Damage and abatement Clause Samples
Damage and abatement. The Group Company:
(a) has not purported to:
(i) terminate the Property Lease; or
(ii) claim a right to an abatement of rent and other money under the Property Lease, on the basis of resumption, damage or destruction to the Leased Premises; and Schedule 4 | page | 72
(b) is not aware of any damage or destruction of the Leased Premises which would give either the Group Company or the Lessor a right to terminate the Property Lease.
Damage and abatement. If during the Term the Building or the Premises are destroyed by any cause whatsoever or partially destroyed by any cause so as to render the Premises wholly unfit for operating, or incapable of access, or if the Building or the Premises shall be so badly damaged that, in the opinion of the Landlord, repairs cannot be completed within one hundred and twenty (120) days of the occurrence of such damage, then this Lease, at the option of the Landlord, shall cease and become null and void from the date of such damage or destruction and the Tenant shall thereupon immediately surrender the Premises and all interest therein to the Landlord, and the Tenant shall pay rent within this Term only to the date of such damage and destruction and in any such case, the Landlord may re-enter and repossess the Premises discharged from this Lease and may remove all parties therefrom. If the Building or the Premises shall be repairable as aforesaid within one hundred and twenty (120) days from the happening of said damage, and, in the sole, commercially reasonable opinion of the Landlord’s architect, the Premises cannot be used for the Tenant’s business until repaired, the rent shall ▇▇▇▇▇ until the repairs have been completed. If the destruction is such that, in the sole, commercially reasonable opinion of the Landlord’s architect, the Premises may be partially used by the Tenant while the repairs are being undertaken, then the rent shall ▇▇▇▇▇ in proportion that the part of the Premises rendered unusable bears to the whole of the Premises; EXCEPT THAT if the part rendered unusable exceeds one-half of the area of the Premises there shall be a total abatement of rent until the repairs have been made unless the Tenant with the permission of the Landlord uses the undamaged part in which event the Tenant shall pay proportionate rent for the part so used. The Landlord’s decision, Landlord acting in a commercially reasonable manner, that the repairs are completed and the Premises are ready for operating shall be conclusive. There shall be no abatement of rent if the damage shall have been caused by or due to negligence of the Tenant, its employees, agents or invitees or if the cause of the damage originates in the Premises unless such damage shall be caused by or due to the negligence of the Landlord, its employees, agents or invitees.