DAMAGE BY CASUALTY Clause Samples

DAMAGE BY CASUALTY. If, during the Initial Term or any Renewal Term(s) or this Lease and in the sole judgment of Lessor, the Premises suffer damage by fire, explosion, or any other casualty (a) to the extent that the Premises cannot reasonably be repaired within 180 days after date of such damage; or, (b) to the extent the Premises cannot be economically repaired, then this Lease shall, at the option of Lessor, terminate as to that portion of the Premises so damaged without penalty to Lessor as of the date of such damage and the Rent allocated to that portion of the Premises so damaged shall cease as of the date of such damage, and Lessee shall forthwith surrender that portion of the damaged Premises to Lessor; provided, however, that this Lease shall continue in full force and effect as to the remainder of the Premises. If this Lease is not so terminated, then Lessee shall repair the Premises as soon as reasonably practicable, and Lessor shall assign any insurance proceeds to Lessee for the purpose of paying for such repairs, and in such event Tenant shall not be obligated to pay any rent for the period from the date the Premises are rendered untenantable until the Premises are again fit and ready for Tenant's use and occupancy. Rent shall ▇▇▇▇▇ on a per diem basis. If the Premises are rendered partially untenantable, rent shall be equitably abated for the period from the date the Premises are rendered untenantable until the Premises are again fit and ready for Tenant's use and occupancy. It is further agreed that the period for reconstruction shall be extended for such time during which strikes, riots, civil commotion, governmental intervention, acts of God, or any other contingency beyond Lessee's control shall delay the construction. In case of such damage, whether this Lease is thereby terminated or not, Lessor shall not do anything to hinder or delay Lessee's work or repair, and will cooperate with Lessee in the performance of such repair or work. Lessor shall not be liable to Lessee for any business interruption, loss, liability, property damage, personal injury or inconvenience to Lessee, or Lessee's employees, agents or contractors by making repairs to any part of the Premises, or for any restoration to the Premises made by Lessee. Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises requires that any or all of the insurance proceeds be applied to such indebtedness, t...

DAMAGE BY CASUALTY. If the Premises are damaged by fire or other casualty to a degree which renders them untenantable, Tenant may terminate this Agreement or vacate the Premises and rent shall ▇▇▇▇▇ until the Premises are restored to a condition comparable to its condition prior to the casualty. Landlord shall have the option to repair the Premises, and if repairs are not made, this Agreement shall terminate. If the Premises are damaged to a degree which does not render them untenantable, Landlord shall repair the damages as soon as reasonably possible.

DAMAGE BY CASUALTY. If, during the Term or previous thereto, the Premises or the building of which said Premises are a part shall be destroyed or so damaged by fire or other casualty as to become untenantability, then in such event, at the option of Landlord, this Lease shall terminate from the date of such damage or destruction. Landlord shall exercise this option to so terminate this Lease by notice in writing delivered to Tenant within thirty (30) days after such damage or destruction. Upon such notice, ▇▇▇▇▇▇ shall immediately surrender said Premises and all interest therein to Landlord and Tenant shall pay rent only to the time of such damage or destruction. If Landlord does not elect to terminate this Lease, this Lease shall continue in full force and effect, and Landlord shall expeditiously repair the Premises, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, may enter said Premises. In that event rent shall ▇▇▇▇▇ in proportion to the extent and duration of untenantablility. In either event, Tenant shall remove all rubbish, debris, merchandise, furniture, equipment and its other personal property within five days after the request by Landlord.

DAMAGE BY CASUALTY. If the Premises, the Common Areas or the Building are damaged by fire or other casualty (including, without limitation, flooding), and this Lease is not terminated as result of such fire or casualty, Landlord, subject to the right of Landlord to terminate the Lease as set forth herein, shall forthwith repair the same, to the condition existing immediately prior to such fire or other casualty. In such event, this Lease shall remain in full force and effect except that Tenant shall be entitled to an equitable reduction of Rent and Additional Charges while such repairs to be made hereunder by Landlord are being made. Such equitable reduction shall be based upon the extent to which such damage and the making of such repairs by Landlord shall materially interfere with the business carried on by Tenant in the Premises. Within thirty (30) days after the date of such damage, Landlord shall notify Tenant of Landlord’s estimate of how long it will take to substantially complete such repairs. If such repairs cannot be substantially completed within one hundred eighty (180) days of such damage, either party shall then have the option to terminate this Lease by giving written notice of such termination to the other party within twenty (20) days after Tenant’s receipt of such notice from Landlord. If damage occurs in the last year of the Term and such repairs cannot be substantially completed within thirty (30) days of such damage, either party shall then have the option to terminate this Lease by giving written notice of such termination to the other party within twenty (20) days after Tenant’s receipt of such notice from Landlord. In addition, if Landlord fails to fully restore the Premises, the Common Areas and the Building within one hundred eighty (180) days after the same are damaged by fire or other casualty, then Tenant may terminate this Lease by giving written notice to Landlord at any time prior to completion of such restoration.

