Abatement of Rent; Tenant’s Remedies. (a) If the Premises are partially destroyed or damaged and DISTRICT or TENANT repairs or restores them pursuant to the provisions of this Section 10, the Rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which TENANT'S use of the Premises is impaired. Except for abatement of rent, if any, TENANT shall have no claim against DISTRICT for any damage suffered by reason of any such damage, destruction, repair, or restoration. (b) Subject to Section 12.5, if DISTRICT is obligated to repair or restore the Premises under the provisions of this Section 12.6 and shall not commence such repair or restoration within ninety (90) days after such obligation shall accrue, TENANT may at TENANT'S option cancel and terminate this Lease by giving DISTRICT written notice of TENANT'S election to do so at any time prior to the commencement of such repair or restoration. In such event this Lease shall terminate as of the date of such notice.
Appears in 1 contract
Samples: Lease Agreement
Abatement of Rent; Tenant’s Remedies. (a) If In the Premises are partially destroyed event of damage described in this Section 9 which Landlord or damaged and DISTRICT or TENANT Tenant repairs or restores them pursuant to the provisions of this Section 10restores, the Rent rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which TENANT'S Tenant’s use of the Premises Property is impaired. Except for abatement of rent, if any, TENANT Tenant shall have no claim against DISTRICT Landlord for any damage suffered by reason of any such damage, destruction, repair, repair or restoration.
(b) Subject to Section 12.5, if DISTRICT is If Landlord shall be obligated to repair or restore the Premises Property under the provisions of this Section 12.6 9 and shall not commence such repair or restoration within ninety (90) days after such obligation shall accrue, TENANT Tenant may at TENANT'S Tenant’s option cancel and terminate this Lease by giving DISTRICT Landlord written notice of TENANT'S Tenant’s election to do so at any time prior to the commencement of such repair or restoration. In such event event, this Lease shall terminate as of the date of such noticenotice and Tenant shall have no other rights against Landlord.
Appears in 1 contract
Samples: Commercial Lease (Drugmax Inc)
Abatement of Rent; Tenant’s Remedies. (a) If In the Premises are partially destroyed event of damage described in Paragraphs 12.2 or damaged 12.3, and DISTRICT Landlord or TENANT Tenant repairs or restores them the Premises pursuant to the provisions of this Section 10paragraph, the Rent rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which TENANT'S Tenant's use of the Premises is impaired. Except for abatement of rent, if any, TENANT Tenant shall have no claim against DISTRICT for Landlord to any damage suffered by reason of any such damage, destruction, repair, or restoration.
(b) Subject to Section 12.5, if DISTRICT is . If Landlord shall be obligated to repair or restore the Premises under the provisions of this Section 12.6 paragraph and shall not commence such repair or restoration within ninety (90) days after such obligation obligations shall accrue, TENANT Tenant may at TENANT'S Tenant's option cancel and terminate this Lease by giving DISTRICT Landlord written notice of TENANT'S Tenant's election to do so at any time prior to the commencement of such repair or restoration. In such event this Lease shall terminate as of the date of such notice.
Appears in 1 contract
Samples: Lease Agreement
Abatement of Rent; Tenant’s Remedies. (a) If In the Premises are partially destroyed event of damage described in this Section 9 which Landlord or damaged and DISTRICT or TENANT Tenant repairs or restores them pursuant to the provisions of this Section 10restores, the Rent rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which TENANT'S Tenant's use of the Premises Property is impaired. Except for abatement of rent, if any, TENANT Tenant shall have no claim against DISTRICT Landlord for any damage suffered by reason of any such damage, destruction, repair, repair or restoration.
(b) Subject to Section 12.5, if DISTRICT is If Landlord shall be obligated to repair or restore the Premises Property under the provisions of this Section 12.6 9 and shall not commence such repair or restoration within ninety (90) days after such obligation shall accrue, TENANT Tenant may at TENANT'S Tenant's option cancel and terminate this Lease by giving DISTRICT Landlord written notice of TENANT'S Tenant's election to do so at any time prior to the commencement of such repair or restoration. In such event event, this Lease shall terminate as of the date of such noticenotice and Tenant shall have no other rights against Landlord.
