Damage by Fire or Other Casualty. 19.1 Except as otherwise provided herein, in the event of any damage causing a partial or total destruction of the premises during the term of this Lease from any cause that is an insured risk and provided the repairs can be made under the applicable laws and regulations of governmental authorities, Landlord shall repair said damage promptly; provided, however, that if such destruction or damage is "major destruction or damage," Landlord may terminate this Lease on 90 days' notice to Tenant. "Major destruction or damage" hereunder shall refer to destruction of or damage to the premises, the reasonable cost of repair of which exceeds two hundred fifty thousand dollars ($250,000). During any repair or restoration this Lease shall remain in full force and effect and the rent payable under this Lease shall only be abated to the extent such rent abatements are covered by insurance proceeds. 19.2 If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is less than or equal to One Hundred Fifty Thousand Dollars ($150,000.00) and provided such repairs can be made under the applicable laws and regulations of governmental authorities, Tenant shall pay to Landlord the cost of repairing such damage and Landlord shall cause such repair to be made. If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is more than One Hundred Fifty Thousand Dollars ($150,000.00), Tenant may elect not to pay the cost to repair such damage by giving notice at any time within thirty (30) working days after the date of such damage and terminating this Lease as of a date to be specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) working days after the giving of such notice; provided, however, if Landlord elects to pay the additional cost over $150,000 to complete the repairs, Landlord shall proceed to make the repairs and the Lease shall remain in full force and effect. In the event of the giving of such notice of termination, this Lease and all interest of Tenant in the premises shall terminate on the date so specified in such notice, and the rent shall be paid up to date on such termination. Landlord agrees to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. Landlord shall not be required to repair any injury or damage by fire or other cause to the property of Tenant, or to make any repairs to or replacements of any panelings, decorations, railing, floor coverings or any improvements installed on the premises by Tenant. Landlord shall be responsible for repairing all uninsured damage that was caused by or resulted from the gross negligence or intentional misconduct of Landlord, its agents or servants. 19.3 All proceeds from any insurance policy or policies referred to in paragraph 16 hereof, and any amounts agreed to as deductibles thereunder, payable pursuant to this paragraph 19 shall be paid by Tenant to Landlord within ten (10) days following the receipt of such proceeds by Tenant and before Landlord is required to make any of the repairs. 19.4 In respect of any damage or destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provisions of any statute or law permitting Tenant to terminate this Lease are waived by Tenant, and Tenant specifically waives the provisions of Sections 1932, Subdivision 2, and 1933, Subdivision 4, of the Civil Code of California.
Appears in 2 contracts
Samples: Plant Lease (Radnor Holdings Corp), Warehouse Lease (Radnor Holdings Corp)
Damage by Fire or Other Casualty. 19.1 Except as otherwise provided hereinIf the Premises or the Building (including machinery and equipment used in its operation) shall be destroyed or damaged by fire or other casualty and if the Premises or Building may be repaired and restored within one hundred twenty (120) days (plus such additional time during which Landlord may be prevented or delayed from completing the repairs for causes beyond its reasonable control and for insurance adjustments) after such damage then Landlord shall have the option by notifying Tenant to: (a) repair and restore the same with reasonable promptness; or (b) elect to demolish the Building, or cease its operation, in which event this Lease shall automatically be canceled and terminated as of the date of such damage. In the event any such damage not caused by the act or neglect of any damage causing a partial Tenant, its agents, servants, employees, guests, licensees or invitees renders the Premises untenantable and if this Lease shall not be canceled and terminated by reason on such damage, then rent shall abate during the periox xxxinning with the date of such fire or other casualty and ending with the date when Landlord's work in the Premises is substantially completed, such abatement to be in an amount bearing the same ratio to the total destruction amount of rent for such period as the untenantable portion of the premises Premises bears to the entire Premises. Landlord's work shall not include the repair, replacement or restoration of Tenant's fixtures or tenant improvements, including, but not limited to, special wall and floor coverings, special lighting fixtures, built-in cabinets and bookshelves. If such damage renders the Premises or the Building untenantable, in whole or in part, and if, in Landlord's judgment, such damage cannot reasonably be repaired and restored within one hundred twenty (120) days (plus such additional time during which Landlord may be prevented from completing the term of repairs for causes beyond its reasonable control), either party shall have the right to cancel and terminate this Lease from any cause that is an insured risk and provided as of the repairs can be made under the applicable laws and regulations date of governmental authoritiessuch damage, Landlord shall repair said damage promptly; provided, however, that if such destruction or damage is "major destruction or damage," Landlord may terminate this Lease on 90 days' notice to Tenant. "Major destruction or damage" hereunder shall refer to destruction of or damage to the premises, the reasonable cost of repair of which exceeds two hundred fifty thousand dollars ($250,000). During any repair or restoration this Lease shall remain in full force and effect and the rent payable under this Lease shall only be abated to the extent such rent abatements are covered by insurance proceeds.
19.2 If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is less than or equal to One Hundred Fifty Thousand Dollars ($150,000.00) and provided such repairs can be made under the applicable laws and regulations of governmental authorities, Tenant shall pay to Landlord the cost of repairing such damage and Landlord shall cause such repair to be made. If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is more than One Hundred Fifty Thousand Dollars ($150,000.00), Tenant may not elect not to pay the cost to repair such damage by giving notice at any time within thirty (30) working days after the date of such damage and terminating this Lease as of a date to be specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) working days after the giving of such notice; provided, however, if Landlord elects to pay the additional cost over $150,000 to complete the repairs, Landlord shall proceed to make the repairs and the Lease shall remain in full force and effect. In the event of the giving of such notice of termination, this Lease and all interest of Tenant in the premises shall terminate on the date so specified in such notice, and the rent shall be paid up to date on such termination. Landlord agrees to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. Landlord shall not be required to repair any injury or damage by fire or other cause to the property of Tenant, or to make any repairs to or replacements of any panelings, decorations, railing, floor coverings or any improvements installed on the premises by Tenant. Landlord shall be responsible for repairing all uninsured damage that was caused by or resulted from the gross negligence or intentional misconduct of Landlord, its agents or servants.
19.3 All proceeds from any insurance policy or policies referred to in paragraph 16 hereof, and any amounts agreed to as deductibles thereunder, payable pursuant to this paragraph 19 shall be paid by Tenant to Landlord within ten (10) days following the receipt of such proceeds by Tenant and before Landlord is required to make any of the repairs.
19.4 In respect of any damage or destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provisions of any statute or law permitting Tenant to terminate this Lease are waived if such damage was caused by the act or neglect of Tenant, and Tenant specifically waives its agents, servants, employees, guests, licensees or invitees. Any right to terminate or any other option provided for any party in this Paragraph 12 must be exercised by written notice to the provisions of Sections 1932, Subdivision 2, and 1933, Subdivision 4, of the Civil Code of Californiaother party served within one hundred thirty (130) days after such damage shall have occurred.
