DAMAGE BY FIRE. 12.01 – Restoration of Premises The parties hereto mutually agree that if the Premises are partially or totally destroyed or damaged by fire or other hazard, then Landlord shall repair and restore the Premises as soon as is reasonably practicable to substantially the same condition in which the Premises were before such damage; provided that if the insurance proceeds collected or collectible and available to Landlord to pay the cost of such repairs and restoration by Landlord as a consequence of such destruction or damage are less than the estimated cost of such repairs and restorations, Landlord shall not be obligated to commence or perform such repairs and restorations and this Lease upon notice by Landlord to Tenant shall at the option of Landlord terminate unless Tenant undertakes (in form and upon terms satisfactory to Landlord) to pay the difference between such estimated cost and such insurance proceeds. If, however, the Premises are completely destroyed or so damaged that Landlord cannot reasonably restore or rebuild in four (4) months to substantially the same condition to which the Premises were before such damage, then Landlord shall receive the insurance proceeds, this Lease may be terminated by Tenant serving notice upon Landlord following the expiration of such sixty (60) days, but in no event may Tenant terminate this Lease after such repairs have been commenced by Landlord. In the event the Premises are completely or partially destroyed or so damaged by fire or other hazard that they cannot be reasonably used by Tenant or can only be partially used by Tenant, and this Lease is not terminated as above provided, there shall be no abatement of rent, it being understood and agreed that Tenant shall at its discretion, cost and expense procure necessary insurance to protect itself against any interruption of its business.
DAMAGE BY FIRE. In the event of loss of, or damage to, the Premises or the Building or the Garage by fire or other casualty, the rights and obligations of the parties hereto shall be as follows:
DAMAGE BY FIRE. In case the apartment is damaged by fire or other causes so that you cannot continue to occupy it, this lease will end and you will vacate the apartment within ten days from the date of damage.. If the apartment or common areas are damaged by fire or other causes brought about by you or your guest(s) actions or negligence, you will be held financially responsible for all costs and repairs.
DAMAGE BY FIRE. In case the home is damaged by fire or other causes through no fault of yours so that you cannot continue to occupy it, this lease will end and you will vacate the home within ten days from the date of damage and your rent will be apportioned to the date the damage occurred. If, however, you continue to occupy the home for more than ten days after the damage occurred, you will continue to pay the full rent. If the home or community property damaged by fire or other causes brought about by you or your guest(s) actions or negligence, you will be held financially responsible for all costs and repairs.
DAMAGE BY FIRE. 46. The landlord is responsible for returning to the tenancy any portion of rent paid for any period that the premises is rendered uninhabitable by fire or other risk against which the landlord has effected insurance.
DAMAGE BY FIRE. In the event that the leased premises are damaged or -------------- destroyed by fire to the extent of fifty (50) percent or more of the Premises, the Tenant shall have the option of terminating this lease. If all or a portion of the Premises are made unusable by reason of damage by fire or other casualty, the rent shall equitably abated for any period said Premises are not usable. In case of destruction or injury to the demised premises, the Owner shall restore said demised premises reasonably to the same condition as originally leased, and during such restoration period, the rental shall be prorated and returned to the Tenant proportionate to available use; provided however, if the destruction or injury shall exceed fifty (50) percent of the replacement cost, the Owner and/or Tenant shall have the option of terminating this Agreement, and the rental shall be prorated and returned to the Tenant as of the date of destruction. In the event that a mutually selected contractor estimates the period of restoration will exceed 120 days, the Tenant shall have the right to terminate this Lease. In the event the estimated period of restoration is less than 120 days, but the actual period of restoration exceeds 120 days, this Lease shall not terminate, but rent shall continue to be prorated as provided herein. In the event said Premises shall be taken under eminent domain proceedings in whole or to the extent that they are not functional for the Tenant, then this Agreement shall be terminated, and the rental shall be prorated and returned to the Tenant as of the date of such taking.
DAMAGE BY FIRE. If the Leased Premises shall be damaged by fire or other casualty during the term hereof, Landlord agrees that it will restore said premises with reasonable dispatch to subsequently the same condition they were in prior to such damage, insofar as the proceeds from Landlord's insurance permit. If the Leased Premises are rendered untenantable in whole or in part as a result of such damage, the rent payable hereunder shall be equitably and proportionately abated (according to loss of use) during the period intervening between the date of such damage and the date the Leased Premises are restored; provided, however, that if such damage occurs during the last two (2) years of the term and exceeds fifty percent (50%) of the insurable value of said premises at the time such damage occurs, either Landlord or Tenant may terminate this Lease as of the date of such damage by giving the other written notice of its intention to do so, within thirty (30) days after such damage occurs. If this Lease is so terminated, then rent payable hereunder shall be abated as of the date of such damage, and Tenant shall remove all of its property from the Leased Premises within thirty (30) days after the notice of termination was given.
DAMAGE BY FIRE. 13 ARTICLE 17 CONDEMNATION........................................................................ 14 ARTICLE 18
DAMAGE BY FIRE. 17.01 If the Subleased Premises shall be damaged by fire or other cause under circumstances in which Master Landlord is required to make repairs pursuant to the Master Lease, the sole obligation of Sublandlord shall be to use reasonable efforts (without cost to Sublandlord) to cause the obligations of the Master Lease to be fulfilled by Master Landlord in accordance with the terms of the Master Lease. If Sublandlord shall, pursuant to the Master Lease, receive an abatement of Fixed Rent and/or Additional Rent with respect to the Subleased Premises for such damage or destruction, then there shall be a corresponding pro-rata abatement of the Fixed Rent and/or Additional Rent payable under this Sublease by Subtenant for the period abated under the Master Lease. No damages, compensation or claims shall be payable by Sublandlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Subleased Premises or of the Building.
DAMAGE BY FIRE. 18.01 If the Subleased Premises are damaged by fire or other cause under circumstances in which Landlord is required to make repairs pursuant to Article 9 of the Underlying Lease, the sole obligation of Sublandlord shall be to use commercially reasonable efforts to cause the obligations of the Underlying Lease to be fulfilled by Landlord in accordance with the terms of the Underlying Lease. No damages, compensation or claims shall be payable by Sublandlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Subleased Premises or of the Building. Subtenant shall be entitled to an abatement of the Fixed Rent and additional rent payable hereunder solely to the extent that Sublandlord is entitled to and does in fact receive such an abatement under the Underlying Lease. At Subtenant’s request and in the event Subtenant desires to remain in the Subleased Premises following a casualty event, Sublandlord shall not exercise any right to cancel the Lease in connection with a casualty. Subtenant shall be entitled to cancel this Sublease in the event that Sublandlord has a right to cancel the Lease with respect to the Subleased Premises whether or not Sublandlord so elects to cancel.
