CESSER OF RENT. (A) If the whole or any part of the Building or its essential accesses or services are damaged or destroyed by any of the insured risks so as to render the demised premises unfit for occupation and use and the insurance effected by the Landlord is not vitiated, avoided or forfeited or the payment of the insurance proceeds or of any part of them refused or withheld by reason of any act or default of the Tenant or any person deriving title under the Tenant or their respective agents, servants or licensees then the rents reserved by this Lease or a fair proportion of them according to the nature and extent of the damage sustained will be suspended until the demised premises are again rendered fit for occupation and use or until the expiration of such period in respect of which loss of rent insurance may have been effected whichever is the earlier.
(B) Any dispute arising under sub-paragraph (A) is to be determined by a single arbitrator in accordance with Arbitration Xxx 0000.
CESSER OF RENT. If the Demised Premises are destroyed or damaged by any Insured Risk so as to be unfit for occupation and use and the insurance effected by the Landlord has not been vitiated or payment of the policy moneys refused in whole or in part because of any act or default of or suffered by the Tenant, then the rents first and third reserved, or a fair proportion of those rents according to the nature and extent of the damage, shall cease to be payable until the Demised Premises shall again be fit for occupation and use or until the expiration of three years from the date the destruction or damage occurred (whichever period shall be the shorter).
CESSER OF RENT. In case the Demised Premises or any part thereof shall at any time during the Term be destroyed or damaged by the Insured Risks so that the Demised Premises or part thereof are unfit for occupation and use and the policy or policies of insurance shall not have been vitiated or payment of the policy monies refused in whole or in part in consequence of some act or default of the Tenant or the Tenant’s servants or agents or anyone in the control of the Tenant the rent first and thirdly hereinbefore reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the Demised Premises or the relevant part thereof shall be again rendered fit for occupation and use or until the expiration of three years from the date of the damage or destruction whichever shall be the earlier and any dispute regarding the said cesser of rent shall be referred to the award of a single Arbitrator to be appointed in default of agreement upon the application of either party by the President for the time being of the Royal Institution of Chartered Surveyors in accordance with the provisions of the Arbitration Act 1950 or any statutory modification thereof for the time being in force PROVIDED AL WAYS that under no circumstances shall the amount of rent which ceases to be payable hereunder exceed the amount received by the Landlord in respect of loss of rent under the Policy referred to in Clause 4(2) hereof Provided that the Landlord has complied with its obligations as to insurance hereunder
CESSER OF RENT. 5.1 If the Premises, the remainder of the Building or any part thereof (as the case may be) is damaged by any of the Insured Risks so as to render the Premises unfit for occupation and use and/or inaccessible and the insurance effected by the Landlord is not vitiated, avoided or forfeited or the payment of the insurance proceeds or of any part of them refused or withheld by reason of any default of the Tenant then the Reduced Rent or the Principal Yearly Rent (as applicable) or a fair proportion of them according to the nature and extent of the damage sustained will be suspended until the Premises (excluding fitting out works and replacement of contents, fixtures and fittings) are again fit for occupation and use and accessible or, if earlier, until the expiration of such period in respect of which loss of rent insurance may have been effected.
CESSER OF RENT. If the demised premises or any part thereof or the access thereto shall at any time during the said term be rendered unfit for occupation or use as the result of a peril against which the demised premises is insured pursuant to the covenant on the part of the Landlord hereinbefore contained the rent firstly and secondly reserved and for the time being reserved as payable hereunder or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the demised premises shall again be rendered fit for occupation or use or until the expiration of the period for which loss of rent insurance (if any) is payable whichever shall first occur provided that there shall be no cesser of rent to the extent that any insurance policy effected by the Landlord shall have been rendered void or voidable in whole or in part by the act or default of the Tenant or any person deriving title under the Tenant or any of the servants or agents of the Tenant or of any such person provided further that if the Building shall be so damaged as to necessitate demolition or reconstruction and if at the expiration of two years and nine months after the date of such damage or destruction the Landlord has not commenced such rebuilding or reconstruction the Landlord or the Tenant shall be entitled on giving to the other not less than three months' previous notice in writing to determine the term hereby granted and at the expiration of such notice this Lease and everything herein contained shall cease and be void (save in respect of any liability for antecedent breach or breaches although further provided that the Tenant shall have no liability for dilapidations in such circumstances) and the Tenant shall not be entitled to any compensation except that (if any) payable under the <PAGE> provisions of the Landlord and Xxxxxx Xxx 0000 provided also that any dispute as to the proportion (if any) of rent which should be suspended or as to the period of such suspension which may arise under this sub-clause shall be referred to the decision of some competent person (acting as an arbitrator) to be agreed upon by the Landlord and by the Tenant or (in the event of failure so to agree) to be nominated on the application of the Landlord or the Tenant by the President for the time being of the Royal Institution of Chartered Surveyors.
