Common use of Damage Near End of Term Clause in Contracts

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 22 contracts

Sources: Standard Office Lease (Flycast Communications Corp), Standard Office Lease (Superior National Insurance Group Inc), Standard Office Lease (NMXS Com Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 19 contracts

Sources: Lease Agreement (Kinetics Group Inc), Standard Industrial Lease (Image Entertainment Inc), Standard Industrial Lease (Vantagemed Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 11 contracts

Sources: Standard Industrial Lease (Biosite Diagnostics Inc), Standard Industrial Lease (Qad Inc), Standard Industrial Lease (Ameriquest Technologies Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) months year of the term of this Lease Lease, there is substantial damage to (whether or not an Insured Loss) which falls within the Premisesclassification of Premises Partial Damage, Lessor Landlord may at LessorLandlord's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Tenant of Lessorlandlord's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(aParagraph 11.5(a), in the event that Lessee Tenant has an option to extend extent or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an any Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) months year of the term of this Lease. If Lessee Tenant duly exercises such option during said twenty (20) day period, Lessor Landlord shall, at LessorLandlord's expense, expense repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty (20) day periodperiod then Landlord may, then Lessor may at LessorLandlord's option option, terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee Tenant of LessorLandlord's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 4 contracts

Sources: Commercial Lease (Imarx Therapeutics Inc), Commercial Lease (Imarx Therapeutics Inc), Commercial Lease (Imarx Therapeutics Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b)If the Premises are damaged or destroyed, if at any time either partially or totally, during the last twelve (12) six months of the term of this Lease there is substantial damage to the PremisesLease, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a)9.3(a) to the contrary, in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after damage or destruction to the occurrence of an Insured Loss falling within the classification of Premises Damage Premises, either total or partial occurring during the last twelve (12) six months of the term of this Lease, which damage or destruction is covered by insurance required to be maintained under paragraph 8. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor Lessee shall, in accordance with paragraph 9.2, at LessorLessee's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease Lese shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 4 contracts

Sources: Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp), Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp), Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor . Landlord may at Lessor's Landlord’s option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Tenant of Lessor's Landlord’s election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee Tenant has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee Tenant duly exercises such option during said twenty (20) day period, Lessor Landlord shall, at Lessor's Landlord’s expense, repair such damage, but not Lessee's Tenant’s fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty (20) day period, then Lessor Landlord may at Lessor's Landlord’s option terminate and cancel this Lease as of the expiration of said twenty (20) day period, at Landlord’s expense, repair such damage, but not Tenant’s fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Tenant fails to exercise such option during said twenty (20) day period, then Landlord may at Landlord’s option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee Tenant of Lessor's Landlord’s election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 3 contracts

Sources: Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor or Lessee may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee the other of Lessorsuch party's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Standard Industrial Lease (Progenitor Inc), Standard Industrial Lease (Progenitor Inc)

Damage Near End of Term. (a) Subject to the provisions of paragraph 9.4(b), if at any time during the last twelve six (126) months of the term of this Lease there is substantial damage to damage, whether or not it is an Insured Loss, which falls into the Premisesclassifications of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve six (126) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, expense repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible practicable and this Lease shall continue in full force and effect, without abatement, offset or reduction of rent. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may may, at Lessor's option option, terminate and cancel this Lease as of the expiration date of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten thirty (1030) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Commercial Lease (Quadrax Corp), Commercial Lease (Quadrax Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Full Service Lease (Document Capture Technologies, Inc.), Full Service Lease (Document Capture Technologies, Inc.)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve six (126) months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls Within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(aParagraph 9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve six (126) months of the term of this Lease. If , if Lessee duly exercises such option during said twenty (20) -day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. effect If Lessee fails to exercise such option during said twenty (20) -day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) -day period by giving written notice to Lessee of Lessor's election to do so within Within ten (10) days after the expiration of said twenty (20) -day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Industrial Lease (Viper Networks Inc), Industrial Lease (Viper Networks Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.59(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Standard Industrial Lease (Park Electrochemical Corp), Standard Industrial Lease (Park Electrochemical Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days 10)days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development Corp)

