Common use of Partial Damage - Uninsured Loss Clause in Contracts

Partial Damage - Uninsured Loss. If a Premises Partial Damage that is not an Insured Loss occurs, unless caused by Lessee’s gross negligence or willful act (in which event Lessee shall make the repairs at Lessee’s expense), or if a Premises Partial Damage that is due to flood or earthquake occurs, Lessor shall repair such damage as soon as reasonably possible at Lessor’s expense. Upon Lessee’s written request, Lessor shall provide evidence reasonably acceptable to Lessee that Lessor has the funds necessary to pay for the costs of such repairs, and upon Lessee’s written request, Lessor shall deposit such funds into an escrow account under the terms and conditions reasonably acceptable to Lessee. If Lessor fails to provide such evidence or make such deposit, in each case within five (5) days after the applicable request, then Lessee may, by written notice to Lessor terminate this Lease, effective thirty (30) days after such termination notice.