CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, Landlord may, by notice to Tenant within 45 days after the damage, terminate this Lease or if the Leased Premises or Building are damaged so that they cannot reasonably be restored within 120 days after the damage, Tenant may, by notice to Landlord within 45 days after the damage, terminate this Lease. In either case, termination shall effective as of the date of the casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Tenant. If the Landlord does not terminate this Lease as provided above, and Landlord fails within 120 days from the date of such casualty to restore the damaged common areas thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by Tenant, Tenant may terminate this Lease as of the end of such 120 day period. In the event of termination of this Lease pursuant to this Article Eight, Rent shall be prorated on a per diem basis and paid to the date of the casualty, unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination. If the Leased Premises are untenantable and this Lease is not terminated, Rent shall abatx xx a per diem basis from the date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abatx xx be diminished during the term of this Lease.
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CASUALTY AND UNTENANTABILITY. If as a result of fire or other casualty, the Building is made substantially untenantable untenantable, or if Tenant's use and occupancy of the Leased Premises are substantially substantially interfered with due to damage to the common areas of the Building Building, or if the Leased Premises are made wholly or partially untenantable by fire or other casualtyuntenantable, then Landlord may, by notice to Tenant within 45 days after the damage, terminate this Lease or if the Leased Premises or Building are damaged so that they cannot reasonably be restored within 120 days after the damage, Tenant may, by notice to Landlord within 45 forty-five (45) days after the damage, terminate this Lease. In addition, if such a casualty occurs during the last twelve (12) months of the term of this Lease, either caseparty may, by notice to the other party within thirty (30) days after the damage, terminate this Lease. Such termination shall become effective as of the date of the such casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided aboveabove following a fire or other casualty, then Landlord shall restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Tenant. If the Landlord does not terminate this Lease as provided above, and Landlord fails within 120 two hundred ten (210) days from the date of such casualty to restore the damaged common areas thereby eliminating eliminate substantial interference with Tenant's use and occupancy of the Leased PremisesPremises caused by damage to the common areas, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by TenantPremises, Tenant may terminate this Lease as of the end of such 120 210-day period. Notwithstanding anything to the contrary contained herein, the parties hereto acknowledge and agree that, to the extent any Superior Instrument (as defined in Section 13.4 below) conflicts with the terms of this Article 8, the terms of such Superior Instrument shall control with respect to the disbursement and application of insurance proceeds, and that Landlord will comply with all requirements of the holder of any such Superior Instrument to deposit such insurance proceeds in escrow pending the application and disbursement of such insurance proceeds. In the event of termination of this Lease pursuant to this Article Eightsection, Rent shall be prorated on a per diem basis and paid to the date of the casualty, unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination. If the Leased Premises are untenantable and this Lease is not terminated, Rent shall abatx xx xxxxx on a per diem basis from the date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are is untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an a grossly negligent or willful act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abatx xx xxxxx or be diminished during the term of this Lease.
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CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, Landlord may, by notice to Tenant within 45 days after the damage, terminate this Lease or if the Leased Premises or Building are damaged so that they cannot reasonably be restored within 120 days after the damage, Tenant may, by notice to Landlord within 45 days after the damage, terminate this Lease. In either case, Such termination shall become effective as of the date of the such casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Tenant. If the Landlord does not terminate this Lease as provided above, and Landlord fails falls within 120 days from the date of such casualty to restore the damaged common areas thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by Tenant, Tenant may terminate this Lease as of the end of such 120 day period. In the event of termination of this Lease pursuant to this Article Eightparagraph, Rent shall be prorated on a per diem basis and paid to the date of the casualty, unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination. If the Leased Premises are untenantable and this Lease is not terminated, Rent shall abatx xx xxxxx on a per diem basis from the date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abatx xx xxxxx or be diminished during the term of this Lease.