Appears in 1 contract
Abatement of Rent; Tenant’s Remedies. (a) If In the Premises are partially destroyed or damaged and DISTRICT event of damage described elsewhere herein which LANDLORD or TENANT repairs or restores them pursuant to the provisions of this Section 10restores, the Rent rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which TENANT'S use of the Premises is impaired. Except for abatement of rent, if any, TENANT shall have no claim against DISTRICT LANDLORD for any damage suffered by reason of any such damage, destruction, repair, repair or restoration.
(b) Subject to Section 12.5, if DISTRICT is If LANDLORD shall be obligated to repair or restore the Premises under the provisions of this Section 12.6 elsewhere herein provided and shall not commence such repair or restoration within ninety (90) days after such obligation shall accrue, TENANT may at TENANT'S option cancel and terminate this Lease by giving DISTRICT LANDLORD written notice of TENANT'S election to do so at any time prior to the commencement of such repair or restoration. In such event this Lease shall terminate as of the date of such noticenotice and TENANT shall have no other rights against LANDLORD.
Appears in 1 contract
Samples: Lease Agreement
Abatement of Rent; Tenant’s Remedies. (a) If In the event that any Destruction or Condemnation action were to occur over the Premises are partially destroyed as described in Section 13.2 and Section 14 hereof when the Landlord is in the process of repairing or damaged and DISTRICT or TENANT repairs or restores them pursuant to the provisions of this Section 10restoring it, the Rent rent payable hereunder for the period during which commencing on the date of such damage, occurrence and continuing through completion of such repair or and restoration continues of tenantability shall be abated in proportion to the degree to which TENANT'S Tenant's use of the Premises Premises, including parking and access to the Premises, is impaired. Except for abatement of rent, if any, TENANT shall have no claim against DISTRICT for any damage suffered by reason of any such damage, destruction, repair, or restoration.
(b) Subject to Section 12.5, if DISTRICT is If Landlord shall be obligated to repair or restore any portion of the Premises under the provisions of this Section 12.6 or Building, and shall not commence the process of such repair or restoration within ninety twenty (9020) days after such obligation shall accrue, TENANT may Tenant may, at TENANT'S option cancel and its option, terminate this Lease by giving DISTRICT Landlord written notice of TENANT'S Tenant's election to do so at any time prior to the commencement of such repair or restoration. In such event this Lease shall terminate as of the date of such notice. Tenant may also terminate this Lease on five (5) days' written notice if Landlord shall not, after notice and after five (5) day cure period, diligently pursue to completion the repair or restoration after commencing such work.
Appears in 1 contract
Samples: Lease (Synplicity Inc)
Abatement of Rent; Tenant’s Remedies. (a) If In the Premises are partially destroyed event of damage described in this Section 8 which Landlord or damaged and DISTRICT or TENANT Tenant repairs or restores them pursuant to the provisions of this Section 10restores, the Rent rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which TENANT'S Tenant’s use of the Premises Property is impaired. Except for abatement of rent, if any, TENANT Tenant shall have no claim against DISTRICT Landlord for any damage suffered by reason of any such damage, destruction, repair, repair or restoration.
(b) Subject to Section 12.5, if DISTRICT is If Landlord shall be obligated to repair or restore the Premises Property under the provisions of this Section 12.6 8 and shall not commence such repair or restoration within ninety (90) days after such obligation shall accrue, TENANT may Tenant may, at TENANT'S option Tenant’s option, cancel and terminate this Lease by giving DISTRICT Landlord written notice of TENANT'S Tenant’s election to do so at any time prior to the commencement of such repair or restoration. In such event event, this Lease shall terminate as of the date of such noticenotice and Tenant shall have no other rights against Landlord.
Appears in 1 contract
Samples: Commercial Lease (Drugmax Inc)