Damage Near End of Term. (a) 8.4.1. Subject to paragraph 9.4(b)8.4.2, if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor Landlord or Tenant may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so the other within 30 thirty (30) days after the date of occurrence of such damage. (b) 8.4.2. Notwithstanding paragraph 9.4(a)8.4.1, in the event that Lessee Tenant has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee Tenant duly exercises such option during said twenty (20) day period, Lessor Landlord shall, at LessorLandlord's expense, repair such damage, but not LesseeTenant's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty (20) day period, then Lessor Landlord may at LessorLandlord's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee Tenant of LessorLandlord's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Office Building Lease (Maxim Pharmaceuticals Inc), Office Lease Agreement (Maxim Pharmaceuticals Inc)

Damage Near End of Term. (ai) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Partial Premises Damage, Lessor Landlord may at Lessor's Landlord’s option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Tenant of Lessor's Landlord’s election to do so within 30 thirty (30) days after the date of occurrence of such damage. (bii) Notwithstanding paragraph 9.4(a)subsection (i) above, in the event that Lessee Tenant has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Partial Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee Tenant duly exercises such option during said twenty (20) day period, Lessor shall, Landlord shall at Lessor's Landlord’s expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty (20) day period, then Lessor Landlord may at Lessor's Landlord’s option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee Tenant of Lessor's Landlord’s election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Lease Agreement, Retail Lease

Damage Near End of Term. (a) Subject to paragraph Paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph Paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Standard Office Lease (Preview Systems Inc), Standard Office Lease (Nettaxi Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, improvements as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Standard Office Lease (Scheid Vineyards Inc), Standard Office Lease (Scheid Vineyards Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Assignment of Lease (Redenvelope Inc), Assignment of Lease (Redenvelope Inc)

Damage Near End of Term. (a) Subject In addition to paragraph 9.4(b)the other termination rights granted to the parties under this Article 13, in the event of any casualty for which Landlord is otherwise required to undertake Restoration, if at any time during the last Construction Manager's Determination indicates that, after Restoration is completed, fewer than twelve (12) months of shall remain in the term of this Lease there is substantial damage Term ("Insufficient Term"), then each party shall have the right to the Premises, Lessor may at Lessor's option cancel and terminate this Lease by providing written notice of such termination to the other party within thirty (30) days after receipt of the Construction Manager's Determination. Notwithstanding the preceding sentence, if the Casualty occurs more than twelve (12) months prior to the end of the Term and Landlord terminates this Lease based solely on an Insufficient Term, and, as of the date of occurrence the Casualty an unexpired Extension Option exists under this Lease, then Tenant shall have the right, in its sole discretion, and notwithstanding any contrary provision in Section 2.2 regarding the time period for exercise of an Extension Option, to cause rescission of such damage termination by giving written notice to Lessee Landlord of LessorTenant's election to do so exercise of the applicable Extension Option within 30 days after the date of occurrence of such damage. thirty (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (2030) days after receipt of Landlord's termination notice. If Tenant so exercises an Extension Option, Landlord shall Restore the occurrence of an Insured Loss falling within damage, subject to the classification of Premises Damage during the last twelve (12) months of the term other provisions of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contraryArticle 13.

Appears in 2 contracts

Sources: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.), Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage Partial Damage, during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Lease Agreement (Bikers Dream Inc), Standard Industrial Lease (Mobility Electronics Inc)

Damage Near End of Term. (a) Subject to paragraph the provisions of paragraphs 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls into the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, period then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Standard Industrial Lease (Coyote Sports Inc), Standard Industrial Lease (Coyote Sports Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or of provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Standard Industrial Lease (Image Entertainment Inc), Standard Industrial Lease (Motor Cargo Industries Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(aParagraph 9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Standard Industrial Lease (Primex Technologies Inc), Standard Industrial Lease (Direct Focus Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if . If at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 2 contracts