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CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, Landlord may, by notice to Tenant within 45 days after the damage, terminate this Lease or if the Leased Premises or Building are damaged so that they cannot reasonably be restored within 120 days after the damage, Tenant may, by notice to Landlord within 45 days after the damage, terminate this Lease. In either case, Such termination shall become effective as of the date of the such casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Tenant. If the Landlord does not terminate this Lease as provided above, and Landlord fails within 120 days from the date of such casualty to restore the damaged common areas thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by Tenant, Tenant may terminate this Lease as of the end of such 120 day period. In the event of termination of this Lease pursuant to this Article Eightparagraph, Rent shall be prorated on a per diem basis and paid to the date of the casualty, unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination. If the Leased Premises are untenantable and this Lease is not terminated, Rent shall abatx xx xxxxx on a per diem basis from the date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abatx xx xxxxx or be diminished during the term of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Seagate Software Information Management Group Holdings Inc)
CASUALTY AND UNTENANTABILITY. If the either Building I or Building II is made substantially untenantable untenable or if Tenant's ’s use and occupancy of either the Leased Original Premises or the Expansion Premises are substantially interfered with due to damage to the common areas of the either Building I or Building II or if either the Leased Original Premises are or the Expansion Premises is made wholly or partially untenantable untenable by fire or other casualty, Landlord may, by notice to Tenant within 45 days after the damage, terminate this Lease or with respect to the space/building so damaged (e.g., if Building II and/or the Leased Expansion Premises or Building are damaged is so that they cannot reasonably be restored within 120 days after the damagedamaged, Tenant may, by notice to Landlord within 45 days after the damage, may terminate this LeaseLease with respect to the Expansion Premises). In either case, Such termination shall become effective as of the date of the such casualty. If either the Leased Original Premises are or the Expansion Premises is made partially or wholly untenantable untenable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Original Premises or the Expansion Premises, as applicable, to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Tenant. If the Landlord does not terminate this Lease as provided above, and Landlord fails within 120 days from the date of such casualty to restore the damaged common areas thereby eliminating substantial interference with Tenant's ’s use and occupancy of either the Leased Original Premises or the Expansion Premises, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by Tenant, Tenant may terminate this Lease as of the end of such 120 day period. In the event of termination of this Lease pursuant to this Article Eightparagraph, Rent shall be prorated on a per diem basis and paid to the date of the casualty, unless either the Leased Original Premises or the Expansion Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination. If either the Leased Original Premises or the Expansion Premises are untenantable untenable and this Lease is not terminated, Rent shall abatx xx axxxx on a per diem basis from the date of the casualty until either the Leased Original Premises or the Expansion Premises are ready for occupancy by Tenant. If part of either the Leased Original Premises are untenantableor the Expansion Premises is untenable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of either the Leased Original Premises or the Expansion Premises which is usable by Tenant until the damaged part is ready for Tenant's ’s occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abatx xx axxxx or be diminished during the term of this Lease.
Appears in 1 contract
Samples: Lease (Electronic Arts Inc)
CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if it Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, Landlord may, by notice to Tenant within 45 days after the damage, terminate this Lease or if the Leased Premises or Building are damaged so that they cannot reasonably be restored within 120 days after the damage, Tenant may, by notice to Landlord within 45 forty-five (45) days after the damage, terminate this Lease. In either case, Such termination shall become effective as of the date of the such casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by TenantTenant (other than the initial Leasehold Improvements). If the Landlord does not terminate this Lease as provided above, and Landlord fails within 120 one hundred twenty (120) days from the date of such casualty to restore the damaged common areas thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by TenantTenant (other than the initial Leasehold Improvements), Tenant may terminate this Lease as of the end of such 120 one hundred twenty (120) day period. Notwithstanding anything to the contrary contained herein, the parties hereto acknowledge and agree that, to the extent any Superior Instrument (as defined in Section 13.4 below) conflicts with the terms of this Article 8, the terms of such Superior Instrument shall control with respect to the disbursement and application of insurance proceeds, and that Landlord will comply with all requirements of the holder of any such Superior Instrument to deposit such insurance proceeds in escrow pending the application and disbursement of such insurance proceeds. In the event of termination of this Lease pursuant to this Article Eightsection, Rent shall be prorated on a per diem basis and paid to the date of the casualty, unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination. If the Leased Premises are untenantable and this Lease is not terminated, Rent shall abatx xx xxxxx on a per diem basis from the date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abatx xx xxxxx or be diminished during the term of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Pc Tel Inc)
CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, (i) Landlord may, by notice to Tenant within 45 sixty (60) days after the damage, terminate this Lease Lease, or if the Leased Premises or Building are damaged so that they cannot reasonably be restored within 120 days after the damage, (ii) Tenant may, by notice to Landlord within 45 sixty (60) days after the damage, terminate this Lease, provided, however, that Landlord shall be provided a reasonable opportunity within such sixty-day period to restore the Leased Premises to the conditions specified in Schedule 1 and Tenant's working drawings. In either case, Such termination shall become effective as of the date of the such casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore within 150 days of the date of such casualty the Leased Premises to the condition they were specified in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Schedule 1 and Tenant's working drawings. If the Landlord does not terminate this Lease is not terminated as provided above, and Landlord fails within 120 150 days from the date of such casualty to restore the damaged common areas thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were specified in on the Lease Commencement Date, not including any personal property or alterations performed by Schedule 1 and Tenant's working drawings, Tenant may terminate this Lease as of the end of such 120 150-day period, such termination being effective as of the date of such casualty. In the event of termination of this Lease pursuant to this Article EightARTICLE EIGHT, Rent shall be prorated on a per diem basis and paid to the date of the casualty, unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination. If the Leased Premises are untenantable and this Lease is not terminated, Rent and Tenant's other obligations hereunder shall abatx xx a per diem basis from the date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent and Tenant's other obligations hereunder shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abatx xx be diminished during the term of this Lease.
Appears in 1 contract
Samples: Lease (Randers Group Inc)
CASUALTY AND UNTENANTABILITY. A. If the Building is made substantially untenantable or if Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, Landlord may, by notice to Tenant within 45 days after the damage, terminate this Lease or if the Leased Premises or the Building is damaged or destroyed by fire or any other casualty, cause, or condition, or if the common areas in the Building are damaged so to such an extent as to substantially interfere with Tenant’s use of the Leased Premises, and that they damage or destruction cannot reasonably be restored repaired within 120 one hundred twenty (120) days after (or thirty (30) days during the damagelast six (6) months of the Term, Landlord or Tenant may, by written notice to Landlord the other party given within 45 thirty (30) days after the such damage, terminate this Lease. In either case, The termination shall be effective as of the date of such damage. Landlord’s determination as to whether the casualty. If Building can be repaired within one hundred twenty (120) days may be conditioned on Landlord obtaining authorization from its mortgagee to apply insurance proceeds for the Leased Premises are made partially purpose of repairing or wholly untenantable by fire or other casualty and rebuilding.
B. Unless this Lease is not terminated as provided above, Landlord shall restore proceed with due diligence to restore, repair and replace the Leased Premises and Building to the same condition as they were in on as of the Lease Commencement Date, not including any personal property subject to compliance with all existing codes at the time of Tenant or alterations performed by Tenant. If the Landlord does not terminate this Lease as provided above, reconstruction and Landlord fails within 120 days from and after the date of such casualty damage to the date of completion of the repairs, replacements and restorations, a just proportion of the Rent shall xxxxx according to the extent the full use and enjoyment of the Leased Premises are rendered impracticable by reason of such damage. Landlord shall be under no duty to restore any Tenant’s Alterations or Tenant’s Work.
C. Tenant hereby agrees that Landlord’s obligation to restore the damaged common areas thereby eliminating substantial interference with Leased Premises and the rental abatement provided for in this Paragraph shall be Tenant's use ’s sole recourse against Landlord in the event of a fire or other casualty to the Leased Premises and occupancy constitutes an “express agreement to the contrary” for purposes of Section 227 of the New York Real Property Law or any successor statute of similar import then in effect. If any portion of the Leased Premises, including the parking spaces available to Tenant, if any, or fails access to restore the Leased Premises is taken by the power of eminent domain and if, in Tenant’s reasonable opinion, the remainder is inadequate for carrying out the Permitted Purpose, then Tenant shall have the option to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by Tenant, Tenant may terminate cancel this Lease as of the end effective date of such 120 day periodcondemnation. In Tenant shall have the event of termination of this Lease pursuant to this Article Eightright, Rent shall be prorated on a per diem basis and paid to the date extent that the same shall not reduce or prejudice Landlord’s award, to claim from the condemning authority, but not from Landlord, such compensation as may be recoverable by Tenant in its own right for moving expenses and value of Tenant’s leasehold interest (including options to extend the casualty, unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease terminationsame). If the Leased Premises are untenantable and this Lease is not terminated, Rent shall abatx xx a per diem basis from the date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part any characteristics of the Leased Premises are untenantablemade less desirable by condemnation, Rent and Tenant elects not to cancel, then there shall be prorated on a per diem basis and apportioned an equitable adjustment of Rent for the balance of the Term, in accordance with direct proportion to the part amount of the Leased Premises which is usable by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abatx xx be diminished during the term of this Leaseso taken.
