Damage - Uninsured. In the event the Premises or the Building are damaged by a risk not covered by Landlord's policy or the proceeds of insurance available to Landlord are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed with sixty (60) days after the commencement of work in the opinion of the registered architect or engineer appointed by Landlord, then Landlord shall have the option either to (i) repair or restore such damage, this Lease continuing in full force and effect, but the rent to be equitable abated as hereinabove provided, or (ii) give notice to Tenant at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than 30 nor more than sixty (60) days after giving such notice. In the event of giving of such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on such date so specified in such notice and the rent reduced by any proportionate reduction based upon the extent, if any, to which said damage interfered with the use and occupancy of Tenant, shall be paid to the date of such termination; Landlord agrees to refund to the Tenant any rant theretofore paid in advance for any period of time subsequent to such date.
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Damage - Uninsured. In the event the Premises or the Building are damaged by a risk not covered by Landlord's policy or the proceeds of insurance available to Landlord are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed with sixty (60) days after the commencement of work in the opinion of the registered architect or engineer appointed by Landlord, then Landlord shall have the option either to (i) repair or restore such damage, this Lease continuing in full force and effect, but the rent to be equitable equitably abated as hereinabove provided, or (ii) give notice to Tenant at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than 30 nor more than sixty (60) days after giving such notice. In the event of giving of such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on such date so specified in such notice and the rent reduced by any proportionate reduction based upon the extent, if any, to which said damage interfered with the use and occupancy of Tenant, shall be paid to the date of such termination; Landlord agrees to refund to the Tenant any rant rent theretofore paid in advance for any period of time subsequent to such date.
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Sources: Office Lease (Acacia Research Corp)
Damage - Uninsured. In the event the Premises or the Building are damaged by a risk not covered by Landlord's policy insurance or the proceeds of available insurance available to Landlord are less than eighty ninety percent (8090%) of the cost of restoration, or if the restoration cannot be completed with sixty within ninety (6090) days after the commencement of work in the opinion of the registered architect or engineer appointed by Landlord, then Landlord shall have the option either to (i1) repair or restore such damage, this Lease continuing in full force and effect, but the rent to be equitable proportionately abated as hereinabove provided, or (ii2) give notice to Tenant at any time within thirty ninety (3090) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall not be not less than 30 thirty (30) nor more than sixty (60) days after giving such notice. In the event of the giving of such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on such date so specified in such notice and the rent rent, reduced by any proportionate reduction based upon the extent, if any, to which said damage interfered with the use and occupancy of Tenant, shall be paid to the date of such termination; Landlord agrees to refund to the Tenant any rant theretofore rent therefore paid in advance for any period of time subsequent to such date.
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