Sources: Standard Office Lease (Orthologic Corp), Standard Office Lease (Orthologic Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease Lease, there is substantial damage to damage, whether or not an insured loss; which falls within the Premisesclassification of premises partial damage, Lessor may at Lessor's option cancel and terminate this Lease lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), 9.4 in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, . Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured insured Loss falling within failing without the classification of Premises Damage premises partial damage during the last twelve six (126) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, shall at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, ; as soon as reasonably possible and this Lease lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election selection to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Industrial Lease Agreement (Celebrateexpress Com Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at LessorLessor or Lessee's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee the other of Lessorsuch party's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a(.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be maybe exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term terms of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, period notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (National Media Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, Lease and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If the Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (Imagemax Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it ii is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option -option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Northern Empire Bancshares)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's ’s option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's ’s election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss insured loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's ’s expense, repair such damage, but not Lessee's ’s fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's ’s option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's ’s election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Sublease Agreement (Inamed Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor or Lessee, may at Lessoreither's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee or Lessor of Lessoreither's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Chemdex Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's ’s option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's ’s election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's ’s expense, repair such damage, but not Lessee's ’s fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's ’s option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's ’s election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Notify Technology Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(aParagraph 9.5(a), in the event that Lessee has an option to extend or renew this Lease, Lease and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) -day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) -day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) -day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Lease (United Auto Group Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time anytime during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (Iprint Com Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which fails within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (Microtel International Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which which, said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, period notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Paperclip Imaging Software Inc/De)

Damage Near End of Term. (a) Subject to paragraph 9.4(b)If the Premises are damaged or destroyed, if at any time either partially or totally, during the last twelve (12) six months of the term of this Lease there is substantial damage to the PremisesLease, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a)9.3(a) to the contrary, in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after damage or destruction to the occurrence of an Insured Loss falling within the classification of Premises Damage Premises, either total or partial occurring during the last twelve (12) six months of the term of this Lease, which damage or destruction is covered by insurance required to be maintained under paragraph 8. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor period Lessee shall, in accordance with paragraph 9.2, at LessorLessee's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Lease Agreement (Xoma Corp /De/)

Damage Near End of Term. (a) Subject In addition to paragraph 9.4(bany other right of termination which either party may have under this Section 23, but subject to Subparagraph 23.5(b), if at any time during the last twenty-four (24) months of the Term there is damage, whether or not an Insured Loss, which affects any floor of the Premises such that fifty percent (50%) or more of such floor cannot be occupied for business purposes, and repair or restoration of such damage would take, in Landlord's reasonable judgment, more than the shorter of twelve (12) months or one-half of the term time left in the Term from the date of the occurrence of the damage, Landlord or Tenant may at its option terminate this Lease there is substantial as to such floor or floors as of the date of occurrence of such damage by giving notice to the Premisesother party of its election to do so within thirty (30) days after the date of occurrence of such damage; provided further, Lessor may if such damage makes thirty-five percent (35%) or more of the Premises unusable and untenantable and repairs or restoration of such damage would take, in Landlord's reasonable judgment, more than the shorter of six (6) months or one-half of the time left in the Term from the date of the occurrence of the damage, Landlord or Tenant may, at Lessor's option cancel and its option, terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee the other party of Lessor's its election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(aSubparagraph 23.5(a), in the event that Lessee if Tenant has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall Tenant may exercise such option, if it is to be exercised at all, no later than twenty thirty (2030) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months receipt of the term of this Leasenotice pursuant to Subparagraph 23.5(a). If Lessee Tenant duly exercises such option during said twenty (20) such 30-day period, Lessor Landlord shall, if otherwise required under this Section 23, at LessorLandlord's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage affecting the portion of the Premises damaged as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty (20) such 30-day period, then Lessor may at Lessor's such option terminate shall automatically expire and cancel this Lease as of shall terminate on the expiration of said twenty (20) such 30-day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision provisions in the grant of option to the contrary. The percentages with respect to the Premises as stated in this Section 23 are intended to exclude any expansion space or other space which Tenant may have the right to lease but which are not part of the Premises at the time of the damage or destruction.

Appears in 1 contract

Sources: Office Building Lease (Amwest Insurance Group Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, . Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee ▇▇▇▇▇▇ of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling failing within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's Lessoes expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's Lessoes option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Sublet Agreement (California Software Corp)

Damage Near End of Term. (a) Subject to paragraph Paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor or Lessee may at Lessor's its option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee the other party of Lessor's its election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph Paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) business days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) business day period, Lessor shall, at Lessor's expense, repair such damageany damage to the Base Building, but not Lessee's fixtures, equipment or other than tenant improvements, fixtures and Utility Installations constructed by Lessee, as soon as reasonably possible at Lessor's expense, in which event Lessee shall, at Lessee's expense, repair all other damage to the Premises and to Lessee's fixtures, equipment, tenant improvements or Utility Installations as soon as reasonably possible, and in such event this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.such

Appears in 1 contract

Sources: Lease (Vans Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option potion may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day 20day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Industrial Sub Lease (Oralabs Holding Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election election. to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time lime within which said option may be exercised has not yet expired, Lessee shall shaft exercise such option, if it is to be exercised at allal ail, no later than twenty (20) days after the occurrence of an Insured Loss loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If II Lessee duly exercises such option during said twenty (20) day period, Lessor shallshelf, at al Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or OR tenant improvements, improvements as soon as reasonably possible and this Lease AS REASONABLY POSSIBLE AND THIS LEASE shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Consumer Net Marketplace Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the an occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Intellisys Group Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damagedamage in excess of $20,000. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (Transgenomic Inc)

Damage Near End of Term. (a) 9.4.1 Subject to paragraph 9.4(b)9.4.2, if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) 9.4.2 Notwithstanding paragraph 9.4(a)9.4.1, in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may may, at Lessor's option option, terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Yupi Internet Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence recurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Lease Addendum (Notify Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend extent or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Combichem Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term Term of this Lease lease there is substantial damage to damage, whether or not an Insured loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's and Lessee each has the option to cancel and terminate this Lease lease as of the date of occurrence of such damage by giving written notice to Lessee the other of Lessor's its election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a10.5(a), in the event that Lessee has an option to extend or renew this Leaselease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) that 25 days after the occurrence of an Insured Loss loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term Term of this Leaselease. If Lessee duly exercises such option during said twenty (20) 25 day period, Lessor shall, at Lessor's ’s expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 25 day period, then Lessor may at Lessor's ’s option terminate and cancel this Lease lease as of the expiration of said twenty (20) 25 day period by giving written notice to Lessee of Lessor's ’s election to do so within ten (10) 5 days after the expiration of said twenty (20) 25 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Industrial Lease (Strategic Diagnostics Inc/De/)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Partial Premises Damage, Lessor Landlord may at LessorLandlord's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Tenant of LessorLandlord's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(aSection 13.5(a), in the event that Lessee Tenant has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Partial Premises Damage during the last twelve (12) six months of the term of this Lease. If Lessee Tenant duly exercises such option during said twenty (20) day period, Lessor shall, Landlord shall at LessorLandlord's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty (20) day period, then Lessor Landlord may at LessorLandlord's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee Tenant of LessorLandlord's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Lease Agreement

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lease if Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (Supershuttle International Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee lessee shall exercise such option, if . If it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (Earth & Ocean Sports Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an any Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (Eltrax Systems Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b)If, if at any time during the last twelve six (126) months of the term of this Lease hereof, there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Property Partial Damage, Lessor may Landlord may, at LessorLandlord's option option, cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Tenant of LessorLandlord's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(aSubsection 8.5(a), in the event that Lessee Tenant has an option to extend or renew this Lease, Lease and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Property Partial Damage during the last twelve six (126) months of the term of this Leasehereof. If Lessee Tenant duly exercises such option during said twenty (20) day period, Lessor Landlord shall, at LessorLandlord's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible to the extent required under Section 8.2 above, and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty (20) day days period, then Lessor may Landlord may, at LessorLandlord's option option, terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee Tenant of LessorLandlord's election to do so within ten (10) days after the expiration of said twenty (20) day days period, notwithstanding any term or provision to the contrary in the grant of option to the contraryextend or renew.

Appears in 1 contract

Sources: Commercial Lease (Axion Power International, Inc.)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in In the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Simulations Plus Inc)

Damage Near End of Term. (aA) Subject to paragraph 9.4(b), if If at any time anytime during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (bB) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (Genetronics Biomedical LTD)

