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 5 reasonable estimation such damage can be materially restored within one hundred eighty (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 darnage. Such abaternent 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 Premise 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 purposcs of this Lease, the Building or Prernises .shall be deemed "materially restored" if they are in such condition as would not prevent or materially interfere with Tenant's use of the Prernises for the purpose for which it was being used immediately before such damage. 22.2 If such repairs cannot, in Landlord's reasonable estimation, be made within two hundred fifty (250) days, Landlord and Tenant shall each have the option of giving the other, at any time within sixty (60) days after such damage, notice terminating this Lease as of the date of such damage. In the event of the giving of such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate as of the date of such damage as

DAMAGE BY FIRE, ETC. 22.1 In the event (a) If the Premises or the Building are damaged or destroyed by fire or other cause and in Landlord's 5 reasonable estimation casualty such damage that the repairs can be materially restored made within one hundred eighty fifty (180150) daysdays from the date of such damage, then Landlord shall forthwith repair the same to the condition that existed on the date of the damage, under the laws and regulations of the federal, state, and local governmental authorities having jurisdiction thereof. In such event, this Lease shall remain in full force and effect, effect except that Tenant shall be entitled to a proportionate abatement in rent from the date of such darnage. Such abaternent of rent while such repairs to be made hereunder by Landxxxx xxx being made. Said proportionate abatement shall be made pro rata based on the rental rates per rentable square foot in accordance with Paragraph 9(c) above, and the extent to which the damage and the making of such repairs to be made hereunder by Landlord shall interfere with the use and occupancy business carried on by Tenant on the Premises. If such damages or destruction resulted from the act, fault or neglect of Tenant, then rent shall abatx xxxy to the Premise extent Landlord receives proceeds from time Landlord's rental income insurance policy to timecompensate Landlord for the loss of such rent. 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 purposcs of this Lease, the Building Tenant whether or Prernises .shall be deemed "materially restored" if they are in such condition as would not prevent or materially interfere with Tenant's use of the Prernises for the purpose for which it was being used immediately before such damage. 22.2 If such repairs cannot, in Landlord's reasonable estimation, can be made within two one hundred fifty (250) days, Landlord and Tenant shall each have the option of giving the other, at any time within sixty (60150) days after such damage, notice terminating this Lease as of from the date of such damage. In If and to the event of extent such damage or destruction is not fully covered by Landlord's insurance policy, Landlord shall have the giving right to terminate this Lease upon written notice of such notice, this Lease shall expire and all interest of the Tenant in the Premises shall election to terminate as of the date of such damage aswithin thirty (30)

DAMAGE BY FIRE, ETC. 22.1 Subject to Section 7.7 of this Lease, in the event that any of the Improvements shall be damaged or destroyed by fire or any other hazard, risk or casualty whatsoever (such damaged or destroyed Improvements being herein called the "DAMAGED IMPROVEMENTS"), then Tenant shall give immediate notice thereof to Landlord, and shall, as soon as possible, at Tenant's cost and expense, restore, replace and repair the Damaged Improvements regardless of whether insurance proceeds are available to pay all of the cost thereof. Such work by Tenant shall be done pursuant to plans, specifications and a work schedule which shall be subject to Landlord's prior reasonable approval. In the event that more than fifty percent of the Premises floor area of the Improvements is so damaged or the Building are damaged by fire or other cause destroyed, and in Landlord's 5 reasonable estimation such damage can or destruction shall occur during the last two years of the Term, then provided all policies of insurance hereby required to be materially restored within one hundred eighty (180) days, Landlord shall forthwith repair the same and this Lease shall remain maintained by Tenant are in full force and effect, except that Tenant effect and proper proof of loss shall be entitled to a proportionate abatement in rent from the date of such darnage. Such abaternent 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 Premise 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 purposcs of this Lease, the Building or Prernises .shall be deemed "materially restored" if they are in such condition as would not prevent or materially interfere with Tenant's use of the Prernises for the purpose for which it was being used immediately before such damage. 22.2 If such repairs cannot, in Landlord's reasonable estimation, be made within two hundred fifty (250) dayshave been filed thereunder, Landlord and Tenant each shall each have the option of giving right on or prior to the other, at any time within sixty (60) days thirtieth day after such damage, notice terminating this Lease as of the date of such damage. In the event of the giving of such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate as of the date occurrence of such damage asor destruction, to terminate this Lease by giving notice to the other respective party. Upon such termination, Tenant shall pay to Landlord (if Landlord has failed to receive such amounts from the proceeds of rent loss insurance required to be carried by Tenant), (a) an amount equal to all Rent which would have been due hereunder for the six month period following such termination, (b) all insurance proceeds theretofore received by Tenant on account of such Damaged Improvements, and (c) assigning to Landlord all insurance policies and unpaid proceeds with respect to the Damaged Improvements.

DAMAGE BY FIRE, ETC. 22.1 In (a) If the event the Building, improvements, or Premises are rendered partially or the Building are damaged wholly untenantable by fire or other cause casualty, and if such damage cannot, in Landlord's 5 ’s reasonable estimation such damage can estimation, be materially restored within one hundred eighty twenty (180120) daysdays of such damage, Landlord shall forthwith repair the same and then either may terminate this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from as of the date of such darnagefire or casualty. Such abaternent of rent Landlord shall be made pro rata in accordance with the extent exercise its option provided herein by written notice to which the damage and the making Tenant within sixty (60) days of such repairs fire or other casualty and Tenant shall interfere with the use and occupancy exercise its option by Tenant of the Premise from time to time. Within forty-five providing Landlord written notice within thirty (4530) days of receipt of notice from Landlord that the repairs cannot be completed within one hundred twenty (120) days of the date of such damagecasualty. For purposes hereof, Landlord shall notify Tenantthe Building, in writingimprovements, of Landlord's reasonable estimation of the length of time within which material restoration can be made, and Landlord's determination or Premises shall be binding on Tenant. For purposcs of this Lease, the Building or Prernises .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 Prernises Premises for the purpose for which it was then being used immediately before such damageused. 22.2 If such repairs cannotNotwithstanding the foregoing to the contrary, in Landlord's reasonable estimationif a casualty of the type described above first occurs during the final twelve (12) months of the Term (which is calculated based on the expiration of the then current Term without regard to any unexercised options to extend), be made within two hundred fifty (250) days, Landlord and then Tenant shall each have the option of giving the othermay, at any time its option, elect to terminate this Lease upon written notice to Landlord within sixty thirty (6030) days after such damagethe casualty, notice terminating this Lease as whereupon the balance of the date of such damageTerm shall automatically expire on the fifth day after the notice is delivered and Landlord shall have no restoration obligations pursuant to this Section 20. In the event Tenant fails to properly and timely deliver such notice of the giving of termination, Tenant shall be deemed to have waived such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate as of the date of such damage asright to terminate.