources: Single Tenant Lease (Microage Inc /De/), Single Tenant Lease (Microage Inc /De/)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, : (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If It Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp), Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (iI) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (iiII) the day prior to the date upon which such option options expires. If Lessee duly exercises such option during such period and end provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease (Ironclad Performance Wear Corp), Lease Agreement (Ironclad Performance Wear Corp)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. effect If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 2 contracts
Sources: Standard Multi Tenant Office Lease (Newave Inc), Standard Multi Tenant Office Lease (Newave Inc)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base Rent, whether or not an Insured Loss, Lessor or Lessee may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee the other within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 2 contracts
Sources: Lease (SeaSpine Holdings Corp), Lease Agreement (SeaSpine Holdings Corp)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee▇▇▇▇▇▇’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee▇▇▇▇▇▇’s option shall be extinguished.
Appears in 2 contracts
Sources: Lease Agreement (VenHub Global, Inc.), Standard Multi Tenant Office Lease Gross (Signing Day Sports, Inc.)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor Landlord may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee Tenant within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee Tenant at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee Tenant may preserve this Lease by, (a) exercising such option and (b) providing Lessor Landlord with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s Tenant's receipt of Lessor’s Landlord's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee Tenant duly exercises such option during such period and provides Lessor Landlord with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor Landlord shall, at Lessor’s Landlord's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s Tenant's option shall be extinguished.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Lease Net (Fortunet, Inc.), Standard Industrial/Commercial Multi Tenant Lease Net (Fortunet, Inc.)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such the period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 2 contracts
Sources: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s ▇▇▇▇▇▇'s receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s ▇▇▇▇▇▇'s option shall be extinguished.
Appears in 2 contracts
Sources: Industrial/Commercial Multi Tenant Lease (Liquidmetal Technologies Inc), Office Lease
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one the (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any an shortage in insurance Insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Dippy Foods Inc), Standard Industrial/Commercial Single Tenant Lease (Dippy Foods Inc)
Damage Near End of Term. If It at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Net (SMTC Corp), Lease Agreement (SMTC Corp)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base Rent, whether or not an Insured Loss, . Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on our or before the earlier of (i) the ▇▇▇▇▇▇ date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date ▇▇▇▇ upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date ▇▇▇▇ specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Net (AutoGenomics, Inc.), Standard Industrial/Commercial Single Tenant Lease Net (AutoGenomics, Inc.)
Damage Near End of Term. If lf at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Nutech Digital Inc), Standard Industrial/Commercial Single Tenant Lease (Immune Response Corp)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base I Rent, whether or not an Insured Loss, Lessor or Lessee may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written | termination notice to the other party Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, by (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 2 contracts
Sources: Lease Agreement (Social Capital Suvretta Holdings Corp. I), Standard Industrial/Commercial Multi Tenant Lease Gross (Social Capital Suvretta Holdings Corp. I)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that the time has an exercisable option to extend this Lease lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, Lease or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 2 contracts
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Burke Flooring Products Inc)
Damage Near End of Term. If at any time during the last 6 B months of this Lease there is Is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, . if Lessee at that time has an exercisable option to extend this Lease or to purchase the PremisesPromises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance Insurance proceeds (or Or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (iiII) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s Lessors commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effectaffect. If Lessee Losses fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in In the termination notice and Lessee’s Lesses's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Motorcar Parts America Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one month’s two (2) months Base Rent, whether or not an Insured insured Loss, Lessor either party may terminate this the Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee the other party within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at a that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (iI) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (iiII) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and an Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Lease Agreement (Lifepoint Inc)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence Occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s Lessors commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effect. , If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Multi Tenant Office Lease Gross (Reconstruction Data Group Inc)
Damage Near End of Term. If at any time during the last 6 twelve (12) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor either party may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee the other party within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceedsperiod, Lessor shall, at Lessor’s commercially reasonable 's expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Petco Animal Supplies Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (iI) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s Lessors written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance Insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Variflex Inc)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s ▇▇▇▇▇▇'s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s ▇▇▇▇▇▇'s option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.. (See Addendum Paragraph 68)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Capstone Turbine Corp)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after alter the date data of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s receipt of Lessor’s Lessors written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Eschelon Telecom Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (iof(i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Lease Agreement (Magnetek Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one One (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may may, at Lessor's option, terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, . Lessor shall, at Lessor’s commercially reasonable expense, 's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor my at lessor's option terminate this Lease shall terminate on as of the date specified expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period. Notwithstanding any term or provision in the termination notice and Lessee’s grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Sources: Lease Agreement (American Materials & Technologies Corp)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one two month’s 's Base Rent, whether or not an Insured Loss, Lessor either party may terminate this Lease effective 60 sixty (60) days following the date of or occurrence of such damage by giving a written termination notice to Lessee the other party of its election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, by (a) exercising such option option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten (10) days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, 's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on as of the date specified set forth in the termination notice and Lessee’s option shall be extinguishedfirst sentence of this Paragraph 9.5.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Nuvasive Inc)
Damage Near End of Term. If at any time during the last 6 months year of this Lease there is damage for which the cost to repair exceeds one month’s three (3) months’ Base Rent, whether or not an Insured Loss, Lessor or Lessee may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the PremisesLease, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Sources: Lease (Zulily, Inc.)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one two (2) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Exodus Communications Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair of repairs exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, shall at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance assurances during such period, then this Lease shall terminate on the date specified in the termination notice and the Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Lease Agreement (Homegrocer Com Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one three (3) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.. DAMAGE OR DESTRUCTION - continued