Damage Near End of Term. (a) Subject to paragraph 9.4(b)If, if at any time during the last twelve six (126) months of the term of this Lease Lease, there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may may, at Lessor's option option, cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Lessee-of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(aParagraph 9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve six (126) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20this twenty-(20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20the twenty-(20) day period, then Lessor may may, at Lessor's option option, terminate and cancel this Lease as of the expiration of said twenty (20twenty-(20) day period period, by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20twenty-(20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Industrial Lease (Golden West Brewing Company, Inc.)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor Landlord may at LessorLandlord's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Tenant of LessorLandlord's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a13.5(a), in the event that Lessee Tenant has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee Tenant duly exercises such option during said twenty (20) day period, Lessor shall, Landlord shall at LessorLandlord's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty (20) day period, then Lessor Landlord may at LessorLandlord's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee Tenant of LessorLandlord's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Lease Agreement

Damage Near End of Term. (a) Subject to paragraph 9.4(b18.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor Landlord may at LessorLandlord's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Tenant of LessorLandlord's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a18.4(a), in the event that Lessee Tenant has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee Tenant duly exercises such option during said twenty (20) day period, Lessor Landlord shall, at LessorLandlord's expense, repair such damage, but not LesseeTenant's fixtures, equipment equipment, or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty (20) day period, then Lessor Landlord may at LessorLandlord's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee Tenant of LessorLandlord's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Office Space Lease (Cayenta Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Lease Agreement (Mirage Holdings Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this the Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 sixty (60) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. , If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expenseexpense (including any applicable insurance payments), repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of following the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day periodso, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease

Damage Near End of Term. (a) Subject to paragraph 9.4(b)If, if at any time during the last twelve six (126) months of the term of this Lease hereof, there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Property Partial Damage, Lessor may Landlord may, at Lessor's option Landlord’s option, cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Tenant of Lessor's Landlord’s election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(aSubsection 8.5(a), in the event that Lessee Tenant has an option to extend or renew this Lease, Lease and the time within which which, said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Property Partial Damage during the last twelve six (126) months of the term of this Leasehereof. If Lessee Tenant duly exercises such option during said twenty (20) day period, Lessor Landlord shall, at Lessor's Landlord’s expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible to the extent required under Section 8.2 above, and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty (20) day days period, then Lessor may Landlord may, at Lessor's option Landlord’s option, terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee Tenant of Lessor's Landlord’s election to do so within ten (10) days after the expiration of said twenty (20) day days period, notwithstanding any term or provision to the contrary in the grant of option to the contraryextend or renew.

Appears in 1 contract

Sources: Commercial Lease (Drugmax Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Lease Agreement (Valley National Corp /De/)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) -day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) -day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) -day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (Lithia Motors Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if A. If at any time during the last twelve (12) months of the term Term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of the occurrence of such damage.. Page 8 Initials: /s/ CH /s/ MRS ------ ------- Lessor Lessee 9 (b) B. Notwithstanding paragraph 9.4(a)18.3, in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant Lessee improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Office Lease (Advancepcs)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor Landlord may at LessorLandlord's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Tenant of LessorLandlord's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee Tenant has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee Tenant duly exercises such option during said twenty (20) day period, Lessor Landlord shall, at LessorLandlord's expense, repair such damage, but not LesseeTenant's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effecteffect provided Tenant first deposits with Landlord any shortfall in necessary funds. If Lessee Tenant fails to exercise such option during said twenty (20) day period, then Lessor Landlord may at LessorLandlord's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee Tenant of LessorLandlord's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Annual Report

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessorlessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss insured loss falling within the classification of Premises Damage during the last twelve (1212 months) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Optimumcare Corp /De/)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor or Lessee may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessorthe other party of the first party's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20920) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessorlessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Sublease (Biosite Diagnostics Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b)If, if at any time during the last twelve six (126) months of the term of this Lease Lease, there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may may, at Lessor's option option, cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(aParagraph 9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve six (126) months of the term of this Lease. If Lessee duly exercises such option during said twenty this twenty- (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty the twenty- (20) day period, then Lessor may may, at Lessor's option option, terminate and cancel this Lease as of the expiration of said twenty twenty- (20) day period period, by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty twenty- (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Industrial Lease (Golden West Brewing Company, Inc.)

Damage Near End of Term. (a) 9.4.1 Subject to paragraph 9.4(b)9.4.2, if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) 9.4.2 Notwithstanding paragraph 9.4(a)9.4.1, in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Lease (Microelectronic Packaging Inc /Ca/)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss Loss, falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (Legends of the Faith Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, either Lessor or Lessee may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee the other party of Lessor's its election to do so within 30 days after the date of occurrence of such damage. See Paragraph 9.4(a)(continued) of Addendum. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option options may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Sublease Agreement (Intervu Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, . Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee ▇▇▇▇▇▇ of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling failing within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's Lessors expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's Lessors option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Sublet Agreement (California Software Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b)If the Premises are substantially damaged or destroyed, if at any time either partially or totally, during the last twelve six (126) months of the term of this Lease there is substantial damage to the Premisesor any extension term, Lessor or Lessee may at Lessor's option their option, cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee the other of Lessor's their election to do so within 30 ten (10) days after the date of occurrence of such damage; provided, that the parties shall not be permitted to exercise such election to cancel this Lease in the event such damage is not in excess of ten percent (10%) of the value of the Improvements and either (i) can be repaired within thirty (30) days, as determined by Landlord's independent, licensed architect, which determination shall be made as soon as reasonably possible and shall be conclusive on the parties or (ii) has in fact been repaired by Lessee at its sole cost and expense within thirty (30) days after the occurrence of the damage. (b) Notwithstanding paragraph 9.4(a)Paragraph 9.3 (a) to the contrary, in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after damage or destruction to the occurrence of an Insured Loss falling within the classification of Premises Damage Premises, either total or partial, occurring during the last twelve six (126) months of the term of this LeaseLease or any extension term, which damage or destruction is covered by insurance required to be maintained under Section 8. If Lessee duly exercises such option during said twenty (20) day period, Lessor Lessee shall, in accordance with Paragraph 9.2, at LessorLessee's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may may, at Lessor's option option, terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option Option to the contrary. (c) Notwithstanding anything express or implied to the contrary in the foregoing, if Lessee fails to exercise its option to extend pursuant to Paragraph 9.3(b), then Lessee's presence on the Premises shall not be deemed a holdover during a period of ninety (90) days after giving notice, provided that Lessee uses its best efforts to move its equipment from the Premises as soon as is reasonably possible, Lessee's presence is not in violation of any laws, and Lessee complies with Lessor's reasonable safety and insurance requirements.

Appears in 1 contract

Sources: Sublease Agreement (Psinet Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, Lease and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lease if Lessee duly exercises such option during said twenty (20) day period, . Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment equipment, or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (LJL Biosystems Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b)If the Premises are damaged or destroyed, if at any time either partially or totally, during the last twelve (12) six months of the term of this Lease there is substantial damage to the PremisesLease, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a)9.3(a) to the contrary, in the event that Lessee has an option to extend extent or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after damage or destruction to the occurrence of an Insured Loss falling within the classification of Premises Damage Premises, either total or partial occurring during the last twelve (12) six months of the term of this Lease, which damage or destruction is covered by insurance required to be maintained under paragraph 8. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor Lessee shall, in accordance with paragraph 9.2 at LessorLessee's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then the Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (Leiner Health Products Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to whether or not an insured Less which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, Lease and the time within which said option may be exercised has not yet expired, . Lessee shall exercise such option, option if it is to be exercised at all, all no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lease if Lessee duly exercises such option during said twenty (20) day period, . Lessor shall, at Lessor's expense, . repair such damage, but bit not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effectelect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessorlessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Lease Agreement (Iown Holdings Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is Is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event even that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is Is to be exercised at all, all no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvementsImprovements, as soon as reasonably possible and this Lease shall continue in In full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, period then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, period notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Orange National Bancorp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage., (b) Notwithstanding paragraph 9.4(a), in In the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Launch Media Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, fixtures equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Guess Inc Et Al/Ca/)

Damage Near End of Term. (a) 8.4.1 Subject to paragraph 9.4(b)8.4.2, if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor Landlord may at LessorLandlord's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Tenant of LessorLandlord's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) 8.4.2 Notwithstanding paragraph 9.4(a)8.4.1, in the event that Lessee Tenant has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty thirty (2030) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee Tenant duly exercises such option during said twenty thirty (2030) day period, Lessor Landlord shall, at LessorLandlord's expense, repair such damage, but not LesseeTenant's fixtures, . equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty thirty (2030) day period, then Lessor Landlord may at LessorLandlord's option terminate and cancel this Lease as of the expiration of said twenty thirty (2030) day period by giving written notice to Lessee Tenant of LessorLandlord's election to do so within ten (10) days after the expiration of said twenty thirty (2030) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Office Building Lease (Convera Corp)