Appears in 1 contract
Damage by Fire or Other Casualty. 19.1 Except as otherwise provided herein, in the event of any damage causing a partial or total destruction of the premises during the term of this Lease from any cause that is an insured risk and provided the repairs can be made under the applicable laws and regulations of governmental authorities, Landlord shall repair said damage promptly; provided, however, that if such destruction or damage is "major destruction or damage," Landlord may terminate this Lease on 90 days' notice to Tenant. "Major destruction or damage" hereunder shall refer to destruction of or damage to the premises, the reasonable cost of repair of which exceeds two hundred fifty thousand dollars ($250,000). During any repair or restoration this Lease shall remain in full force and effect and the rent payable under this Lease shall only be abated to the extent such rent abatements are covered by insurance proceeds.
19.2 If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is less than or equal to One Hundred Fifty Thousand Dollars ($150,000.00) and provided such repairs can be made under the applicable laws and regulations of governmental authorities, Tenant shall pay to Landlord the cost of repairing such damage and Landlord shall cause such repair to be madeSection 1. If the cause demised Premises are totally destroyed or so damaged by fire or other casualty not occurring through fault or negligence of such damage is the Tenant, or those employed by or acting for it, that they cannot an insured riskbe repaired and restored, was not caused by on the gross negligence or intentional misconduct basis of Landlord, its agents or servants, and the cost of repair is more than One Hundred Fifty Thousand Dollars ($150,000.00), Tenant may elect not to pay the cost to repair such damage by giving notice at any time within thirty (30) normal working days after the date of such damage and terminating this Lease as of a date to be specified in such noticehours, which date shall not be less than thirty (30) nor more than sixty (60) working days after the giving of such notice; provided, however, if Landlord elects to pay the additional cost over $150,000 to complete the repairs, Landlord shall proceed to make the repairs and the Lease shall remain in full force and effect. In the event of the giving of such notice of terminationwithin 90 days, this Lease and all interest of Tenant in the premises lease shall terminate on the date so specified in such noticeterminate, and the rent shall abatx xxx the balance of the term; PROVIDED, HOWEVER, that should it be paid up determined anytime that the aforesaid fire or other casualty was caused by the negligence or willful misconduct of Tenant, its employees or agents, then this lease shall not terminate, and should it have been terminated prior to date this determination, it shall be reinstated and all amounts which would have accrued but for the termination shall be immediately due to Landlord and all other duties hereunder shall be reinstated in full.
Section 2. If the damage above is only partial and the premises can be restored, on such termination. Landlord agrees the basis of normal working days and hours, to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. the present condition within 90 days, the Landlord shall not be restore them as speedily as circumstances reasonable permit, including the time necessary and required by the insurance companies to inspect the premises and to make an adjustment with the Landlord. The Landlord may enter upon the premises for the purpose of doing the restoration work. However, if such damage occurs during the final 12 months of the then current term, the Landlord or the Tenant may terminate this lease by giving written notice to the other party within 30 days after the damage occurs. If Landlord either party exercises such option the rent shall abatx xxx the balance of the term. The Landlord also may enter upon the demised premises whenever necessary to repair any injury or damage caused by fire or other cause casualty to the property building of Tenantwhich the demised premises are a part, even though the effect of such entry is to render the demised premises or to make any repairs to or replacements of any panelingsa part thereof untenantable. In that event, decorations, railing, floor coverings or any improvements installed on the premises by Tenant. Landlord rent shall be responsible for repairing all uninsured damage that was caused by or resulted from prorated and suspended while the gross negligence or intentional misconduct of Landlord, its agents or servants.
19.3 All proceeds from any insurance policy or policies referred to in paragraph 16 hereof, and any amounts agreed to as deductibles thereunder, payable pursuant to this paragraph 19 shall be paid by Tenant to Landlord within ten (10) days following the receipt of such proceeds by Tenant and before Landlord is required to make any in possession, taking into account the proportion in area of the repairs.
19.4 In respect demised premises rendered untenantable or unusable and the duration of any damage or destruction which Landlord is obligated the Landlord's possession. If a dispute arises as to repair or may elect to repair the amount of rent under the terms of this paragraphclause, the provisions of Tenant shall pay the full amount claimed by the Landlord. The Tenant may, however, proceed by law to recover any statute or law permitting Tenant to terminate this Lease are waived by Tenant, and Tenant specifically waives the provisions of Sections 1932, Subdivision 2, and 1933, Subdivision 4, of the Civil Code of Californiaexcess payment.
Appears in 1 contract
Damage by Fire or Other Casualty. 19.1 Except as otherwise provided herein, in the event of any damage causing a partial or total destruction of the premises during the term of this Lease from any cause that is an insured risk and provided the repairs can be made under the applicable laws and regulations of governmental authorities, Landlord shall repair said damage promptly; provided, however, that if such destruction or damage is "major destruction or damage," Landlord may terminate this Lease on 90 days' notice to Tenant. "Major destruction or damage" hereunder shall refer to destruction of or damage to the premises, the reasonable cost of repair of which exceeds two hundred fifty thousand dollars ($250,000). During any repair or restoration this Lease shall remain in full force and effect and the rent payable under this Lease shall only be abated to the extent such rent abatements are covered by insurance proceeds.
19.2 If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is less than or equal to One Hundred Fifty Thousand Dollars ($150,000.00) and provided such repairs can be made under the applicable laws and regulations of governmental authorities, Tenant shall pay to Landlord the cost of repairing such damage and Landlord shall cause such repair to be made. If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is more than One Hundred Fifty Thousand Dollars ($150,000.00), Tenant may elect not to pay the cost to repair such damage by giving notice at any time within thirty (30) working days after the date of such damage and terminating this Lease as of a date to be specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) working days after the giving of such notice; provided, however, if Landlord elects to pay the additional cost over $150,000 to complete the repairs, Landlord shall proceed to make the repairs and the Lease shall remain in full force and effect. In the event of the giving of such notice of termination, this Lease and all interest of Tenant in the premises shall terminate on the date so specified in such notice, and the rent shall be paid up to date on such termination. Landlord agrees to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. Landlord shall not be required to repair any injury or damage by fire or other cause to the property of Tenant, or to make any repairs to or replacements of any panelings, decorations, railing, floor coverings or any improvements installed on the premises by Tenant. Landlord shall be responsible for repairing all uninsured damage that was caused by or resulted from the gross negligence or intentional misconduct of Landlord, its agents or servants.
19.3 All proceeds from any insurance policy or policies referred to in paragraph Section 16 hereof, and any amounts agreed to as deductibles thereunder, payable pursuant to this paragraph Section 19 shall be paid by Tenant to Landlord within ten (10) days following the receipt of such proceeds by Tenant and before Landlord is required to make any of the repairs.
19.4 In respect of any damage or destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provisions of any statute or law permitting Tenant to terminate this Lease are waived by Tenant, and Tenant specifically waives the provisions of Sections 1932, Subdivision 2, and 1933, Subdivision 4, of the Civil Code of California.
