Common use of DAMAGE BY FIRE, ETC Clause in Contracts

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s reasonable estimation such damage can be materially restored within ninety (90) days, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five (45) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s reasonable estimation of the length of time within which material restoration can be made, and Landlord’s determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “materially restored” if they are in such condition as would not prevent or materially interfere with Tenant’s use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s 's reasonable estimation such damage can be materially restored within ninety (90) days, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five (45) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s 's reasonable estimation of the length of time within which material restoration can be made, and Landlord’s 's determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “"materially restored” " if they are in such condition as would not prevent or materially interfere with Tenant’s 's use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 21.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s 's reasonable estimation such damage can be materially restored within ninety one hundred eighty (90180) days, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five (45) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s 's reasonable estimation of the length of time within which material restoration can be made, and Landlord’s 's determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “"materially restored” " if they are in such condition as would not prevent or materially interfere with Tenant’s 's use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 22. l In the event the Premises or the Building Shopping Center are damaged by fire or other cause and in Landlord’s 's reasonable estimation such damage can be materially restored within ninety (90) days, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such • abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making maldng of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five (45) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s 's reasonable estimation of the length of time within which material mate1ial restoration can be made, and Landlord’s 's determination shall be binding on Tenant. For purposes of this Lease, the Building Shopping Center or Premises shall be deemed “":materially restored” " if they are in such condition as would not prevent or materially interfere with Tenant’s 's use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s 's reasonable estimation such damage can be materially restored within ninety (90) 180 days, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five thirty (4530) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s 's reasonable estimation of the length of time within which material restoration can be made, and Landlord’s determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “"materially restored” " if they are in such condition as would not prevent or materially interfere with Tenant’s 's use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s 's reasonable estimation such damage can be materially restored within ninety one hundred twenty (90120) daysdays of the casualty, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five sixty (4560) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s Landlords's reasonable estimation of the length of time within which material restoration can be made, and Landlord’s 's determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “"materially restored” " if they are in such condition as would not prevent or materially interfere with Tenant’s allow Tenant to use of the Premises for the purpose for which it was being used immediately before such damage. Rent abatement will also apply during the period when the Tenant is performing its restoration work to the Premises, not to exceed ninety (90) days.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s reasonable estimation such damage can be materially restored within ninety one hundred twenty (90120) daysdays of the casualty, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five sixty (4560) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s reasonable and good faith estimation of the length of time within which material restoration can be made, and Landlord’s determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “materially restored” if they are in such condition as would not prevent or materially interfere with Tenant’s allow Tenant to use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s 's reasonable estimation such damage can be materially restored within ninety two hundred fifth (90250) days, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five (45) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s 's reasonable estimation of the length of time within which material restoration can be made, and Landlord’s 's determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “"materially restored” " if they are in such condition as would not prevent or materially interfere with Tenant’s 's use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and cause, Landlord shall notify Tenant in writing within thirty (30) days after the occurrence of such casualty whether, in Landlord’s 's reasonable estimation estimation, such damage can be materially restored within ninety one hundred eighty (90180) daysday from the receipt of insurance proceeds. If Landlord determines that such damages can be repaired within such 180 day period, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent Annual Rent and Additional Rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five (45) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s reasonable estimation of the length of time within which material restoration can be made, and Landlord’s determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “"materially restored” " if they are in such condition as would not prevent or materially interfere with Tenant’s 's use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s 's reasonable estimation such damage can be materially restored within ninety two hundred fifty (90250) days, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made a pro rata rate in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five (45) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s 's reasonable estimation of the length of time within which material restoration can be made, and Landlord’s 's determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “"materially restored” " if they are in such condition as would not prevent or materially interfere with Tenant’s 's use of the Premises for the purpose for which it was being used immediately before such damage.. DES/BB Initial

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s reasonable estimation such damage can be materially restored within ninety one hundred fifty (90150) days, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five twenty (4520) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s reasonable estimation of the length of time within which material restoration can be made, and Landlord’s determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “materially restored” if they are in such condition as would not prevent or materially interfere with Tenant’s use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s 's reasonable estimation such damage can be materially restored within ninety one hundred eighty (90180) days, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five thirty (4530) days from the date of such damage, Landlord shall notify Tenant, Tenant in writing, of Landlord’s Landlords reasonable estimation of the length of time within with which material restoration can be made, and Landlord’s Landlords determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “"materially restored” " if they are in such condition as would not prevent or materially interfere with Tenant’s tenants use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s reasonable estimation such damage can be materially restored within ninety (90) days, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five (45) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s reasonable estimation of the length of time within which Initials CROSSINGS FORM LEASE — NO PERCENTAGE RENT material restoration can be made, and Landlord’s determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “materially restored” if they are in such condition as would not prevent or materially interfere with Tenant’s use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s reasonable estimation such damage can be materially restored within ninety two hundred ten (90210) days, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five thirty (4530) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s reasonable estimation of the length of time within which material restoration can be made, and Landlord’s determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “materially restored” if they are in such condition as would not prevent or materially interfere with Tenant’s use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause cause, and in Landlord’s 's reasonable estimation such damage can be materially restored within ninety one hundred twenty (90120) daysdays after such casualty, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent Annual Rent from the date of such damage. Such abatement of rent Annual Rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five (45) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s 's reasonable estimation of the length of time within which material restoration can be made, and Landlord’s 's determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “"materially restored” " if they are in such condition as would not prevent or materially interfere with Tenant’s 's use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s 's reasonable estimation such damage can be materially restored within ninety two hundred fifty (90250) days, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five (45) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s 's reasonable estimation of the length of time within which material restoration can be made, and Landlord’s 's determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “"materially restored” " if they are in such condition as would not prevent or materially interfere with Tenant’s 's use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s reasonable estimation such damage can be materially restored within ninety one hundred twenty (90120) daysdays of the casualty, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five sixty (4560) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s reasonable estimation of the length of time within which material restoration can be made, and Landlord’s determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “materially restored” if they are in such condition as would not prevent or materially interfere with Tenant’s allow Tenant to use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s reasonable estimation such damage can be materially restored within ninety one hundred eighty (90180) daysdays of the date of such damage, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata from the date of damage in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five (45) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s reasonable estimation of the length of time within which material restoration can be made, and Landlord’s determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “materially restored” if they are in such condition as would not prevent or materially interfere with Tenant’s use of the Premises for the purpose for which it was being used immediately before such damage.

DAMAGE BY FIRE, ETC. 22.1 In the event the Premises or the Building are damaged by fire or other cause and in Landlord’s 's reasonable estimation such damage can be materially restored within ninety one hundred twenty (90120) daysdays of the casualty, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within forty-five sixty (4560) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s Landlords's reasonable estimation of the length of time within which material restoration can be made, and Landlord’s 's determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “"materially restored” " if they are in such condition as would not prevent or materially interfere with Tenant’s allow Tenant to use of the Premises for the purpose for which it was being used immediately before such damage.