Appears in 1 contract
CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, Landlord may, by notice to Tenant within 45 days after the damage, terminate this Lease or if the Leased Premises or Building are damaged so that they cannot reasonably be restored within 120 days after the damage, Tenant may, by notice to Landlord within 45 forty-five (45) days after the damage, terminate this Lease. In either case, Such termination shall become effective as of the date of the such casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Tenant. If the Landlord does not terminate this Lease within such forty-five (45) day period, as provided above, and Landlord fails fails, subject to force majeure, within 120 150 days from the date of such casualty thereafter to restore the damaged common areas areas, thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by Tenant, Tenant may terminate this Lease as of the end of such 120 150 day period, provided that Tenant provides Landlord with ten (10) business days prior written notice thereof. In the event that, prior to the end of such ten (10) business day period, Landlord completes such restoration, Tenant's termination notice shall be deemed rescinded, and this Lease shall continue in full force and effect as though such notice had not been given. In the event of termination of this Lease pursuant to this Article Eightparagraph, Rent shall be prorated on a per diem basis and paid to the date of the casualty, unless except to the extent that the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease terminationtermination with respect to such tenantable portion of the Leased Premises. If the Leased Premises are untenantable and this Lease is not terminatedterminated by Landlord, Rent shall abatx xx abate on a per diem basis from the date of datx xx the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable or used by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abatx xx abate or be diminished during the term of this xx xhis Lease.
Appears in 1 contract
CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, Landlord may, by notice to Tenant within 45 days after the damage, terminate this Lease or if the Leased Premises or Building are damaged so that they cannot reasonably be restored within 120 days after the damage, Tenant may, by notice to Landlord within 45 60 days after the damage, terminate this Lease. In either case, Such termination shall become effective as of the date of such casualty. If at any time during the casualtylast six months of the term of this Lease, there is damage, which the Leased Premises are made partially untenantable, Landlord may at Landlord's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Tenant of Landlord's election to do so within 30 days after the date of occurrence of such damage. In the event that Tenant has an option to renew this Lease, and the time within which said option may be exercised has not yet expired, Tenant shall exercise such option, if it is to be exercised at all, no later than 20 days after the occurrence of said damage during the last six months of the term of this Lease. If Tenant duly exercises such option during said 20 day period, Landlord shall repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Tenant fails to exercise such option during said 20 day period, then Landlord may, at Landlord's option, terminate and cancel this Lease as of the expiration of said 20 day period by giving written notice to Tenant of Landlord's election to do so. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Premises to the condition they were specified in on the Lease Commencement Date, not including work letter described in SCHEDULE 6. Tenant waives the provisions of Section 1932 of the Civil Code of the State of California and any personal property other statute or law permitting Tenant to terminate this lease in the event of Tenant or alterations performed by Tenantcasualty to the Leased Premises. If the Landlord does not terminate this Lease as provided above, and Landlord fails within 120 180 days from the date of such casualty to restore the damaged common areas thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were specified in on the Lease Commencement Date, not including any personal property or alterations performed by Tenantwork letter described in SCHEDULE 6, Tenant may terminate this Lease as of the end of such 120 180 day period. In the event of termination of this Lease pursuant to this Article Eightarticle 8, Rent shall be prorated on a per diem basis and paid to the date of the casualty, unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination. If the Leased Premises are untenantable and this Lease is not terminated, Rent shall abatx xx xxxxx on a per diem basis from the date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abatx xx xxxxx or be diminished during the term of this Lease.
Appears in 1 contract