DAMAGE BY CASUALTY. If a substantial part of the Premises is so damaged by fire or other casualty that the Premises are totally untenantable, LESSOR may at its sole option terminate this Lease. If the Lease is so cancelled, rent shall be paid only to the date of cancellation and LESSEE shall promptly surrender the Premises to LESSOR. 18.1. If LESSOR does not elect to terminate this Lease in case of total untenantability, this Lease shall continue in full force and effect and LESSOR shall restore the Premises to at least their previous condition within a reasonable time. For that purpose, LESSOR and its agents and contractors may enter the Premises. Rent shall ▇▇▇▇▇ during the period of untenantability. 18.2. If the Premises are so damaged by fire or other casualty that tenantability is only partially disturbed, LESSOR shall restore the same to at least their previous condition within a reasonable time. For that purpose, LESSOR and its agents may enter the Premises, and rent shall ▇▇▇▇▇ in proportion and in duration equal to the partial untenantability of the Premises. No claims shall be made by or allowed to LESSEE by reason of any inconvenience or annoyance arising from the repair work. 18.3. In the event the Premises suffer any casualty damage, LESSEE shall within ten (10) days remove any debris or rubbish, remove its personal property from the damaged Premises, and clean the damaged Premises to facilitate repair or restoring operations.

DAMAGE BY CASUALTY. Should a substantial portion of the Leased Property, or of the Property, be substantially damaged by fire or other casualty, Landlord may elect to terminate this Lease. When such fire or casualty renders the Leased Property substantially unsuitable for its intended use, a just and proportionate abatement of rent shall be made. Further, within thirty (30) days after such fire or other casualty, Landlord shall give written notice to Tenant with respect to whether or not Landlord will restore the Leased Property. Tenant may elect to terminate this Lease if either (a) Landlord notifies Tenant that Landlord has elected not to restore the Leased Property, or (b) Landlord elects to restore but fails to restore the Leased Property to a condition substantially suitable for its intended use within one hundred eighty (180) days after such fire or casualty. However, Tenant's failure to give such notice of termination within five (5) days after the date on which the right to terminate ripens under either (a) or (b) above shall constitute a waiver of such right by Tenant. Landlord will seek to have the first mortgagee of the Leased Property, if any, provide for application of hazard insurance loss proceeds to the repair or reconstruction of the Leased Property upon any hazard loss. Subject to the mortgagee (if any) of the Leased Property making the hazard loss insurance proceeds available for such restoration and to Landlord's receipt of such proceeds for that purpose, if Landlord elects to repair, reconstruct, or cause to be repaired or reconstructed, such damage or destruction, Landlord shall not be required to expend, in connection with such repair or reconstruction, any amount exceeding the amount of casualty insurance proceeds actually received by Landlord. Notwithstanding the foregoing, in the event such mortgagee shall not make the insurance loss proceeds available for repair or restoration, Landlord shall not be required to repair or reconstruct the Leased Property and shall notify Tenant within thirty (30) days next following such hazard loss, of its election in this respect and thereupon, Tenant shall have the termination rights described above in this Section.

DAMAGE BY CASUALTY. If the premises are damaged by fire or other casualty to a degree which renders them untenantable, Tenant may terminate the lease or vacate the premises and rent shall ▇▇▇▇▇ until the premises are restored to a condition comparable to their prior condition. Landlord shall have the option to repair the premises and if repairs are not made this lease shall terminate. If the premises are damaged to a degree which does not render them untenantable Landlord shall repair them as soon as reasonably possible.

DAMAGE BY CASUALTY. If, during the Term or previous thereto, the premises shall be destroyed or so damaged by fire or other casualty as to become tenantable, then in such event, at the mutual agreement of Landlord and tenant, this Lease shall terminate from the date of such damage or destruction. Landlord shall exercise this option to so terminate this Lease by notice in writing delivered to Tenant within thirty (30) days after such damage or destruction. Upon such notice, Tenant shall immediately surrender said Premises and all interest therein to Landlord. If both parties do not elect to terminate this Lease, this Lease shall continue in full force and effect, and Landlord shall expeditiously repair the Premises, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, may enter said Premises. In that event rent shall ▇▇▇▇▇ in proportion to the extent and duration of untenantablility. In either event, Tenant shall remove all rubbish, debris, merchandise, furniture, equipment and its other personal property within five days after the request by Landlord. If the Premises shall be slightly damaged by fire or other casualty, so as not to render the same untenantable, then Landlord shall expeditiously repair the same and in that case the rent shall still ▇▇▇▇▇. Except for rent abatement as herein provided, no compensation or claim shall be made by or allowed to Tenant by reason of any inconvenience or loss of business arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in ▇▇▇▇▇▇▇ within one week of damage, at which point tenant may terminate this lease completely and ▇▇▇ for lost business at its sole distraction.

DAMAGE BY CASUALTY. In the event of a fire or other casualty in the Leased Premises, Tenant shall give prompt notice thereof to Landlord. If the Leased Premises shall be partially destroyed by fire or other casualty so as to render the Leased Premises partially or wholly untenantable, the Rent shall be abated on the basis of leasable square footage remaining and occupied thereafter, until such time as the Leased Premises are made fully fit for use by Tenant; provided, however, that if gross negligence or willful misconduct of Tenant, or its agents, employees or invitees shall have contributed to the cause of such fire or other casualty, the Rental shall not be abated during the period of restoration of the Leased Premises.