Damage Near End of Term. (a) 8.4.1 Subject to paragraph 9.4(b)8.4.2, if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor Landlord may at LessorLandlord's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Tenant of LessorLandlord's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) 8.4.2 Notwithstanding paragraph 9.4(a)8.4.1, in the event that Lessee Tenant has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty thirty (2030) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee Tenant duly exercises such option during said twenty thirty (2030) day period, Lessor Landlord shall, at LessorLandlord's expense, repair such damage, but not LesseeTenant's fixtures, . equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty thirty (2030) day period, then Lessor Landlord may at Lessor's Landlord’s option terminate and cancel this Lease as of the expiration of said twenty thirty (2030) day period by giving written notice to Lessee Tenant of LessorLandlord's election to do so within ten (10) days after the expiration of said twenty thirty (2030) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Office Building Lease (Convera Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage, whether or not an Insured Loss, and such damage to falls within the Premisesclassification of Premises Partial Damage, Lessor Landlord or Tenant may at Lessor's its option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee the other party of Lessor's the terminating party’s election to do so terminate this lease within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee Tenant has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee Tenant duly exercises such option during said twenty (20) day period, Lessor Landlord shall, at Lessor's its expense, repair such damage, but not Lessee's Tenant’s fixtures, equipment equipment, or tenant improvements, as soon as reasonably possible possible, and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty (20) day period, then Lessor Landlord may at Lessor's its option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee Tenant of Lessor's Landlord’s election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Lease Agreement (Wireless Ronin Technologies Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve one (121) months year of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Office Lease (Decrane Aircraft Holdings Inc)

Damage Near End of Term. (aA) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. If at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessee may at Lessee's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessor of Lessee's election to do so within thirty (30) days after the occurrence of such damage, and Lessee shall not be liable for any additional rent after such termination date. (bB) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Full Service Lease (Sysview Technology, Inc.)

Damage Near End of Term. (ai) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's ’s option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's ’s election to do so within 30 days after the date of occurrence of such damage. (bii) Notwithstanding paragraph 9.4(a9(e)(i), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no not later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's ’s expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's ’s option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's ’s election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Lease Agreement (TUTOR PERINI Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time In the event that the Premises or ------------------------ the Building is destroyed or damaged by a Casualty during the last twelve thirty-six (1236) months of the term of this Lease there Term, and if (i) the Estimated Completion Date is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 greater than one hundred twenty (120) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this LeaseCasualty, and the time within which said option may be exercised (ii) Tenant has not yet expiredpreviously exercised, Lessee shall exercise such optionor does not, if it is to be exercised at all, no later than twenty within sixty (2060) days after the occurrence date of an Insured Loss falling within such Casualty, exercise, any remaining extension options pursuant to SECTION 2.2.2 of this Lease at the classification of Premises Damage during the last twelve (12) months time of the term Casualty, then, -------------- notwithstanding anything contained in this ARTICLE 8, Landlord and Tenant shall --------- each have the option to terminate this Lease by giving notice to the other of this Lease. If Lessee duly exercises the exercise of such option during said twenty within (20a) day periodthirty (30) days after Landlord's delivery to Tenant of the Repair Certificate, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails (b) if Tenant is considering whether to exercise such option during said twenty a Renewal Option, within sixty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (1060) days after the expiration date of said twenty the Casualty, in which event this Lease shall cease and terminate as of the date set forth in such notice (20which date shall not be greater than one hundred eighty (180) day perioddays after the date of the Casualty), notwithstanding any term or provision in the grant of option Tenant shall, subject to the contraryterms of SECTION 8.1.2 above, pay the Base Rent and Additional Rent, properly -------------- apportioned up to such date of termination, and both parties hereto shall thereafter be freed and discharged of all further obligations hereunder, except as provided for in provisions of this Lease which by their terms survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Sources: Office Lease (21st Century Insurance Group)

