Common use of Casualty to Premises Clause in Contracts

Casualty to Premises. If the Premises are damaged by fire or other casualty, but are not rendered untenable for Tenant's business, either in whole or in part, Landlord shall cause such damage to be repaired without unreasonable delay and neither the Base Rent, as adjusted, nor any Additional Rent shall be abated or reduced. If, by reason of such casualty, the Premises are rendered untenable, either in whole or in part, as determined by Landlord for the Permitted Use, Landlord shall cause the damage to the Premises to be repaired or replaced without unreasonable delay, and, in the interim, the Base Rent, as adjusted, and any Additional Rent shall be proportionately reduced in the same ratio as the portion of the Premises which are rendered untenable. Any such abatement of rent shall not, however, create an extension of the Term; provided, however, if, by reason of such casualty, the Premises are rendered untenable in some material portion as determined by Landlord acting in good faith and the amount of time required to repair the damage using due diligence is in excess of one hundred twenty (120) days, then either party shall have the right to terminate this Lease by giving written notice of termination within thirty (30) days after the date of casualty, and the Base Rent, as adjusted, and all Additional Rent shall abate as of the date of such casualty in proportion to the portion xx xxe Premises rendered untenable. Except as provided in this section, there shall be no obligation of Landlord to rebuild or repair in case of fire or other casualty and no termination under this section shall affect any rights of Landlord or Tenant hereunder because of prior default of the other party. Tenant shall give Landlord immediate notice of any fire or other casualty occurring in the Premises.

Casualty to Premises. If (a) If, during the term hereof, the Premises are -------------------- shall be destroyed or so damaged by fire or other casualtycasualty as to be unfit, but are not rendered untenable for Tenant's business, either in whole or in part, Landlord shall cause for occupancy and such destruction or damage to can reasonably be repaired without unreasonable delay to substantially the same form and neither condition and with substantially the Base Rentsame materials as before such destruction or damage, as adjustedwithin nine (9) months following the date thereof, nor any Additional Rent then Tenant shall not be abated or reduced. If, by reason entitled to surrender possession of such casualty, the Premises are rendered untenable, either in whole nor shall Tenant's liability to pay rent under this Lease Agreement cease without the mutual consent of the parties hereto. In the event of any such destruction or in part, as determined by Landlord for the Permitted Useinjury, Landlord shall cause repair the same with all reasonable speed and shall complete such repairs within nine (9) months from the date of such damage or destruction. If during such period Tenant shall be deprived of the use of all or any portion of the Premises, a proportionate allowance shall be made to Tenant from the Rental corresponding to the Premises time during which and to be repaired or replaced without unreasonable delay, and, in the interim, the Base Rent, as adjusted, and any Additional Rent shall be proportionately reduced in the same ratio as the portion of the Premises of which are rendered untenable. Any Tenant shall be so deprived. (b) If such abatement of rent shall not, however, create an extension of destruction or injury cannot reasonably be repaired to such former condition within nine (9) months from the Term; provided, however, if, by reason date of such casualtydestruction or damage, Landlord shall notify Tenant within sixty (60) days after the Premises are rendered untenable in some material portion as determined by happening of such destruction or damage whether or not Landlord acting in good faith and the amount of time required will repair or rebuild. If Landlord shall elect to repair or rebuild, Landlord shall specify the damage using due diligence is in excess of one hundred twenty (120) daystime within which such repairs or reconstruction will be completed, then either party and Tenant shall have the right to terminate this Lease by giving written notice of termination option, exercisable within thirty (30) days after the date receipt of casualtysuch notice, to elect either to terminate this Lease Agreement and any further liability hereunder or to extend the term of the Lease Agreement (at the rental in effect immediately preceding expiration of the normal term hereof) by a period of time equivalent to the time from the happening of such destruction or injury until the Premises are restored to such former condition. In the event Tenant elects to extend the term of the Lease Agreement, Landlord shall restore the Premises to such former condition within the time specified in such notice, and Tenant shall not be liable to pay Rental for the Base Rentperiod from the time of such destruction or injury until the Premises are so restored to such former condition. (c) In the event that Landlord does not elect to repair or rebuild the Premises pursuant to paragraph (b) above, as adjustedthen Tenant may at its option: (i) terminate this Lease Agreement and any further liability hereunder; or (ii) continue this Lease Agreement with the Rental adjusted to reflect the diminution in the value of the Premises effected by such destruction or damage, and all Additional Rent shall abate effective as of the date of such casualty destruction or damage after such reconstruction. If Tenant determines to continue this Lease Agreement pursuant to this paragraph (c) then Tenant shall be entitled, at its cost and expense, to repair or rebuild, in proportion which event the purchase price for the Premises payable pursuant to the portion xx xxe Premises rendered untenableright of first refusal granted by Section 19 hereof and the option to purchase granted by Section 20 hereof, shall be adjusted to give Tenant appropriate credit for the value added by the repair or reconstruction performed by Tenant. Except Reconstruction shall be at least equal in quality to the original construction of the building and shall, to the extent practical, be wholly consistent in design and materials therewith. It shall be undertaken only in full compliance with law after all permits and approvals have been obtained. It shall be further undertaken only after plans and specifications therefor have been approved by Landlord, which approval shall not be unreasonably withheld or delayed. (d) In the event of any such destruction or damage, Tenant shall be entitled to reduction or abatement of Rental only as provided in this sectionSection 15; Tenant shall not be entitled to any reduction or abatement in Rental hereunder if any such damage or destruction is caused by an act or omission of Tenant, there its officers, agents, employees or invitees except to the extent that Landlord shall be insured against same and receive to the proceeds of such insurance. Landlord shall have no obligation of Landlord liability to rebuild or repair in case of fire or other casualty and no termination under this section shall affect any rights of Landlord or Tenant hereunder because of prior default of the other party. Tenant shall give Landlord immediate notice by reason of any fire injury to or other casualty occurring interference with Tenant's business or property arising from any such destruction or damage unless caused by an act or omission of Landlord. Landlord shall in no event be liable for any such injury or interference resulting from the Premisesmaking of any repairs to the Premises undertaken by Landlord in good faith.