Appears in 1 contract
Sources: Building Lease (Sew Cal Logo Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that the time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. , If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial Commercial Single Tenant Lease (Accuride Corp)
Damage Near End of Term. If at any time lime during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date data of occurrence of such damage. Notwithstanding the foregoing, if If Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then the Lessee may preserve this Lease by, ; (a) exercising such option and (b) providing Lessor with any shortage in insurance Insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s receipt of Lessor’s written write notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, shall at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Osmetech PLC)
Damage Near End of Term. If at any time tune during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one 1 month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 90 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Sources: Lease Agreement (RxSight, Inc.)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may may, at Lessor's option, terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise whichever is earlier ("Exercise Period"), (i) exercising such option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or w adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, 's expense repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the termination notice and Lessee’s grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Saba Petroleum Co)
Damage Near End of Term. If at any time during the last lest 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if . If Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effect. If Lessee fails fells to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Lease Agreement (Trimedyne Inc)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, by (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such INITIALS INITIALS option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease Gross (Vincera Pharma, Inc.)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may may, at Lessor's option, terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, . Lessor shall, at Lessor’s commercially reasonable expense, 's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the termination notice and Lessee’s grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Sources: Lease Agreement (Omnicell Com /Ca/)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of or such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, by (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Sources: Lease Agreement (Growlife, Inc.)
Damage Near End of Term. If at any time lime during the last 6 months of this Lease there is Is damage for which the cost to repair exceeds one month’s 's Base Rent, . whether or not an Insured en insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee Losses within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if If Lessee at that time has an exercisable execrable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance In Insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i1) the date which is Is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s Lassoes commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial Commercial Multi Tenant Lease Net (American Consolidated Management Group Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may may, at Lessor's option, terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee Lease may preserve this Lease byby within twenty (20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (aI) exercising such option and (bII) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, 's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. effect If Lessee fails to exercise such the option and provide such funds or assurance during such period, then than this Lease shall terminate on as of the date specified set forth in the termination notice and Lessee’s option shall be extinguishedfirst sentence of this Paragraph 9.5.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may may, at Lessor's option, terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee Lessor may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable 's expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.shall
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after aGer the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after aGer Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effecteffect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence occurence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Lease Agreement (Sync Research Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 ninety (90) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten (10) days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Digital Theater Systems Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Bebe Stores Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month’s Base Rent, whether or not an Insured Loss, Lessor may may, at Lessor’s option, terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor’s election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the PremisesLease, then Lessee may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier (“Exercise Period”), (i) exercising such option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor’s option terminate this Lease shall terminate on as of the date specified expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor’s election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the termination notice and Lessee’s grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s Base Rent, whether or not an Insured insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date rate upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) , to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Prolong International Corp)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s month‘s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after LesseeLesser’s receipt of LessorLessee’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Sources: Standard Multi Tenant Office Lease Gross (Ventyx Biosciences, Inc.)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then the Lessee may preserve this Lease lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (iI) the date which is 10 thirty (30) days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any a shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Netguru Inc)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after aGer the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, by (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effecteffect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease Net (International Stem Cell CORP)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may may, at Lessor option, terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, 's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within then (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the termination notice and Lessee’s grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Farah Inc)
Damage Near End of Term. If N at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii11) the day prior to the date upon which such option expires. If , if Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon own as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Singing Machine Co Inc)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month’s month s Base Rent, whether or not an Insured Loss, Lessor may at Lessor s option, terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor s election to do so within 30 shiny (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, by (a) exercising such option option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten (10) days after Lessee’s Lessee s receipt of Lessor’s Lessor s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, . Lessor shall, . at Lessor’s commercially reasonable expense, 's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on as of the date specified set forth in the termination notice and Lessee’s option shall be extinguished.first sentence of this paragraph 9.5
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date ▇▇▇▇ of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if it Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option opt ion and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s Lessees option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Laser Pacific Media Corporation)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may may, at Lessor's option, terminate this Lease effective 60 days following as of the date of the occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("EXERCISE PERIOD"), (i) exercising such option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, 's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified of the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the termination notice and Lessee’s grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Marketing Specialists Corp)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten (10) days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial Commercial Single Tenant Lease (En Pointe Technologies Inc)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (North Valley Bancorp)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s months Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s Lessees receipt of Lessor’s Lessors written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s Lessors commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s Lessees option shall be extinguished.