Damage Near End of Term. (a1) Subject to paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b2) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effecteffect provided Lessee first deposits with Lessor any shortfall in necessary funds. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Lease Agreement (Big Dog Holdings Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's ’s option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's ’s election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's ’s expense, repair such damage, but not Lessee's ’s fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's ’s option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's ’s election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Axesstel Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term Term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's and Lessee each has the option to cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee the other of Lessor's its election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a10.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) that 25 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term Term of this Lease. If Lessee duly exercises such option during said twenty (20) 25 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 25 day period, then Lessor Less may at LessorLessee's option terminate and cancel this Lease as of the expiration of said twenty (20) 25 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 5 days after the expiration of said twenty (20) 25 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Industrial Lease (Strategic Diagnostics Inc/De/)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time anytime during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, either Lessor or Lessee may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee the other party of Lessor's its election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's ’s expense, repair such damage, but not Lessee's ’s fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then either Lessor or Lessee may at Lessor's option terminate -terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee the other party of Lessor's its election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (Drugstore Com Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of to such damage. (b) Notwithstanding paragraph 9.4(a15.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises exercise such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day 20 period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Sublease Agreement (Duraswitch Industries Inc)

Damage Near End of Term. (a) Subject to paragraph Paragraph 9.4(b), if at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph Paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Leaselease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within with the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment fixtures or tenant improvementsequipment, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Less▇▇ ▇▇ Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Tenant Lease (Kensey Nash Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor either party may at Lessorsuch party's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Office Lease (Intrabiotics Pharmaceuticals Inc /De)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve six (126) months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may Landlord may., at LessorLandlord's option option, cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Tenant of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(aParagraph 8.5(a), in the event that Lessee Tenant has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve six (126) months of the term of this Lease. If Lessee Tenant duly exercises such option during said twenty (20) day period, Lessor Landlord shall, at LessorLandlord's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty (20) day period, then Lessor Landlord may at LessorLandlord's option option, terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee Tenant of LessorLandlord's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Triple Net Industrial Lease (Telco Systems Inc /De/)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.and

Appears in 1 contract

Sources: Lease Agreement (Us Search Corp Com)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving given written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the this grant of option to the contrary.

Appears in 1 contract

Sources: Lease Agreement (Microtel International Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term terms of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, . Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day 20 days period, Lessor shall, at Lessor's expenseexpenses, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (Truetime Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option -option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Impac Mortgage Holdings Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the Premises, Lessor Landlord may at LessorLandlord's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee Tenant of LessorLandlord's election to do so within 30 days after the date dale of occurrence of such damageda▇▇▇▇. (b) Notwithstanding paragraph 9.4(a), in the event that Lessee Tenant has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee Tenant duly exercises such option during said twenty (20) day period, Lessor Landlord shall, at LessorLandlord's expense, repair such damage, but not LesseeTenant's fixtures, equipment or tenant improvementsTenant Improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option during said twenty (20) day period, then Lessor Landlord may at LessorLandlord's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by giving written notice to Lessee Tenant of LessorLandlord's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Office Lease (Excalibur Technologies Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.. *

Appears in 1 contract

Sources: Standard Industrial Lease (Jmar Industries Inc)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if If at any time during the last twelve (12) six months of the term of this Lease there is substantial damage to damage, whether or not an Insured Loss, which falls within the Premisesclassification of Premises Partial Damage, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after alter the date of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.5(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last twelve (12) six months of the term of this Lease. If Lessee duly exercises such option during said twenty (20) 20 day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements, damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) 20 day period by giving written notice to Lessee of Lessor's election to do so within ten (10) 10 days after the expiration of said twenty (20) 20 day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Industrial Lease (International Menu Solutions Corp)

Damage Near End of Term. (a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) 121 months of the term of this Lease there is Is substantial damage to the Premises, Lessor may ma), at Lessor's option cancel and terminate this Lease as of the date late of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date ▇▇▇▇ of occurrence of such damage. (b) Notwithstanding paragraph 9.4(a9.4 (a), . in the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if . If it is to be exercised at all, no later than twenty (20) days after the occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this o(this Lease. If 11 Lessee duly duty exercises such option during said twenty (20) day day), period, . Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, fixtures equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by period, giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or provision in the grant of option to the contrary.

Appears in 1 contract

Sources: Standard Office Lease (Thermatrix Inc)