Total or Substantial Destruction. If the Premises are totally or Substantially Destroyed by any cause whatsoever, this Lease shall terminate as of the date the destruction occurs regardless of whether Landlord receives any insurance proceeds. The term “Substantially Destroyed” or “Substantial Destruction” means destruction of more than fifty percent (50%) of the Premises. Notwithstanding the foregoing, and regardless of whether or not insurance proceeds are available, if the Premises can be rebuilt within ninety (90) days after the date of destruction, Landlord may elect to rebuild the Premises at Landlord’s own expense, in which case, this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within thirty (30) days after the occurrence of total or Substantial Destruction. If the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord.
Appears in 1 contract
Total or Substantial Destruction. If the Premises are is totally or Substantially Destroyed substantially destroyed by any cause whatsoever, or if the Premises is in a building which is substantially destroyed (even though the Premises is not totally or substantially destroyed), this Lease shall Sublease shall, at the election of either Party terminate as of the date the destruction occurs occurred regardless of whether Landlord receives any insurance proceeds. The term “Substantially Destroyed” or “Substantial Destruction” means destruction of more than fifty percent (50%) of the Premises. Notwithstanding the foregoing, and regardless of whether or not insurance proceeds are availableHowever, if the Premises can be rebuilt within ninety one (901) days year after the date of destruction, Landlord may elect to rebuild the Premises at Landlord’s 's own expenseexpense (with all insurance proceeds being made available to the Landlord to apply against such costs), in which case, this Lease shall remain in full force and effectcase the tenant will have a right of first refusal to re-sublease the Premises. Landlord shall notify Tenant of such election within thirty (30) days after the occurrence of total or Substantial Destructionsubstantial destruction. If the destruction was caused by an act or of omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord.
Appears in 1 contract
Sources: Industrial Real Estate Triple Net Sublease (Copper Mountain Networks Inc)
Total or Substantial Destruction. If the Premises are is totally or Substantially Destroyed substantially destroyed (meaning the cost to repair would exceed ten percent of replacement value as reasonably determined by Landlord) by any cause whatsoever, this Lease shall shall, at the election of the Landlord, terminate as of the date the destruction occurs occurred regardless of whether Landlord receives any insurance proceeds. The term “Substantially Destroyed” or “Substantial Destruction” means destruction of more than fifty percent (50%) of the Premises. Notwithstanding the foregoing, and regardless of whether or not insurance proceeds are availableHowever, if the Premises can be rebuilt within ninety nine (909) days months after the date of destruction, Landlord may elect to rebuild the Premises at Landlord’s own expenseexpense (with all insurance proceeds being made available to the Landlord to apply against such costs), in which case, this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within thirty (30) days after the occurrence of total or Substantial Destructionsubstantial destruction. If the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord.
Appears in 1 contract
Total or Substantial Destruction. If the Premises are is totally or Substantially Destroyed substantially destroyed by any cause whatsoever, or if the Premises is in a building which is substantially destroyed (even though the Premises is not totally or substantially destroyed), this Lease shall terminate as of the date the destruction occurs occurred regardless of whether Landlord receives any insurance proceeds. The term “Substantially Destroyed” or “Substantial Destruction” means destruction of more than fifty percent (50%) of the Premises. Notwithstanding the foregoing, and regardless of whether or not insurance proceeds are availableHowever, if the Premises can be rebuilt within ninety (90) 180 days after the date of destruction, Landlord may elect to rebuild the Premises at Landlord’s 's own expenseexpense (with all insurance proceeds being made available to the Landlord to apply against such costs), in which case, this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within thirty (30) days after the occurrence of total or Substantial Destructionsubstantial destruction. If the destruction was caused by an act the negligence or omission willful misconduct of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord. Tenant shall have the right to terminate the Lease if such rebuilding is not completed within said 180-day period or if the destruction occurs within six months of the end of the Term of the Lease.
Appears in 1 contract
Sources: Lease (Community Bancorp Inc)
Total or Substantial Destruction. If the Premises are is totally or Substantially Destroyed substantially destroyed by any cause whatsoever, or if the Premises is in a building which is substantially destroyed (even though the Premises is not totally or substantially destroyed), this Lease shall Sublease shall, at the election of the Landlord, terminate as of the date the destruction occurs occurred regardless of whether Landlord receives any insurance proceeds. The term “Substantially Destroyed” or “Substantial Destruction” means destruction of more than fifty percent (50%) of the Premises. Notwithstanding the foregoing, and regardless of whether or not insurance proceeds are availableHowever, if the Premises can be rebuilt within ninety one (901) days year after the date of destruction, Landlord may elect to rebuild the Premises at Landlord’s 's own expenseexpense (with all insurance proceeds being made available to the Landlord to apply against such costs), in which case, this Lease Sublease shall remain in full force and effect. Landlord shall notify Tenant of such election within thirty (30) days after the occurrence of total or Substantial Destructionsubstantial destruction. If the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord.
Appears in 1 contract