Appears in 1 contract
Sources: Standard Multi Tenant Office Lease (Icon Vapor, Inc.)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall will continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.and
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Converse Inc)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base RentRent and is estimated by Lessor (in its sole but reasonable discretion) will take more than 90 days to complete the necessary repairs , whether or not an Insured Loss, Lessor either Party may terminate this Lease effective 60 120 days following the date of occurrence of such damage by giving a written termination notice to Lessee the other Party within 30 days after the date of occurrence of such damage; provided, however, if Lessee’s use of the Premises during such 120 day period presents a risk of property damage and/or personal injury as a result of the damage in issue, then Lessor may specify such shorter time period as Lessor reasonably deems advisable under the circumstances, whereupon the Lease will terminate at the expiration of such shorter time period. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Nexsan Corp)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month’s Base RentPartial Damage, whether or not an Insured Loss, Lessor may may, at Lessor's option, terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, within twenty (a20) days following the date of occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly duty exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable 's expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds fund or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the termination notice and Lessee’s grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Sources: Lease Agreement (Intest Corp)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, by (a) exercising such option option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on as of the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Us Search Corp Com)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover ▇▇▇▇▇ any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is Is damage for which the cost to repair exceeds one (1) month’s Base Rent, whether or not an Insured Loss, Lessor may may, at Lessor’s option, terminate this Lease effective 60 sixty (80) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor’s election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, if Lessee however, H Losses at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided In such option for its exercise, whichever Is earlier (“Exercise Period”), (I) exercising such option and (bII) providing Lessor with any shortage in insurance In Insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance In Insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, expense repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor’s option terminate this Lease shall terminate on as of the date specified in expiration of said sixty (60) day period following the termination occurrence of such damage by giving written notice and Lesseeto Lessee of Lessor’s election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision In the grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Sources: Standard Industrial/Commercial Tenant Lease (Invivo Corp)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured insured Loss, Lessor may may, at Lessor's option, terminate this Lease effective 60 days following the date of occurrence of such damage See Rider Paragraph 23 by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, by (a) exercising such option option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (iI) the date which is 10 ten (10) days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises exercise such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, 's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on as of the date specified set forth in the termination notice and Lessee’s option shall be extinguishedfirst sentence of this Paragraph 9.5.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which which, is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Entech Environmental Technologies Inc)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s Lessors commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceedsthe extent otherwise required by this Section 9, Lessor shall, at Lessor’s and/or Lessee’s, as applicable, commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Saflink Corp)
Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 ten days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.. (See Addendum Paragraph 68)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Capstone Turbine Corp)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days day after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereofof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Navarre Corp /Mn/)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 80 days following the date of occurrence of such damage by giving a written termination notice to Lessee within with 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly duty exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) thereon to cover any shortage in insurance proceeds, . Lessor shall, at Lessor’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Virco MFG Corporation)
Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one (1) month’s 's Base Rent, whether or not an Insured insured Loss. Lessor may, Lessor may at Lessor's option, terminate this Lease effective 60 sixty (60) days following the date of occurrence of such damage by giving a written termination notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (i) exercising such option and (bii) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s receipt of Lessor’s written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s commercially reasonable expense, 's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the termination notice and Lessee’s grant of option shall be extinguishedto the contrary.
Appears in 1 contract
Sources: Single Tenant Lease (Informix Corp)
Damage Near End of Term. If at any time during the last 6 months of this Lease ease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Multi Tenant Office Lease (America Great Health)
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost met to repair exceeds one month’s 's Base Rent, whether or not an Insured insured Loss, Lessor may terminate this MIS Lease effective 60 days following the date dale of occurrence of such damage by giving a written termination notice to lamination ▇▇▇ice m Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this MIS Lease or to purchase the me Premises, then Lessee may preserve this Lease by, (a) exercising such option Option and (b) providing Lessor with any shortage in insurance Insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier me Canter of (i) the me date which is Is 10 days after Lessee’s 's receipt of Lessor’s or ▇▇▇▇▇▇'s written notice purporting to terminate this MIS Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover Cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month’s 's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, by (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee’s 's receipt of Lessor’s 's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor’s 's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effecteffect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee’s 's option shall be extinguished.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease Gross