Common use of Complete Destruction Clause in Contracts

Complete Destruction. In the event the Premises are destroyed or rendered untenantable by fire, storm, earthquake, or other casualty not caused by the negligence or intentional acts of Lessee or any of Lessee’s agents, employees, representatives, guests, invitees, or customers, or if the same are taken by eminent domain, this Lease shall terminate from such time except for the purpose of enforcing rights hereunder that may have accrued to that date. The rental amount shall be prorated to the date of such destruction or untenantability or taking of the Premises, Lessee paying up to such date and Lessor refunding the rent collected beyond such date. Should only a part of the Premises be destroyed or rendered untenantable by fire, storm, earthquake, or other casualty not caused by the negligence or intentional acts of Lessee or any of Lessee’s agents, employees, representatives, guests, invitees, or customers, the rent shall xxxxx in the proportion which the damaged portion bears to the whole Premises provided that the business that Lessee has been conducting can reasonably still be conducted in the non-damaged part of the Premises. Lessor shall have no duty to repair any part of the premises which are destroyed or otherwise rendered untenantable. The costs of any repairs voluntarily made by Lessor shall be paid for by Lessor unless the damage was caused by the negligence of Lessee or Lessee’s agents, employees, representatives, guests, invitees, or customers, in which case said cost shall be paid by Xxxxxx.

Appears in 4 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Complete Destruction. In the event the Premises are destroyed or rendered untenantable by fire, storm, earthquake, or other casualty not caused by the negligence or intentional acts of Lessee or any of Lessee’s agents, employees, representatives, guests, invitees, or customers, or if the same are taken by eminent domain, this Lease shall terminate from such time except for the purpose of enforcing rights hereunder that may have accrued to that date. The rental amount shall be prorated to the date of such destruction or untenantability or taking of the Premises, Lessee paying up to such date and Lessor refunding the rent collected beyond such date. Should only a part of the Premises be destroyed or rendered untenantable by fire, storm, earthquake, or other casualty not caused by the negligence or intentional acts of Lessee or any of Lessee’s agents, employees, representatives, guests, invitees, or customers, the rent shall xxxxx in the proportion which the damaged portion bears to the whole Premises provided that the business that Lessee Xxxxxx has been conducting can reasonably still be conducted in the non-damaged part of the Premises. Lessor shall have no duty to repair any part of the premises which are destroyed or otherwise rendered untenantable. The costs of any repairs voluntarily made by Lessor shall be paid for by Lessor unless the damage was caused by the negligence of Lessee or Lessee’s agents, employees, representatives, guests, invitees, or customers, in which case said cost shall be paid by Xxxxxx.

Appears in 1 contract

Samples: Lease Agreement

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