CESSER OF RENT. If the Building and/or the Demised Premises or any part thereof or the means of access thereto are destroyed or damaged by any of the Insured Risks so far as to render the Demised Premises or any part thereof or access to them unfit for occupation and use then and so often as it happens (if at the date thereof the payment of any of the insurance monies has not been withheld or refused by reason of any act or default of the Tenant any person deriving title under the Tenant or their respective servants agents or licensees) the rent reserved under clause 2.1 or a fair and just proportion thereof according to the nature and extent of the damage shall be suspended for so long as the Demised Premises or the access to them or the destroyed or damaged part thereof remain unfit for occupation and use by reason of such destruction or damage or for three years whichever shall be the shorter and if any dispute arises between the Landlord and the Tenant in regard to the amount or the period of the suspension of the said rent or otherwise in relation thereto it shall be referred to arbitration under the provisions of the Arbitration Axx 0000.
CESSER OF RENT. If the Building and/or the Demised Premises or any part thereof or the means of access thereto are destroyed or damaged by any of the Insured Risks so far as to render the Demised Premises or any part thereof or access to them unfit for occupation and use then and so often as it happens (if at the date thereof the payment of any of the insurance monies has not been withheld or refused by reason of any act or default of the Tenant any person deriving title under the Tenant or their respective servants agents or licensees) the rent reserved under clause 2.1 and clause 2.2 and the service charge or a fair and just proportion thereof according to the nature and extent of the damage shall be suspended for so long as the Demised Premises or the access to them or the destroyed or damaged part thereof remain unfit for occupation and use by reason of such destruction or damage or for three years whichever shall be the shorter and if any dispute arises between the Landlord and the Tenant in regard to the amount or the period of the suspension of the said rent or otherwise in relation thereto it shall be referred to arbitration under the provisions of the Arbitration Axx 0000.
CESSER OF RENT. If the Community Centre or any part thereof shall be destroyed or so damaged by fire or any other risk insured against by the Landlord so as to be unfit for occupation or use then unless the insurance of the Community Centre shall have been vitiated by the act neglect default or omission of the Tenant the rent hereby reserved or such fair and just proportion thereof according to the nature and extent of the damage sustained as shall be determined by the Landlord's Surveyor whose decision shall be final and binding shall be suspended and cease to be payable until the Community Centre or damaged portion thereof shall have been reinstated or made fit for occupation or until the expiration of the period for which the Landlord has insured against loss of rent whichever is the shorter PROVIDED THAT if the Community Centre are not so reinstated or made fit for occupation as aforesaid by the expiration of the period for which the Landlord has insured against loss of rent then the Tenant shall at any time thereafter be entitled to serve on the Landlord not less than twenty- eight days notice of determination of this Lease in which event and upon the expiration of the period mentioned in the said notice this Lease shall absolutely determine but without prejudice to the rights of either party against the other in respect of any antecedent breach of covenant PROVIDED FURTHER that in the event of the service of such notice as aforesaid the Tenant shall (but for the period of the notice only not exceeding twenty-eight days) not be under any obligation to pay the rent due under this Lease
CESSER OF RENT. If the Property or any part of it or the means of access to it within the Building is destroyed or damaged by any of the Insured Risks so as to render the Property unfit for occupation or use or inaccessible the rent referred to in Clause 4.1, and to the extent that the Landlord insures against the loss of the same, the Building Service Charge and the Estate Service Charge or a fair proportion of them according to the nature and extent of the damage sustained will be suspended until the Property has been reinstated and made fit for occupation and use and accessible or until the end of the period for which the Landlord has insured against loss of rent, whichever first occurs. Any dispute as to the amount of the proportion must be referred to arbitration. This sub-clause does not apply if and to the extent that the insurance monies in respect of loss of rent are wholly or partially irrecoverable solely or partly because of the act, default or omission of the Tenant or any person deriving title under the Tenant or any person at the Property with the express or implied authority of any of them.
CESSER OF RENT. If the Property or any part of it or the means of access to it within the Building is destroyed or damaged by Uninsured Terrorism so as to be unfit for occupation or use or inaccessible, the rent referred to in Clause 4.1 and the Building Service Charge and the Estate Service Charge or a fair proportion of them according to the nature and extent of the damage sustained will be suspended at the end of the Initial Period.