Casualty to Premises. If (a) If, during the term hereof, the Premises are shall be destroyed or so damaged by fire or other casualtycasualty as to be unfit, but are not rendered untenable for Tenant's business, either in whole or in part, Landlord shall cause for occupancy and such destruction or damage to can reasonably be repaired without unreasonable delay to substantially the same form and neither condition and with substantially the Base Rentsame materials as before such destruction or damage, as adjustedwithin nine (9) months following the date thereof, nor any Additional Rent then Tenant shall not be abated or reduced. If, by reason entitled to surrender possession of such casualty, the Premises are rendered untenable, either in whole nor shall Tenant's liability to pay rent under this Lease Agreement cease without the mutual consent of the parties hereto. In the event of any such destruction or in part, as determined by Landlord for the Permitted Useinjury, Landlord shall cause repair the same with all reasonable speed and shall complete such repairs within nine (9) months from the date of such damage or destruction. If during such period Tenant shall be deprived of the use of all or any portion of the Premises, a proportionate allowance shall be made to Tenant from the Rental corresponding to the Premises time during which and to be repaired or replaced without unreasonable delay, and, in the interim, the Base Rent, as adjusted, and any Additional Rent shall be proportionately reduced in the same ratio as the portion of the Premises of which are rendered untenable. Any Tenant shall be so deprived. (b) If such abatement of rent shall not, however, create an extension of destruction or injury cannot reasonably be repaired to such former condition within nine (9) months from the Term; provided, however, if, by reason date of such casualtydestruction or damage, Landlord shall notify Tenant within sixty (60) days after the Premises are rendered untenable in some material portion as determined by happening of such destruction or damage whether or not Landlord acting in good faith and the amount of time required will repair or rebuild. If Landlord shall elect to repair or rebuild, Landlord shall specify the damage using due diligence is in excess of one hundred twenty (120) daystime within which such repairs or reconstruction will be completed, then either party and Tenant shall have the right to terminate this Lease by giving written notice of termination option, exercisable within thirty (30) days after the date receipt of casualtysuch notice, to elect either to terminate this Lease Agreement and any further liability hereunder or to extend the term of the Lease Agreement (at the rental in effect immediately preceding expiration of the normal term hereof) by a period of time equivalent to the time from the happening of such destruction or injury until the Premises are restored to such former condition. In the event Tenant elects to extend the term of the Lease Agreement, Landlord shall restore the Premises to such former condition within the time specified in such notice, and Tenant shall not be liable to pay Rental for the Base Rentperiod from the time of such destruction or injury until the Premises are so restored to such former condition. (c) In the event that Landlord does not elect to repair or rebuild the Premises pursuant to paragraph (b) above, as adjustedthen Tenant may at its option: (i) terminate this Lease Agreement and any further liability hereunder; or (ii) continue this Lease Agreement with the Rental adjusted to reflect the diminution in the value of the Premises effected by such destruction or damage, and all Additional Rent shall abate effective as of the date of such casualty in proportion destruction or damage after such reconstruction. (d) In the event of any such destruction or damage, Tenant shall be entitled to the portion xx xxe Premises rendered untenable. Except reduction or abatement of Rental only as provided in this sectionSection 14; Tenant shall not be entitled to any reduction or abatement in Rental hereunder if any such damage or destruction is caused by an act or omission of Tenant, there its officers, agents, employees or invitees except to the extent that Landlord shall be insured against same and receive the proceeds of such insurance. Landlord shall have no obligation of Landlord liability to rebuild or repair in case of fire or other casualty and no termination under this section shall affect any rights of Landlord or Tenant hereunder because of prior default of the other party. Tenant shall give Landlord immediate notice by reason of any fire injury to or other casualty occurring interference with Tenant's business or property arising from any such destruction or damage unless caused by an act or omission of Landlord. Landlord shall in no event be liable for any such injury or interference resulting from the Premisesmaking of any repairs to the Premises undertaken by Landlord in good faith.

