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.
12.02 Restoration During Last Three Years Anything in Article 12.01 to the contrary notwithstanding, if within three (3) years of the expiration of the initial term, or at any time during renewal term (if any) of this Lease, the Premises shall be damaged or destroyed by fire or otherwise, and the estimated cost of restoration exceeds Twenty-five Thousand Dollars ($25,000.00), Landlord shall be under no obligation to repair and restore the Premises and at the election of Landlord by notice to Tenant the Lease shall terminate and Tenant shall not be entitled to any portion of the insurance proceeds, all of which shall become the pro...
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. 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 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. It is agreed that if the demised premises, or the building or buildings of which the demised premises are a part, or any portion thereof, or any improvements now or hereafter constructed thereon or added thereto, shall be damaged by fire or other casualty, so as to render same or any portion thereof; in the opinion of Landlord, untenantable, Landlord or Tenant shall have the right, at any time within ninety (90) days after said fire, to cancel and terminate this lease, by giving to the other party, within said ninety (90) day period written notice of its intention 50 to do. If this lease is so terminated, rent shall xxxxx from the time of such casualty. If the lease is not so terminated, the demised premises shall be restored, with reasonable dispatch, by and at the expense of Landlord, and the rent due hereunder shall be proportionately abated, according to the loss of use, until the demised premises are substantially restored.
DAMAGE BY FIRE. If the Premises shall be damaged by fire or other casualty during the Term hereof, Landlord agrees that it will restore the Premises in accordance with the standard unit specifications set forth on Exhibit “E” with reasonable dispatch, insofar as the proceeds from Landlord’s insurance permit and provided that Landlord’s mortgagee does not require insurance proceeds to be paid to it. All other repairs shall be conducted at the sole expense of Tenant. If the Premises are rendered untenantable in whole or in part as a result of damage, the Base 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 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 the Premises at the time such damage occurs, unless Tenant has duly exercised an option to renew pursuant to the terms hereof or any further options subsequently granted by Landlord in writing, Landlord may terminate this Lease as of the date of such damage by giving Tenant 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 Premises within fifteen (15) days after the notice of termination is given.
DAMAGE BY FIRE. 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. 13 ARTICLE 17 CONDEMNATION........................................................................ 14 ARTICLE 18
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.
DAMAGE BY FIRE. ETC. -------------------------------- Notwithstanding the provisions of Paragraph 22, Tenant shall have the right to terminate this Lease if such repairs cannot be made within one hundred eighty (180) days from the date of such damage if such damage occurs within the last six (6) months of the lease term. ADDENDUM #8 PARKING ------------------- Tenant shall have the non-exclusive use of no more than 4 on-site parking spaces per every 1,000 square feet of leased office space. ADDENDA TO LEASE VERY VISUAL SOFTWARE, INC. Page -3- ADDENDUM #9 SIGNAGE ------------------- Tenant shall be entitled to building standard signage located at the following locations: entrance to the suite, elevator floor directory and main lobby directory. ADDENDUM #10 BASIC OPERATING COSTS ---------------------------------- Notwithstanding the provisions of Paragraph 29 of the Lease Agreement, Tenant's Proportionate Share of Basic Operating Costs which are within Landlord's Control shall not increase by more than ten percent (10%) over the previous year's cost. Basic Operating costs which are not within Landlord's control include, but are not limited to, utilities, taxes and insurance. ADDENDUM #11 TERM AND POSSESSION -------------------------------- Notwithstanding the provisions of Paragraph 3(a) of the Lease Agreement, Landlord will use its best efforts to deliver to Tenant 6,871 rentable square feet located on the 4th floor of 000 Xxxxxxx'x Xxxxxx Xxxxxxxxx known as Suite #460 on or before June 15, 1993. Should Landlord be unable to deliver said space, 6,871 rentable square feet, on or before July 15, 1993, Landlord agrees to offer to Tenant one day free base rent and operating expenses for each day Tenant must occupy 2,177 square feet of rentable space on the third floor thereafter. If Landlord is unable to deliver said space, 6,871 rentable square feet, on or before September 30, 1993, Tenant shall have the right to terminate this Lease. LANDLORD: XXXXXXX-XXXXXXXXX #68, LTD. PARTNERSHIP A California Limited Partnership By: --------------------------------- Xxxxxx X. Xxxxxxxxx Its: General Partner Date: --------------------------------- TENANT: VERY VISUAL SOFTWARE, INC. A Delaware Corporation By: --------------------------------- Xxxxx Xxxxx Its: Chief Executive Officer By: --------------------------------- LEASE AMENDMENT ORIGINAL LEASE DATE: March 7, 1993 LEASE AMENDMENT DATE: May 25, 1993 LANDLORD: SAN MATEO OFFICE LIMITED A California Limited Partnership TENANT: VERY VISUAL ...