Appears in 1 contract
Damage by Fire or Other Casualty. 19.1 Except as otherwise provided herein, in In the event of any damage causing a partial caused to the leased premises by fire or total destruction other casualty, if capable of accomplishment, Tenant shall give immediate written notice to Lessor, or if not capable of accomplishment, as soon thereafter as is reasonable under the circumstances. If Tenant does not so notify Lessor, Tenant shall be liable for all consequential damages directly or indirectly resulting from its failure to so notify Lessor, in addition to every other right and remedy which Lessor may have pursuant to this Lease, at law or in equity. In the event the leased premises shall be damaged by fire or other casualty to the extent of fifty percent (50%) or less of the premises during cost of replacement of the term of this Lease from any cause that leased premises, and such damage is an insured risk covered by Lessor's insurance, and provided the repairs can be made under repaired within one hundred eighty (180) days after the applicable laws and regulations date of governmental authoritiesthe happening of the event causing the damage, Landlord Lessor shall repair said cause the damage promptlyto be repaired, at its expense; provided, however, that if in the event such destruction damage occurs during the last two (2) years of the term of this Lease, Lessor shall have no obligation to cause the damage to be repaired. In the event the leased premises shall be damaged by fire or other casualty, and such fire or other casualty shall not be covered by Lessor's insurance, or the leased premises shall be damaged to the extent of more than fifty percent (50%) of the cost of replacement of the leased premises, or cannot be repaired within one hundred eighty (180) days after the date of the happening of the event causing the damage is "major destruction but can be repaired within two hundred seventy (270) days after the date of the happening of the event causing the damage, then in any of such events, Lessor may elect either to repair or damage," Landlord may terminate rebuild the leased premises or to cancel this Lease on 90 days' Lease, either of such elections to be made by the giving of written notice to Tenantsuch effect by Lessor to Tenant within sixty (60) days after the date of the happening of the event causing the damage. "Major destruction or damage" hereunder shall refer In the event Lessor gives Tenant written notice of its intention to destruction of or damage to the premises, the reasonable cost of repair of which exceeds two hundred fifty thousand dollars ($250,000). During any repair or restoration rebuild, then this Lease shall remain in full force and effect and the rent payable under this Lease shall only be abated to the extent such rent abatements are covered by insurance proceeds.
19.2 If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is less than or equal to One Hundred Fifty Thousand Dollars ($150,000.00) and provided such repairs can be made under the applicable laws and regulations of governmental authorities, Tenant shall pay to Landlord the cost of repairing such damage and Landlord shall cause such repair to be made. If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is more than One Hundred Fifty Thousand Dollars ($150,000.00), Tenant may elect not to pay the cost to repair such damage by giving notice at any time within thirty (30) working days after the date of such damage and terminating this Lease as of a date to be specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) working days after the giving of such notice; provided, however, if Landlord elects to pay the additional cost over $150,000 to complete the repairs, Landlord shall proceed to make the repairs and the Lease shall remain in full force and effect. In the event Lessor does not give Tenant written notice of its intention to repair or rebuild or cancel this Lease within said sixty (60) days, this Lease may be cancelled at the option of either Lessor or Tenant by written notice by either party to the other within thirty (30) days after the expiration of Lessor's sixty (60) days' notice period. Cancellation, if appropriately elected, shall be effective as of the date when the damage occurred. In the event fifty percent (50%) or more of the building(s) constituting the Center of which the leased premises are a part shall be damaged by fire or other casualty, regardless of whether or not the leased premises are affected, and such fire or other casualty shall not be covered by Lessor's insurance, or such damage cannot be repaired within one hundred eighty (180) days after the date of the happening of the event causing the damage, then in any of such events, Lessor may elect either to repair or rebuild said building or to cancel this Lease, either of such elections to be made by the giving of written notice to such effect by Lessor to Tenant within ninety (90) days after the date of the happening of the event causing the damage. In the event Lessor shall give written notice to Tenant of terminationits election either to repair or rebuild, then this Lease shall remain in force and effect. In the event Lessor does not give written notice to Tenant of its election either to repair or to rebuild or to terminate this Lease within said ninety (90) days, this Lease and all interest may be cancelled at the option of either Lessor or Tenant in by written notice by either party to the premises other within thirty (30) days after the expiration of Lessor's ninety (90) days' notice period. Cancellation, if appropriately elected, shall terminate on be effective as of the date so specified when the damage occurred. As promptly as is practicable after such fire or other casualty and during any period of repair or reconstruction of the leased premises, Tenant shall continue the operation of its business within the leased premises to the extent practicable. If the fire or other casualty, repairing or rebuilding shall render the leased premises untenantable, in such noticewhole or in part, and a proportionate abatement of the rent shall be paid up allowed from the date of the happening of the event causing the damage until the date Lessor completes the repairs or rebuilding, or, in the event of cancellation, until the effective date of such cancellation, said proportionate abatement to date be computed on the basis of the relation which the square foot area of the space in the leased premises rendered untenantable bears to the total square foot area of the leased premises. Nothing in this paragraph shall be construed to permit the abatement, in whole or in part, or the other charges provided for in this Lease. In the event Lessor is obligated, or exercises its election to repair, restore or replace the improvements, it shall proceed with due diligence, and at its sole cost and expense, to make such terminationrepairs, restoration or replacement in such manner as to approximate original condition, reasonable wear and tear excepted, excluding therefrom improvements or betterments to the lease premises constructed or installed by Tenant or at Tenant's direction. Landlord agrees In determining "due diligence," consideration shall be given to refund fire and other casualties, governmental restrictions and regulations, strikes, lock-outs, construction delays beyond the control of Lessor, and acts of God. In no event shall Lessor be required to repair, restore or replace the items hereinafter set forth to be repaired, restored, or replaced by Tenant. In the event Lessor is required or elects to repair, restore, or replace the improvements, Tenant any rent theretofore paid for any period of time subsequent shall proceed with due diligence, at Tenant's sole cost and expense, to such daterepair, restore or replace improvements or betterments to the leased premises constructed or installed by Tenant or at Tenant's direction, its stock-in-trade, fixtures, furniture, furnishings, equipment, other personal property and signs. Landlord Lessor shall not be required to repair responsible for, nor liable to, Tenant for any injury or damage by fire or other cause to the property of Tenant, or to make any repairs to or replacements of any panelings, decorations, railing, floor coverings or any improvements installed on the premises by Tenant. Landlord shall be responsible for repairing all uninsured damage that was damages whatsoever caused by or resulted from the gross negligence or intentional misconduct of Landlord, its agents or servants.
19.3 All proceeds from any insurance policy or policies referred to in paragraph 16 hereof, and any amounts agreed to as deductibles thereunder, payable pursuant to this paragraph 19 shall be paid by Tenant to Landlord within ten (10) days following the receipt of such proceeds by Tenant and before Landlord is required to make any of the repairs.
19.4 In respect of any damage or destruction which Landlord is obligated to repair the leased premises, nor for any delay in repairing, restoring or may elect replacing, nor for inability to repair under repair, restore, or replace, nor for any other cause whatsoever beyond Lessor's control. All property of Tenant and all property kept, stored or maintained in or upon the terms leased premises, adjacent sidewalks, loading areas or other common areas shall be at the sole risk of this paragraph, the provisions of any statute or law permitting Tenant to terminate this Lease are waived by Tenant, and Tenant specifically waives the provisions of Sections 1932, Subdivision 2, and 1933, Subdivision 4, of the Civil Code of California.
Appears in 1 contract
Damage by Fire or Other Casualty. 19.1 Except as otherwise provided hereinThe Tenant must give Landlord prompt notice of fire, in accident, damage or dangerous or defective conditions. If the event fire or other casualty is caused by act of any damage causing a partial or total destruction neglect of the premises during Tenant, or guest of Tenant, all repairs will be made at Tenant's expense and Tenant must pay the term full rent with no adjustment. The cost of this Lease from any cause that is an insured risk and provided the repairs can will be made under additional rent. If the applicable laws and regulations of governmental authoritiesPremises shall be damaged or destroyed by fire or by any other cause or casualty, Landlord shall repair said damage promptly; provided, however, that if such destruction or damage is "major destruction or damage," Landlord may terminate this Lease on 90 days' notice to Tenant. "Major destruction or damage" hereunder shall refer to destruction of or damage not due to the premises, fault or neglect of the reasonable cost of repair of which exceeds two hundred fifty thousand dollars ($250,000). During any repair or restoration this Lease shall remain in full force and effect and the rent payable under this Lease shall only be abated to the extent such rent abatements are covered by insurance proceeds.
19.2 If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servantsTenant, and the cost said damages can be reasonably repaired within sixty(60) days from the time of repair is less than the happening, the Tenant shall not be entitled to surrender possession of the Premises, nor shall the Tenant's obligation to pay rent under this lease terminate. Landlord shall cause the same to be repaired with reasonable speed and shall complete the same within sixty(60) days from the happening of such damage, provided that such repairs are not delayed by reason of strikes, labor difficulties, or disputes, shortages of material, settlement of insurance proceeds or any cause beyond the reasonable control of the Landlord, the time for completion of such repairs shall not be extended for a period equal to One Hundred Fifty Thousand Dollars ($150,000.00) and provided the duration of such repairs can delays. If tenant shall be made under deprived of the applicable laws and regulations occupancy of governmental authoritiesall or any portion of the Premises by reason of such damage, or to make such repairs, Tenant shall pay not be entitled to Landlord an abatement of rent. In the cost of repairing event that such damage and Landlord shall cause such repair to cannot be made. If the cause of such damage is not an insured risk, was not caused reasonably repaired by the gross negligence or intentional misconduct of LandlordLandlord within the sixty(60) day period, its agents or servantsthen and in such event, the Landlord and Tenant shall have the cost of repair is more than One Hundred Fifty Thousand Dollars ($150,000.00), Tenant may elect not right to pay the cost terminate this lease effective as to repair such damage by giving notice at any time within thirty (30) working days after the date of such damage and terminating this Lease as of a date by giving written notice to be specified in such notice, which date shall not be less than thirty (30the other party by certified mail within thirty(30) nor more than sixty (60) working days after the giving occurrence of said damage. If the building in which the Premises is situated shall be damaged by fire or by any other cause or casualty and such notice; provideddamage cannot be reasonably repaired within ninety(90) days from the happening of the said event, however, if Landlord elects to pay the additional cost over $150,000 to complete the repairs, Landlord shall proceed have the right to make terminate this lease effective as of the repairs and the Lease shall remain in full force and effect. In date of the event of the such damage, by giving of such notice of termination, this Lease and all interest of Tenant in the premises shall terminate on the date so specified in such written notice, and the rent shall be paid up to date on such termination. Landlord agrees to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. Landlord shall not be required to repair any injury or damage by fire or other cause certified mail, to the property of Tenant, or to make any repairs to or replacements of any panelings, decorations, railing, floor coverings or any improvements installed on the premises by Tenant. Landlord shall be responsible for repairing all uninsured damage that was caused by or resulted from the gross negligence or intentional misconduct of Landlord, its agents or servants.
19.3 All proceeds from any insurance policy or policies referred to in paragraph 16 hereof, and any amounts agreed to as deductibles thereunder, payable pursuant to this paragraph 19 shall be paid by Tenant to Landlord within ten (10sixty(60) days following after the receipt occurrence of such proceeds by Tenant and before Landlord is required to make any of the repairssaid damage.
19.4 In respect of any damage or destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provisions of any statute or law permitting Tenant to terminate this Lease are waived by Tenant, and Tenant specifically waives the provisions of Sections 1932, Subdivision 2, and 1933, Subdivision 4, of the Civil Code of California.
Appears in 1 contract
Samples: Lease Agreement
Damage by Fire or Other Casualty. 19.1 Except as otherwise provided herein, in In the event of any loss of, or damage causing a partial to, the Premises or total destruction the Building by fire or other casualty, the rights and obligations of the premises during the term of this Lease from any cause that is an insured risk and provided the repairs can parties hereto shall be made under the applicable laws and regulations of governmental authorities, Landlord shall repair said damage promptly; provided, however, that if such destruction or damage is "major destruction or damage," Landlord may terminate this Lease on 90 days' notice to Tenant. "Major destruction or damage" hereunder shall refer to destruction of or damage to the premises, the reasonable cost of repair of which exceeds two hundred fifty thousand dollars as follows:
($250,000). During any repair or restoration this Lease shall remain in full force and effect and the rent payable under this Lease shall only be abated to the extent such rent abatements are covered by insurance proceeds.
19.2 a) If the cause of such damage is not an insured risk, was not caused Premises or any part thereof shall be damaged by the gross negligence fire or intentional misconduct of Landlord, its agents or servants, and the cost of repair is less than or equal to One Hundred Fifty Thousand Dollars ($150,000.00) and provided such repairs can be made under the applicable laws and regulations of governmental authoritiesother casualty, Tenant shall pay give prompt notice thereof to Landlord the cost Landlord, and Landlord, upon receiving such notice, shall proceed promptly and with reasonable diligence, subject to unavoidable delays and a reasonable time for adjustment of repairing insurance losses, to repair, or cause to be repaired, such damage and Landlord shall cause such repair in a manner designed to be mademinimize interference with Tenant's occupancy (but with no obligation to employ labor at overtime or other premium pay rates). If the cause Premises or any part thereof shall be rendered untenantable by reason of such damage is not an insured riskdamage, was not caused by whether to the gross negligence Premises or intentional misconduct of Landlordthe Building, its agents or servants, the Base rent and any additional charges due hereunder shall proportionately xxxxx for the cost of repair is more than One Hundred Fifty Thousand Dollars ($150,000.00), Tenant may elect not to pay the cost to repair such damage by giving notice at any time within thirty (30) working days after period from the date of such damage and terminating to the date when such damage has been repaired for the portion of the Premises rendered untenantable.
(b) If as a result of fire or other casualty more than one-half (1/2) of the Building is rendered untenantable, Landlord within 60 days from the date of such fire or casualty may terminate this Lease as of by notice to Tenant, specifying a date to be specified in such noticedate, which date shall not be less than thirty (30) 20 nor more than sixty (60) working 40 days after the giving of such notice; provided, howeveron which the Term shall expire as fully and completely as if such date were the date herein originally fixed for the expiration of the Term. If the Premises are damaged as a result of fire or other casualty and if the damage to the Premises is so extensive that such damage cannot be substantially repaired within 180 days from the date of the fire or other casualty, either Landlord or Tenant within 30 days from the date of such fire or other casualty may terminate this Lease by notice to the other, specifying a date, not less than 20 nor more than 40 days after the giving of such notice, on which the Term shall expire as fully and completely as if such date were the date originally fixed for the expiration of the Term. If either Landlord or Tenant terminates this Lease, the Base Rent and all other charges due hereunder shall be apportioned as of the date of such fire or other casualty. If neither Landlord or Tenant so elects to pay the additional cost over $150,000 to complete the repairsterminate this Lease, then Landlord shall proceed to make repair the repairs damage to the Building and the damage to the Premises, if any shall have occurred, and the Base Rent and any other charges due hereunder shall meanwhile be apportioned and abated all as provided in this subsection (a).
(c) If the Premises shall be rendered untenantable to the extent of eighty percent (80%) or more by fire or other casualty during the last six months of the Term, Landlord or Tenant may terminate this Lease shall remain in full force and effect. In upon notice to the event of other party given within 90 days after such fire or other casualty specifying a date, not less than 20 days nor more than 40 days after the giving of such notice notice, on which the Term shall expire as fully and completely as if such date were the date originally fixed for the expiration of termination, the Term. If either Landlord or Tenant terminates this Lease pursuant to this subsection, the Base Rent and all interest any additional charges due hereunder shall be apportioned as of Tenant in the premises shall terminate on the date so specified in of such notice, and the rent shall be paid up to date on such termination. Landlord agrees to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. fire or casualty.
(d) Landlord shall not be required to repair or replace any injury of Tenant's alterations or improvements or any other personal property of Tenant and no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business by annoyance arising from any repair or restoration of any portion of the Premises or of the Building.
(e) Notwithstanding any other provisions of this Lease, Landlord shall not be liable or responsible for, and Tenant hereby releases Landlord and its Partners, officers, directors, agents and employees from and any person claiming by, through or under Tenant, by way of subrogation or otherwise, for any injury, loss or damage to Tenant's property covered by a valid and collectible fire insurance policy with extended coverage endorsement. Tenant shall require its insurer(s) to include in all of Tenant's insurance policies which could give rise to a right of subrogation against Landlord a clause or endorsement whereby the insurer(s) shall waive any rights of subrogation against Landlord, and Tenant shall pay any additional premium required therefor.
(f) Notwithstanding any other cause provision of this Lease, Tenant shall not be liable or responsible for, and Landlord hereby releases Tenant and its partners, officers, directors, agents and employees from, any and all liability or responsibility to Landlord or any person claiming by, through or under Landlord, by way of subrogation or otherwise, for any injury, loss or damage to Landlord's property covered by a valid and collectible fire insurance policy with extended coverage endorsement. Landlord shall require its insurer(s) to include in all of Landlord's insurance policies which could give rise to a right of subrogation against Tenant a clause or endorsement whereby the insurer(s) shall waive any rights of subrogation against Tenant, and Landlord shall pay any additional premium required therefor.
(g) The proceeds payable under all fire and other hazard insurance policies maintained by Landlord on the building shall belong to and be the property of Tenant, or to make any repairs to or replacements of any panelings, decorations, railing, floor coverings or any improvements installed on the premises by Tenant. Landlord shall be responsible for repairing all uninsured damage that was caused by or resulted from the gross negligence or intentional misconduct of Landlord, its agents or servants.
19.3 All proceeds from any insurance policy or policies referred to in paragraph 16 hereof, and any amounts agreed to as deductibles thereunder, payable pursuant to this paragraph 19 shall be paid by Tenant to Landlord within ten (10) days following the receipt of such proceeds by Tenant and before Landlord is required to make any of the repairs.
19.4 In respect of any damage or destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provisions of any statute or law permitting Tenant to terminate this Lease are waived by Tenant, and Tenant specifically waives shall not have any interest in such proceeds. Tenant agrees to look to its own fire and hazard insurance policies in the provisions event of Sections 1932, Subdivision 2, and 1933, Subdivision 4, of the Civil Code of Californiadamage to Tenant's alterations or its personal property.
Appears in 1 contract
Samples: Lease Agreement (Fieldworks Inc)
Damage by Fire or Other Casualty. 19.1 Except as otherwise provided herein15.1. If the Building or the Premises shall be partially or totally damaged or destroyed by fire or other cause, in then, whether or not the event damage or destruction shall have resulted from the fault or neglect of any damage causing a partial or total destruction of the premises during the term of Tenant (and if this Lease from any cause that is an insured risk and provided the repairs can be made under the applicable laws and regulations of governmental authoritiesshall not have been terminated as in this Article 15 hereinafter provided), Landlord shall repair said the damage promptlyand restore and rebuild the Building and/or the Premises to substantially the same condition as existed prior to such damage or destruction, at its expense, with reasonable dispatch after notice to it of the damage or destruction; provided, however, that if such destruction or damage is "major destruction or damage," Landlord may terminate this Lease on 90 days' notice to Tenant. "Major destruction or damage" hereunder shall refer to destruction of or damage to the premises, the reasonable cost of repair of which exceeds two hundred fifty thousand dollars ($250,000). During any repair or restoration this Lease shall remain in full force and effect and the rent payable under this Lease shall only be abated to the extent such rent abatements are covered by insurance proceeds.
19.2 If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is less than or equal to One Hundred Fifty Thousand Dollars ($150,000.00) and provided such repairs can be made under the applicable laws and regulations of governmental authorities, Tenant shall pay to Landlord the cost of repairing such damage and Landlord shall cause such repair to be made. If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is more than One Hundred Fifty Thousand Dollars ($150,000.00), Tenant may elect not to pay the cost to repair such damage by giving notice at any time within thirty (30) working days after the date of such damage and terminating this Lease as of a date to be specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) working days after the giving of such notice; provided, however, if Landlord elects to pay the additional cost over $150,000 to complete the repairs, Landlord shall proceed to make the repairs and the Lease shall remain in full force and effect. In the event of the giving of such notice of termination, this Lease and all interest of Tenant in the premises shall terminate on the date so specified in such notice, and the rent shall be paid up to date on such termination. Landlord agrees to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. Landlord shall not be required to repair or replace any injury of Tenant’s fixtures, personal property, or any Alterations owned by Tenant pursuant to the terms of this Lease, and Tenant hereby acknowledges that Landlord will not be carrying any insurance of any kind on the foregoing items belonging to Tenant. If the Premises are damaged by fire or other cause, Tenant, at its own expense, shall remove such of its furniture and other belongings from the Premises as Landlord shall require in order to repair and restore the Premises.
15.2. If the Building or the Premises shall be partially damaged or partially destroyed by fire or other cause, the rents payable hereunder shall be abated to the extent that the Premises shall have been rendered unusable to Tenant in the conduct of its business and for the period from the date of such damage or destruction to the date the damage shall be repaired or restored. If the Premises or a major part thereof shall be totally damaged or destroyed or rendered completely unusable to Tenant in the conduct of its business on account of fire or other cause, the rents shall completely axxxx as of the date of the damage or destruction and until Landlord shall repair, restore, and rebuild the Building and the Premises, provided, however, that should Tenant reoccupy a portion of the Premises for the conduct of Tenant’s business operations during the period the restoration work is taking place and prior to the date that the same are made completely tenantable, rents allocable to such portion shall be payable by Tenant from the date of such occupancy. Notwithstanding anything to the contrary contained herein, Tenant’s right to abatement as provided above shall be limited to the amount of any rent insurance proceeds received by Landlord which are attributable to the Premises.
15.3. If the Building shall be totally damaged or destroyed by fire or other cause, or if the Building shall be so damaged or destroyed by fire or other cause (whether or not the Premises are damaged or destroyed) as to the property require a reasonably estimated expenditure of Tenant, or to make any repairs to or replacements of any panelings, decorations, railing, floor coverings or any improvements installed on the premises by Tenant. Landlord shall be responsible for repairing all uninsured damage that was caused by or resulted from the gross negligence or intentional misconduct of Landlord, its agents or servants.
19.3 All proceeds from any insurance policy or policies referred to in paragraph 16 hereof, and any amounts agreed to as deductibles thereunder, payable pursuant to this paragraph 19 shall be paid by Tenant to Landlord within more than ten (10%) percent of the full insurable value of the Building immediately prior to the casualty, or if the Premises or a major part thereof shall be totally damaged or destroyed by fire or other casualty, or if the Premises or a major part thereof shall be partially damaged or destroyed by fire or other casualty during the last twelve (12) months of the Term, then, notwithstanding anything elsewhere provided in this Article 15, Landlord may terminate this Lease by giving Tenant notice to such effect within one hundred twenty (120) days following after the receipt date of the casualty. If Landlord elects to exercise said termination right, said notice shall be deemed effective as of the thirtieth (30th) day after the date of the giving of such proceeds by Tenant notice, and before Landlord is required to make any this Lease and the Term hereof shall expire as of said thirtieth (30th) day as if said date were the repairsdate originally set forth herein as the Termination Date.
19.4 15.4. In respect case of any damage or destruction mentioned in this Article 15, Tenant may terminate this Lease, by notice to Landlord, (i) if the Premises or a major part thereof shall be partially damaged or destroyed by fire or other casualty during the last twelve (12) months of the Term or (ii) if Landlord determines the Premises and the portions of the Building which are reasonably necessary for the use of the Premises are not reasonably capable of restoration within nine (9) months from the date of such damage or destruction, or (iii) if Landlord is obligated has not completed the making of the required repairs and restored and rebuilt the Premises and the portions of the Building which are reasonably necessary for the use of the Premises within nine (9) months from the date of such damage or destruction, or within an additional period after such nine (9) month period as shall equal the aggregate period Landlord may have been delayed in doing so by an Excusable Delay.
15.5. No damages, compensation, or claim shall be payable by Landlord for inconvenience, loss of business, or annoyance arising from any repair or restoration of any portion of the Premises or of the Building pursuant to this Article. If Landlord undertakes to restore the Premises and/or the Building under this Article 15, then Landlord shall use commercially reasonably efforts to effect such repair or restoration promptly and in such manner as to not unreasonably interfere with Tenant’s use and occupancy.
15.6. Notwithstanding any of the foregoing provisions to the contrary, Landlord’s obligation to repair or may elect the damage and restore and rebuild the Building and/or the Premises pursuant to repair under this Article shall be subject to the terms obtaining of this paragraph, all necessary approvals from the provisions Governmental Authorities and subject further to the approval and consent of the holder of any statute superior mortgage or law permitting the lessor of any superior lease and the willingness of such mortgagee and lessor to make the proceeds of casualty insurance policies available to Landlord for such purposes.
15.7. Tenant to terminate this Lease are waived by Tenant, and Tenant specifically waives the provisions benefit of New Jersey Revised Statutes, Title 46, Chapter 8, Sections 1932, Subdivision 2, 6 and 1933, Subdivision 4, 7 and agrees that Tenant will not be relieved of the Civil Code obligations to pay the Minimum Rent or any Additional Rent in case of Californiadamage to or destruction of the Building, except as provided by this Lease.
Appears in 1 contract
Damage by Fire or Other Casualty. 19.1 Except as otherwise provided herein, in In the event of any damage causing a partial caused to the leased premises by fire or total destruction other casualty, if capable of accomplishment, Tenant shall give immediate written notice to Lessor, or if not capable of accomplishment, as soon thereafter as is reasonable under the circumstances. If Tenant does not so notify Lessor, Tenant shall be liable for all consequential damages directly or indirectly resulting from its failure to so notify Lessor, in addition to every other right and remedy which Lessor may have pursuant to this Lease, at law or in equity. In the event the leased premises shall be damaged by fire or other casualty to the extent of fifty percent (50%) or less of the premises during cost of replacement of the term of this Lease from any cause that leased premises, and such damage is an insured risk covered by Lessor's insurance, and provided the repairs can be made under repaired within one hundred eighty (180) days after the applicable laws and regulations date of governmental authoritiesthe happening of the event causing the damage, Landlord Lessor shall repair said cause the damage promptlyto be repaired, at its expense; provided, however, that if in the event such destruction damage occurs during the last two (2) years of the term of this Lease, Lessor shall have no obligation to cause the damage to be repaired. In the event the leased premises shall be damaged by fire or other casualty, and such fire or other casualty shall not be covered by Lessor's insurance, or the leased premises shall be damaged to the extent of more than fifty percent (50%) of the cost of replacement of the leased premises, or cannot be repaired within one hundred eighty (180) days after the date of the happening of he event causing the damage is "major destruction but can be repaired within two hundred seventy (270) days after the date of the happening of the event causing the damage, then in any of such events, Lessor may elect either to repair or damage," Landlord may terminate rebuild the leased premises or to cancel this Lease on 90 days' Lease, either of such elections to be made by the giving of written notice to Tenantsuch effect by Lessor to Tenant within sixty (60) days after the date of the happening of the event causing the damage. "Major destruction or damage" hereunder shall refer In the event Lessor gives Tenant written notice of its intention to destruction of or damage to the premises, the reasonable cost of repair of which exceeds two hundred fifty thousand dollars ($250,000). During any repair or restoration rebuild, then this Lease shall remain in full force and effect and the rent payable under this Lease shall only be abated to the extent such rent abatements are covered by insurance proceeds.
19.2 If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is less than or equal to One Hundred Fifty Thousand Dollars ($150,000.00) and provided such repairs can be made under the applicable laws and regulations of governmental authorities, Tenant shall pay to Landlord the cost of repairing such damage and Landlord shall cause such repair to be made. If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is more than One Hundred Fifty Thousand Dollars ($150,000.00), Tenant may elect not to pay the cost to repair such damage by giving notice at any time within thirty (30) working days after the date of such damage and terminating this Lease as of a date to be specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) working days after the giving of such notice; provided, however, if Landlord elects to pay the additional cost over $150,000 to complete the repairs, Landlord shall proceed to make the repairs and the Lease shall remain in full force and effect. In the event Lessor does not give Tenant written notice of its intention to repair or rebuild or cancel this Lease within said sixty (60) days, this Lease may be canceled at the option of either Lessor or Tenant by written notice by either party to the other within thirty (30) days after the expiration of Lessor's sixty (60) days' notice period. Cancellation, if appropriately elected, shall be effective as of the date when the damage occurred. In the event fifty percent (50%) or more of the building(s) constituting the Center of which the leased premises are a part shall be damaged by fire or other casualty, regardless of whether or not the leased premises are affected, and such fire or other damage cannot be repaired within one hundred eighty (180) days after the date of the happening of the event causing the damage, then in any of such events, Lessor may elect either to repair or rebuild said building or to cancel this Lease, either of such elections to be made by the giving of written notice to such effect by Lessor to Tenant within ninety (90) days after the date of the happening of the event causing the damage. In the event Lessor shall give written notice to Tenant of terminationits election either to repair or rebuild, then this Lease shall remain in force and effect. In the event Lessor does not give written notice to Tenant of its election either to repair or to rebuild or to terminate this Lease within said ninety (90) days, this Lease and all interest may be canceled at the option of either Lessor or Tenant in by written notice by either party to the premises other within thirty (30) days after the expiration of Lessor's ninety (90) days' notice period. Cancellation, if appropriately elected, shall terminate on be effective as of the date so specified when the damage occurred. As promptly as is practicable after such fire or other casualty and during any period of repair or reconstruction of the leased premises, Tenant shall continue the operation of its business within the leased premises to the extent practicable. If the fire or other casualty, repairing or rebuilding shall render the leased premises untenantable, in such noticewhole or in part, and a proportionate abatement of the rent shall be paid up allowed from the date of the happening of the event causing the damage until the date Lessor completes the repairs or rebuilding, or, in the event of cancellation, until the effective date of such cancellation, said proportionate abatement to date be computed on the basis of the relation which the square foot area of the space in the leased premises is rendered untenantable bears to the total square foot area of the leased premises. Nothing in this paragraph shall be construed to permit the abatement, in whole or in part, of the percentage rent or the other charges provided for in this Lease, but for the purpose of paragraph 11 the computation of percentage rent shall be based upon the revised minimum rent as the same may be abated pursuant to this paragraph. In the event Lessor is obligated, or exercises its election to repair, restore or replace. the improvements, it shall proceed with due diligence, and at its sole cost and expense, to make such terminationrepairs, restoration or replacement in such manner as to approximate original condition, reasonable wear and tear excepted, excluding therefrom improvements or betterments to the leased premises constructed or installed by Tenant or at Tenant's direction. Landlord agrees In determining "due diligence," consideration shall be given to refund fire and other casualties, governmental restrictions and regulations, strikes, lock-outs, construction delays beyond the control of Lessor, and acts of God. In no event shall Lessor be required to repair, restore or replace the items hereinafter set forth to be repaired, restored, or replaced by Tenant. In the event Lessor is required or elects to repair, restore, or replace the improvements, Tenant any rent theretofore paid for any period of time subsequent shall proceed with due diligence, at Tenant's sole cost and expense, to such daterepair, restore or replace improvements or betterments to the leased premises constructed or installed by Tenant or at Tenant's direction, its stock-in-trade, fixtures, furniture, furnishings, equipment, other personal property and signs. Landlord Lessor shall not be required to repair responsible for, nor liable to, Tenant for any injury or damage by fire or other cause to the property of Tenant, or to make any repairs to or replacements of any panelings, decorations, railing, floor coverings or any improvements installed on the premises by Tenant. Landlord shall be responsible for repairing all uninsured damage that was damages whatsoever caused by or resulted from the gross negligence or intentional misconduct of Landlord, its agents or servants.
19.3 All proceeds from any insurance policy or policies referred to in paragraph 16 hereof, and any amounts agreed to as deductibles thereunder, payable pursuant to this paragraph 19 shall be paid by Tenant to Landlord within ten (10) days following the receipt of such proceeds by Tenant and before Landlord is required to make any of the repairs.
19.4 In respect of any damage or destruction which Landlord is obligated to repair the leased premises, nor for any delay in repairing, restoring or may elect replacing, nor for inability to repair under repair, restore, or replace, nor for any other cause whatsoever beyond Lessor's control. All property of Tenant and all property kept, stored or maintained in or upon the terms leased premises, adjacent sidewalks, loading areas or other common areas shall be at the sole risk of this paragraph, the provisions of any statute or law permitting Tenant to terminate this Lease are waived by Tenant, and Tenant specifically waives the provisions of Sections 1932, Subdivision 2, and 1933, Subdivision 4, of the Civil Code of California.
Appears in 1 contract
Damage by Fire or Other Casualty. 19.1 Except as otherwise provided herein, in the event of any damage causing a partial or total destruction of the premises during the term of this Lease from any cause that is an insured risk and provided the repairs can be made under the applicable laws and regulations of governmental authorities, Landlord shall repair said damage promptly; provided, however, that if such destruction or damage is "major destruction or damage," Landlord may terminate this Lease on 90 days' notice to Tenant. "Major destruction or damage" hereunder shall refer to destruction of or damage to the premises, the reasonable cost of repair of which exceeds two hundred fifty thousand dollars ($250,000). During any repair or restoration this Lease shall remain in full force and effect and the rent payable under this Lease shall only be abated to the extent such rent abatements are covered by insurance proceeds.
19.2 If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is less than or equal to One Hundred Fifty Thousand Dollars ($150,000.00100,000.00) and provided such repairs can be made under the applicable laws and regulations of governmental authorities, Tenant shall pay to Landlord the cost of repairing such damage and Landlord shall cause such repair to be made. If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is more than One Hundred Fifty Thousand Dollars ($150,000.00100,000.00), Tenant may elect not to pay the cost to repair such damage by giving notice at any time within thirty (30) working days after the date of such damage and terminating this Lease as of a date to be specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) working days after the giving of such notice; provided, however, if Landlord elects to pay the additional cost over $150,000 100,000 to complete the repairs, Landlord shall proceed to make the repairs and the Lease shall remain in full force and effect. In the event of the giving of such notice of termination, this Lease and all interest of Tenant in the premises shall terminate on the date so specified in such notice, and the rent shall be paid up to date on such termination. Landlord agrees to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. Landlord shall not be required to repair any injury or damage by fire or other cause to the property of Tenant, or to make any repairs to or replacements of any panelings, decorations, railing, floor coverings or any improvements installed on the premises by Tenant. Landlord shall be responsible for repairing all uninsured damage that was caused by or resulted from the gross negligence or intentional misconduct of Landlord, its agents or servants.
19.3 All proceeds from any insurance policy or policies referred to in paragraph Section 16 hereof, and any amounts agreed to as deductibles thereunder, payable pursuant to this paragraph Section 19 shall be paid by Tenant to Landlord within ten (10) days following the receipt of such proceeds by Tenant and before Landlord is required to make any of the repairs.
19.4 In respect of any damage or destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provisions of any statute or law permitting permitted Tenant to terminate this Lease are waived by Tenant, and Tenant specifically waives the provisions of Sections 1932, Subdivision 2, and 1933, Subdivision 4, of the Civil Code of California.
Appears in 1 contract
Damage by Fire or Other Casualty. 19.1 Except as otherwise provided herein, in the event of any damage causing a partial or total destruction of the premises during the term of this Lease from any cause that is an insured risk and provided the repairs can be made under the applicable laws and regulations of governmental authorities, Landlord shall repair said damage promptly; provided, however, that if such destruction or damage is "major destruction or damage," Landlord may terminate this Lease on 90 days' notice to Tenant. "Major destruction or damage" hereunder shall refer to destruction of or damage to the premises, the reasonable cost of repair of which exceeds two hundred fifty thousand dollars ($250,000). During any repair or restoration this Lease shall remain in full force and effect and the rent payable under this Lease shall only be abated to the extent such rent abatements are covered by insurance proceeds.
19.2 If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is less than or equal to One Hundred Fifty Thousand Dollars ($150,000.00) and provided such repairs can be made under the applicable laws and regulations of governmental authorities, Tenant shall pay to Landlord the cost of repairing such damage and Landlord shall cause such repair to be made. If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is more than One Hundred Fifty Thousand Dollars ($150,000.00), Tenant may elect not to pay the cost to repair such damage by giving notice at any time within thirty (30) working days after the date of such damage and terminating this Lease as of a date to be specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) working days after the giving of such notice; provided, however, if Landlord elects to pay the additional cost over $150,000 to complete the repairs, Landlord shall proceed to make the repairs and the Lease shall remain in full force and effect. In the event of the giving of such notice of termination, this Lease and all interest of Tenant in the premises shall terminate on the date so specified in such notice, and the rent shall be paid up to date on such termination. Landlord agrees to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. Landlord shall not be required to repair any injury or damage by fire or other cause to the property of Tenant, or to make any repairs to or replacements of any panelings, decorations, railing, floor coverings or any improvements installed on the premises by Tenant. Landlord shall be responsible for repairing all uninsured damage that was caused by or resulted from the gross negligence or intentional misconduct of Landlord, its agents or servants.
19.3 All proceeds from any insurance policy or policies referred to in paragraph Section 16 hereof, and any amounts agreed to as deductibles thereunder, payable pursuant to this paragraph Section 19 shall be paid by Tenant to Landlord within ten (10) days following the receipt of such proceeds by Tenant and before Landlord is required to make any of the repairs.
19.4 In respect of any damage or destruction which Landlord is obligated to repair or may elect to repair under the terms ter-ms of this paragraph, paragraph the provisions of any statute or law permitting Tenant to terminate this Lease are waived by Tenant, and Tenant specifically waives the provisions of Sections 1932, Subdivision 2, and 1933, Subdivision 4, of the Civil Code of California.
Appears in 1 contract
Damage by Fire or Other Casualty. 19.1 Except as otherwise provided herein, in If fire or other casualty shall render the event of whole or any damage causing a partial or total destruction material portion of the premises during the term of this Lease from any cause that is an insured risk and provided the repairs can be made under the applicable laws and regulations of governmental authorities, Landlord shall repair said damage promptly; provided, however, that if such destruction or damage is "major destruction or damage," Landlord may terminate this Lease on 90 days' notice to Tenant. "Major destruction or damage" hereunder shall refer to destruction of or damage to the premises, the reasonable cost of repair of which exceeds two hundred fifty thousand dollars ($250,000). During any repair or restoration this Lease shall remain in full force and effect and the rent payable under this Lease shall only be abated to the extent such rent abatements are covered by insurance proceeds.
19.2 If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servantsPremises untenantable, and the cost Premises can reasonably be expected to be made tenantable within one hundred twenty (120) days from the date of such event, then Lessor shall repair and restore the Premises and the Office Complex to as near their condition prior to the fire or other casualty as is less than or equal reasonably possible within such one hundred twenty (120) day period (subject to One Hundred Fifty Thousand Dollars ($150,000.00delays for causes beyond Lessor's reasonable control) and provided notify Lessee that it will be doing so, such repairs can be made under the applicable laws and regulations of governmental authorities, Tenant shall pay to Landlord the cost of repairing such damage and Landlord shall cause such repair notice to be made. If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is more than One Hundred Fifty Thousand Dollars ($150,000.00), Tenant may elect not to pay the cost to repair such damage by giving notice at any time mailed within thirty (30) working days after from If fire or other casualty shall render the whole or any material part of the Premises untenantable and the Premises cannot reasonably be expected to be made tenantable within one hundred twenty (120) days from the date of such event, then either party, by notice in writing to the other mailed within thirty (30) days from the date of such damage and terminating or destruction, may terminate this Lease as of effective upon a date to be specified in such notice, which date shall not be less than within thirty (30) nor more than sixty (60) working days after from the giving date of such notice; provided. In the event that more than fifty percent (50%) of the value of the specific office structure of which the Premises is a part is damaged or destroyed by fire or other casualty, howeverand irrespective of whether damage or destruction can be made tenantable within one hundred twenty (120) days thereafter, then at Lessor's option, by written notice to Lessee, mailed within forty-five (45) days from the date of such damage or destruction, Lessor may terminate this Lease effective upon a date within ninety (90) days from the date of such notice to Lessee. If fire or other casualty shall render any portion of the Premises or any material portion of the Office Complex untenantable and the insurance proceeds are not sufficient to make repairs, then Lessor may, by notice to Lessee, mailed within thirty (30) days from the date of such damages or destruction, terminate this Lease effective upon a date within thirty (30) days from the date of such notice. If the Premises or the Office Complex is damaged, and such damage is of the type insured against under the fire and special form property damage insurance maintained by Lessor hereunder, the cost of repairing said damage up to the amount of the deductible under said insurance policy shall be included as a part of the Operating Expenses. If the damage is not covered by such insurance policies and Lessor elects to repair the damage, then Lessee shall pay Lessor a pro rata share of the "deductible amount" (if any) under Lessor's insurance policies based on Lessee's percentage interest of the Premises and, if Landlord elects the damage was due to an act or omission of Lessee, Lessee shall pay Lessor the additional difference between the actual cost over $150,000 to complete of repair and any insurance proceeds received by Lessor. If fire or other casualty shall render the repairs, Landlord shall proceed to make whole or any material part of the repairs Premises untenantable and the Premises cannot reasonably be expected to be made tenantable within one hundred twenty (120) days from the date of such event and neither party hereto terminates this Lease pursuant to its rights herein or in the event that more than fifty percent (50%) of the value of the Office Complex is damaged or destroyed by fire or other casualty, and Lessor does not terminate this Lease pursuant to its option granted herein, or in the event that fifty percent (50%) or less of the value of the Office Complex is damaged or destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Lessor shall remain in full force repair and effectrestore the Premises and the Office Complex to as near their condition prior to the fire or other casualty as is reasonably possible with all due diligence and speed (subject to delays for causes beyond Lessor's reasonable control) and the rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises which is untenantable). In no event shall Lessor be obligated to repair or restore any special equipment or improvements installed by Lessee. In the event of the giving a termination of such notice of termination, this Lease and all interest of Tenant in the premises shall terminate on the date so specified in such noticepursuant to this Article XI, and the rent shall be apportioned on a per diem basis and paid up to the date on such termination. Landlord agrees to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. Landlord shall not be required to repair any injury or damage by the fire or other cause to the property of Tenant, or to make any repairs to or replacements of any panelings, decorations, railing, floor coverings or any improvements installed on the premises by Tenant. Landlord shall be responsible for repairing all uninsured damage that was caused by or resulted from the gross negligence or intentional misconduct of Landlord, its agents or servantscasualty.
19.3 All proceeds from any insurance policy or policies referred to in paragraph 16 hereof, and any amounts agreed to as deductibles thereunder, payable pursuant to this paragraph 19 shall be paid by Tenant to Landlord within ten (10) days following the receipt of such proceeds by Tenant and before Landlord is required to make any of the repairs.
19.4 In respect of any damage or destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provisions of any statute or law permitting Tenant to terminate this Lease are waived by Tenant, and Tenant specifically waives the provisions of Sections 1932, Subdivision 2, and 1933, Subdivision 4, of the Civil Code of California.
Appears in 1 contract