Casualty to Premises. If (a) If, during the term hereof, the Premises are shall be destroyed or so damaged by fire or other casualtycasualty as to be unfit, but are not rendered untenable for Tenant's business, either in whole or in part, Landlord shall cause for occupancy and such destruction or damage to can reasonably be repaired without unreasonable delay to substantially the same form and neither condition and with substantially the Base Rentsame materials as before such destruction or damage, as adjustedwithin nine (9) months following the date thereof, nor any Additional Rent then Tenant shall not be abated or reduced. If, by reason entitled to surrender possession of such casualty, the Premises are rendered untenable, either in whole nor shall Tenant's liability to pay rent under this Extension of Lease Agreement cease without the mutual consent of the parties hereto. In the event of any such destruction or in part, as determined by Landlord for the Permitted Useinjury, Landlord shall cause repair the same with all reasonable speed and shall complete such repairs within nine (9) months from the date of such damage or destruction. If during such period Tenant shall be deprived of the use of all or any portion of the Premises, a proportionate allowance shall be made to Tenant from the Rental corresponding to the Premises time during which and to be repaired or replaced without unreasonable delay, and, in the interim, the Base Rent, as adjusted, and any Additional Rent shall be proportionately reduced in the same ratio as the portion of the Premises of which are rendered untenable. Any Tenant shall be so deprived. (b) If such abatement of rent shall not, however, create an extension of destruction or injury cannot reasonably be repaired to such former condition within nine (9) months from the Term; provided, however, if, by reason date of such casualtydestruction or damage, Landlord shall notify Tenant within sixty (60) days after the Premises are rendered untenable in some material portion as determined by happening of such destruction or damage whether or not Landlord acting in good faith and the amount of time required will repair or rebuild. If Landlord shall elect to repair or rebuild, Landlord shall specify the damage using due diligence is in excess of one hundred twenty (120) daystime within which such repairs or reconstruction will be completed, then either party and Tenant shall have the right to terminate this Lease by giving written notice of termination option, exercisable within thirty (30) days after the date receipt of casualtysuch notice, to elect either to terminate this Extension of Lease Agreement and any further liability hereunder or to extend the term of the Extension of Lease Agreement (at the rental in effect immediately preceding expiration of the normal term hereof) by a period of time equivalent to the time from the happening of such destruction or injury until the Premises are restored to such former condition. In the event Tenant elects to extend the term of the Extension of Lease Agreement, Landlord shall restore the Premises to such former condition within the time specified in such notice, and Tenant shall not be liable to pay Rental for the Base Rentperiod from the time of such destruction or injury until the Premises are so restored to such former condition. (c) In the event that Landlord does not elect to repair or rebuild the Premises pursuant to paragraph (b) above, as adjustedthen Tenant may at its option, terminate this Extension of Lease Agreement and all Additional Rent shall abate any further liability hereunder; or (ii) continue this Extension of Lease Agreement with the Rental adjusted to reflect the diminution in the value of the Premises effected by such destruction or damage, effective as of the date of such casualty destruction or damage after such reconstruction. If Tenant determines to continue this Extension of Lease Agreement pursuant to this paragraph (c) then Tenant shall be entitled, at its cost and expense, to repair or rebuild. Reconstruction shall be at least equal in proportion quality to the portion xx xxe Premises rendered untenableoriginal construction of the building and shall, to the extent practical, be wholly consistent in design and materials therewith. Except It shall be undertaken only in full compliance with law after all permits and approvals have been obtained. It shall be further undertaken only after plans and specifications therefor have been approved by Landlord, which approval shall not be unreasonably withheld or delayed. (d) In the event of any such destruction or damage, Tenant shall be entitled to reduction or abatement of Rental only as provided in this sectionSection 15; Tenant shall not be entitled to any reduction or abatement in Rental hereunder if any such damage or destruction is caused by an act or omission of Tenant, there its officers, agents, employees or invitees except to the extent that Landlord shall be insured against same and receive the proceeds of such insurance. Landlord shall have no obligation of Landlord liability to rebuild or repair in case of fire or other casualty and no termination under this section shall affect any rights of Landlord or Tenant hereunder because of prior default of the other party. Tenant shall give Landlord immediate notice by reason of any fire injury to or other casualty occurring interference with Tenant's business or property arising from any such destruction or damage unless caused by an act or omission of Landlord. Landlord shall in no event be liable for any such injury or interference resulting from the Premisesmaking of any repairs to the Premises undertaken by Landlord in good faith.