Greater Than 180 Days. If the Premises or Building should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days, either Landlord or Tenant may terminate this Lease by giving written notice within ten (10) days after notice from Landlord specifying such time period of repair; and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease, Landlord shall promptly commence and diligently prosecute to completion the repairs to the Premises, provided insurance proceeds are available to repair the damage (except that Landlord shall not be required to rebuild, repair or replace any Excluded Improvements which may have been placed in, on or about the Premises by or for the benefit of Tenant). If Tenant is required to vacate all or a portion of the Premises during Landlord's repair thereof, the Base Rent payable hereunder shall be abated proportionately from the date Tenant vacates all or a portion of the Premises only during the period that the Premises are unfit for occupancy.
Appears in 1 contract
Sources: Office Lease (Puma Technology Inc)
Greater Than 180 Days. If the Premises or Building should be so damaged by Casualty to such extent that rebuilding or repairs cannot in Landlord’s estimation be reasonably completed within one hundred eighty (180) daysdays after receipt of required permits for rebuilding or repair, and such damage materially and adversely interferes with the conduct of Tenant’s business in the Premises, then either Landlord or Tenant may terminate party shall have the right to cancel this Lease by giving the other party written notice within [ten (10) )] days after notice from Landlord specifying such time period of repair; and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates of Landlord’s notice that material restoration of the Premises cannot be made within such one hundred eighty (180) day period or notice that Landlord has elected not to rebuild or repair the Premises. In Said cancellation shall be effective [thirty (30)] days from the event first day that neither either party gives its notice to cancel. If either party elects to terminate so cancel this Lease, Landlord shall promptly commence proceed to rebuild and diligently prosecute to completion the repairs to the Premises, provided insurance proceeds are available to repair the damage (Premises diligently and in the manner determined by Landlord, except that Landlord shall not be required to rebuild, repair or replace any Excluded Improvements part of any Alterations which may have been placed in, on or about the Premises by or for the benefit of Tenant). If Tenant is required to vacate all or a portion of the Premises during Landlord's repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately from proportionately, but only to the date Tenant vacates all or a portion extent of the Premises only rent abatement proceeds received by Landlord during the period that time and to the extent the Premises are unfit for occupancy.
Appears in 1 contract
Greater Than 180 Days. If the Premises or Building should be so damaged --------------------- that rebuilding or repairs cannot be completed within one hundred eighty (180) days, either Landlord or Tenant may terminate this Lease by giving written notice within ten (10) days after notice from Landlord specifying such time period of repair; and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease, . Landlord shall promptly commence and diligently prosecute to completion the repairs to the Premises, provided insurance proceeds are available to repair the damage (except that Landlord shall not be required to rebuild, repair or replace any Excluded Improvements which may have been placed in, on or about the Premises by or for the benefit of Tenant). If Tenant is required to vacate all or a portion of the Premises during Landlord's repair thereof, the Base Rent payable hereunder shall be abated proportionately from the date Tenant vacates all or a portion of the Premises only to the extent rental abatement insurance proceeds are received by Landlord and only during the period that the Premises are unfit for occupancy.
Appears in 1 contract
Sources: Single Tenant Industrial Lease (Mohawk Industries Inc)
Greater Than 180 Days. If the Premises or Building should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days, either Landlord or Tenant may terminate this Lease by giving written notice within ten (10) days after notice from Landlord specifying such time period of repair; and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease, Landlord shall promptly commence and diligently prosecute to completion the repairs to the Premises, provided insurance proceeds are available to repair the damage (except that Landlord shall not be required to rebuild, repair or replace any Excluded Improvements which may have been placed in, on or about the Premises by or for the benefit of Tenant; provided, however, that Landlord shall rebuild, repair or replace such Improvements so long as Tenant provides to Landlord any insurance proceeds that it receives pursuant to such damage or destruction). If Tenant is required to vacate all or a portion of the Premises during Landlord's repair thereof, the Base Rent payable hereunder shall be abated proportionately from the date Tenant vacates all or a portion of the Premises only to the extent rental abatement insurance proceeds are received by Landlord and only during the period that the Premises are unfit for occupancy.
Appears in 1 contract
Sources: Sublease Agreement
Greater Than 180 Days. If the Premises or Building should be so damaged by Casualty to such extent that rebuilding or repairs cannot in Landlord's estimation be reasonably completed within one hundred eighty (180) daysdays after the date of such notice and receipt of required permits for such rebuilding or repair, then Landlord either Landlord or Tenant may terminate party shall have the option, to be exercised within thirty (30) days following receipt of Landlord's estimate, of either (1) terminating this Lease by giving written notice within ten (10) days after notice from Landlord specifying effective upon the date of the occurrence of such time period of repair; and this Lease shall terminate and damage, in which event the Rent shall be abated from during the date unexpired portion of this Lease or (2) electing to rebuild or repair the Premises diligently and in the manner determined by Landlord. Landlord shall notify Tenant vacates of its election within thirty (30) days after Landlord's receipt of notice of the Premisesdamage or destruction. In the event that If neither party elects to terminate this Leaseso terminate, Landlord shall promptly commence and diligently prosecute to completion the repairs to the Premises, provided insurance proceeds are available to rebuild or repair the damage (except that Premises diligently and in the manner reasonably determined by Landlord. Notwithstanding the above, Landlord shall not be required to rebuild, repair or replace any Excluded Improvements part of any Alterations which may have been placed inplaced, on or about the Premises by or for the benefit of Tenant). If Tenant is required to vacate all or a portion of the Premises during Landlord's repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately from proportionately, but only to the date Tenant vacates all or a portion extent of the Premises only rental abatement insurance proceeds received by Landlord during the period that time and to the extent the Premises are unfit for occupancy.
Appears in 1 contract
Sources: Sub Sublease (Divx Inc)
Greater Than 180 Days. If the Premises or Building should be so damaged --------------------- that rebuilding or repairs cannot be completed within one hundred eighty (180) days, either Landlord or Tenant may terminate this Lease by giving written notice within ten (10) days after notice from Landlord specifying such time period of repair; and this Lease shall terminate and the Rent shall be abated from the date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease, Landlord shall promptly commence and diligently prosecute to completion the repairs to the Premises, provided insurance proceeds are available to repair the damage (except that Landlord shall not be required to rebuild, repair or replace any Excluded Improvements which may have been placed in, on or about the Premises by or for the benefit of Tenant). If Tenant is required to vacate all or a portion of the Premises during Landlord's repair thereof, the Base Rent payable hereunder shall be abated proportionately from the date Tenant vacates all or a portion of the Premises only to the extent rental abatement insurance proceeds are received by Landlord and only during the period that the Premises are unfit for occupancy.
Appears in 1 contract
Sources: Single Tenant Industrial Lease (Mohawk Industries Inc)