Common use of Partial Damage - Uninsured Loss Clause in Contracts

Partial Damage - Uninsured Loss. Subject to the provisions of Section 11.4 and 11.5 and 11.6, if at any time during the Lease Term there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense to the extent such repairs are not covered by insurance to be provided under this Lease), Landlord may at Landlord's option either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease. Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice with such 10 day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 11.4 and 11.5 and 11.6, if at any time during the Lease Term there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense to the extent such repairs are not covered by insurance to be provided under this Lease’s sole cost and expense), Landlord may at Landlord's option either either: (i) repair such damage as soon as reasonably possible at Landlord's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give either party may terminate this Lease by giving written notice to Tenant the other party within thirty (30) days after the date receipt by Landlord of knowledge of the occurrence of such damage damage. Such termination shall be effective sixty (60) days following the date of Landlord's intention such notice. In the event Landlord elects to cancel and terminate this Lease. , Tenant shall have the right within ten (10) days after the receipt of such the termination notice to give written notice to Landlord of Tenant's intention ’s commitment to pay for the repair of such damage at Tenant's expense, without reimbursement from Landlord, in which . Tenant shall provide Landlord with said funds or satisfactory assurance thereof within thirty (30) days after making such commitment. In such event this Lease shall continue in full force and effect, and Tenant Landlord shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant does not give such notice with such 10 day period make the required commitment, this Lease shall be canceled and terminated terminate as of the date of specified in the occurrence of such damagetermination notice.

Partial Damage - Uninsured Loss. Subject Notwithstanding anything to the provisions of Section 11.4 and 11.5 and 11.6contrary contained herein, if at any time during the Lease Term there is a Premises Partial Damage occurs and such damage which is not an Insured Loss and which falls within completely covered (less any applicable deductible) by the classification insurance described in [***] The asterisks denote that confidential portions of Premises Partial Damage, unless caused by a negligent or willful act this exhibit have been omitted in reliance on Rule 24b-2 of Tenant (in which event Tenant shall make the repairs at Tenant's expense Securities Exchange Act of 1934. The confidential portions have been submitted separately to the extent such repairs are not covered by insurance to be provided under this LeaseSecurities and Exchange Commission ‘Paragraph 8.3(a), Landlord then Lessor may at Landlord's option either (i) repair such damage effect Restoration (but not as to Excluded Equipment, Additional Data Center Fixtures or Lessee Owned Alterations, Utility Installations and other items owned by Lessee during the Term) as soon as reasonably possible at Landlord's expense, in which event Lessor’s expense and this Lease shall continue in full force and effect, or (ii) to give written notice to Tenant Lessee within thirty sixty (3060) days after the date of the occurrence of such damage of Landlord's Lessor’s intention to cancel and terminate this Lease. Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice with such 10 day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage; provided, however, in the event Lessor elects to terminate this Lease, Lessee shall have the right in writing to Lessor within 15 days thereafter, at Lessee’s option to effect such Restoration damage as soon as reasonably possible at Lessee’s expense and this Lease shall continue in full force and effect provided, the Term shall toll for a period equal to the period of Restoration, not to exceed a maximum of 12 months. As a condition to effectuating such Restoration, Lessor may require Lessee to provide Lessor with reasonably adequate security to assure Lessor and its Lender, if any, of payment by Lessee for the Restoration.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 11.4 and 11.5 and 11.68.5, if if, at any time during the Lease Term term hereof, there is damage which is not an Insured Loss and which falls within the classification of Premises Property Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense to the extent such repairs are not covered by insurance to be provided under this Leaseexpense), Landlord may may, at Landlord's option option, either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Tenant, within thirty (30) days after the date of the occurrence of such damage damage, of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease. , Tenant shall have the right right, within ten (10) days after the receipt of such notice notice, to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, expense without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice with within such 10 ten (10) day period period, this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlord.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 11.4 Paragraph 9.4, 9.5 and 11.5 and 11.69.6, if at any time during the term of this Lease Term there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense expense) (to the extent such repairs are not covered caused by insurance to be provided under this Leasethe negligent or willful acts of Lessee), Landlord Lessor may at LandlordLessor's option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. Tenant In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense, without reimbursement from LandlordLessor, in which event this Lease lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice with within such 10 10-day period this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 11.4 and 11.5 and 11.6, if at any time during the Lease Term there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Premises Partial Damageoccurs, unless caused by a negligent or willful act of Tenant or any member of the Tenant Group (in which event Tenant shall make or pay Landlord for the repairs repairs, at TenantLandlord's expense to the extent such repairs are not covered by insurance to be provided under election, and this LeaseLease shall continue in full force and effect), Landlord may at Landlord's option option, either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty sixty (3060) days after the date receipt by Landlord of knowledge of the occurrence of such damage of Landlord's intention desire to cancel and terminate this Lease. , Tenant shall have the right within ten five (105) days after the receipt of such notice to give written notice to Landlord of Tenant's intention commitment to pay for the repair of such damage totally at Tenant's expense, expense and without reimbursement from Landlord, in which . Tenant shall provide Landlord with the required funds or satisfactory assurance thereof within fifteen (15) days following such commitment from Tenant. In such event this Lease shall continue in full force and effect, and Tenant Landlord shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant does not give such notice with such 10 day period and provide the funds or assurance thereof within the time specified above, this Lease shall be canceled and terminated terminate as of the date specified in Landlord's notice of the occurrence of such damagetermination.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 11.4 paragraphs 12.4, 12.5 and 11.5 and 11.612.6, if at any time during the term of this Lease Term there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense to the extent such repairs are not covered by insurance to be provided under this Leaseexpense), Landlord may at Landlord's option either (i) repair such damage as soon as reasonably possible at Landlord's expense, expense in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of ▇▇▇▇▇▇▇▇'s intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease. , Tenant shall have the right within ten (10I 0) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give notgive such notice with within such 10 ten (10) day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 11.4 and 11.5 and 11.6Section, if at any time during the Lease Term hereof there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense to the extent such repairs are not covered by insurance to be provided under this Lease’s expense), Landlord may at Landlord's ’s option either (i) repair such damage as soon as reasonably possible at Landlord's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's ’s intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord’s intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's ’s intention to repair such damage at Tenant's ’s expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice with within such 10 10-day period period, this Lease shall be canceled and terminated as of the date of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlord.