Common use of Damage/Destruction Clause in Contracts

Damage/Destruction. If the Demised Premises or the building where the Demised Premises are located should be damaged or destroyed during the term by fire or other insured casualty without the fault of Tenant, Landlord shall, subject to the time that elapses due to adjustment of fire insurance, repair and/or restore the same to substantially the condition it was in immediately prior to such damage or destruction, except as in this Article provided. Landlord's obligation under this Article shall in no event exceed the scope of the work required to be done by Landlord in the original construction of the building. Landlord shall not be required to, but Landlord shall with due dispatch, replace or restore forthwith any trade fixtures, signs or other installations theretofore installed by tenant. All Rent and Additional Rent payable under this Lease, shall be equitably abated. Such abatement shall continue for the period commencing with such damage or destruction and ending with the completion by the Landlord of such work of repair and/or reconstruction as Landlord is obligated to do. If, however, the Demised Premises or the building containing it or the other buildings in the Office Park should be damaged or destroyed by any cause so that the Landlord shall decide to demolish or to completely rebuild the Demised Premises or the building containing it or the other damaged buildings in the Office Park, Landlord may, within sixty (60) days after such damage or destruction give Tenant written notice of such decision and thereupon this Lease shall be deemed to have terminated as of the date of the damage or destruction and Tenant shall immediately quit and surrender the Demised Premises to Landlord. If damage to the Demised Premises exceeds 30% thereof during the last two years, either Landlord or Tenant may cancel this Lease.

Damage/Destruction. (a) In the event of any casualty loss exceeding $500,000 as reasonably estimated by Tenant, Tenant shall give Landlord and Lender immediate notice thereof. Tenant shall adjust, collect by check made payable to the Trustee, except as otherwise provided in Section 14(b), and compromise any and all such claims, with the consent of Lender and Landlord, not to be unreasonably withheld or delayed and Landlord and Lender shall have the right to join with Tenant therein. All proceeds pertaining to, or allocable to the Leased Premises (subject to Section 14(b)) shall be paid to a Trustee which shall be a federally insured bank or other financial institution, selected by Landlord and Tenant and reasonably satisfactory to Lender (the "Trustee"). If the Demised Leased Premises shall be covered by a Mortgage, Lender, if it so desires, shall be the Trustee. Each insurer is hereby authorized and directed upon the occurrence and during the continuance of an Event of Default to make payment under said policies directly to such Trustee instead of to Landlord and Tenant jointly. (b) All insurance proceeds received for business interruption loss and proceeds received in connection with continuation of business after an event of casualty loss (i.e., such as compensation for salaries of employees who might be displaced by such casualty and/or the resulting Restoration) shall be payable directly to Tenant and not to the Trustee. (c) In the event of any casualty (whether or not insured against) resulting in damage to the Leased Premises or any part thereof, the building where Term shall nevertheless continue and there shall be no abatement or reduction of Basic Rent, Additional Rent, Non-Rent Monetary Obligations or any other sums payable by Tenant hereunder. The Net Proceeds of such insurance payment shall be retained by the Demised Premises above-mentioned Trustee and, promptly after such casualty, Tenant shall commence and diligently continue to perform the Restoration to the Leased Premises. Upon payment to the Trustee of such Net Proceeds, the Trustee shall, to the extent available, make the Net Proceeds available to Tenant for restoration, in accordance with the provisions of Section 15. Tenant shall, whether or not the Net Proceeds are located should sufficient for the purpose, promptly repair or replace the Improvements as nearly as possible to their value and condition and character immediately prior to such event and otherwise in accordance with all Insurance Requirements and Legal Requirements and the provisions of this Lease (including Tenant's making any desired Alterations allowed hereunder) and the Net Proceeds of such loss shall thereupon be damaged or destroyed during the term by fire or other insured casualty without the fault of payable to Tenant, Landlord shall, subject to the time provisions of Section 15 hereof. (d) In the event that elapses due to adjustment of fire insurance, repair and/or restore the same to substantially the condition it was in immediately prior to such damage or destruction, except as in this Article provided. Landlord's obligation under this Article shall in no event exceed the scope of the work required to be done by Landlord in the original construction of the building. Landlord shall not be required to, but Landlord shall with due dispatch, replace or restore forthwith any trade fixtures, signs or other installations theretofore installed by tenant. All Rent and Additional Rent payable under this Lease, shall be equitably abated. Such abatement shall continue for the period commencing with such damage or destruction and ending shall occur at such time as Tenant shall not have maintained insurance in accordance with Section 13(a)(i), Tenant shall pay to the completion by Trustee the Landlord of such work of repair and/or reconstruction as Landlord is obligated to do. If, however, the Demised Premises or the building containing it or the other buildings in the Office Park should be damaged or destroyed by any cause so that the Landlord shall decide to demolish or to completely rebuild the Demised Premises or the building containing it or the other damaged buildings in the Office Park, Landlord may, within sixty (60) days after such damage or destruction give Tenant written notice of such decision and thereupon this Lease shall be deemed to have terminated as amount of the date of proceeds that would have been payable had such insurance program been in effect (the damage or destruction and "Tenant shall immediately quit and surrender the Demised Premises to LandlordInsurance Payment"). If damage to the Demised Premises exceeds 30% thereof during the last two years, either Landlord or Tenant may cancel this Lease15.

Damage/Destruction. If It is understood and agreed that, notwithstanding the Demised Premises or other provisions of this Lease, if the building where the Demised Premises are located should be Leased Space is damaged or destroyed during by fire, lightning or tempest or by other casualty against which the term by fire Landlord is insured, so as to render the Leased Space unfit for the purpose of the Tenant or other insured casualty without incapable of access, the fault of Tenantrent hereby reserved or a proportionate part thereof, Landlord shall, subject according to the time nature of the damage to the Leased Space, shall xxxxx until the Leased Space is rebuilt. The Landlord agrees that elapses due to adjustment of fire insurance, it will with reasonable diligence repair and/or restore the Leased Space and make the same capable of access, unless the Tenant is obliged to substantially repair under the condition it was in immediately prior to such damage terms hereof, or destruction, except unless this Lease is terminated as in this Article hereinafter provided. Landlord's obligation under this Article shall in no event exceed If the scope of the work required to be done by Landlord in the original construction of the building. Landlord shall not be required to, but Landlord shall with due dispatch, replace or restore forthwith any trade fixtures, signs or other installations theretofore installed by tenant. All Rent and Additional Rent payable under this Lease, shall be equitably abated. Such abatement shall continue for the period commencing with such damage or destruction and ending with the completion by the Landlord of such work of repair and/or reconstruction as Landlord is obligated to do. If, however, the Demised Premises or the building containing it or the other buildings in the Office Park should be Leased Space are damaged or destroyed by any cause so whatsoever such that the opinion of the architects of the Landlord shall decide to demolish is the demised premises cannot be rebuilt or to completely rebuild made fit for the Demised Premises or purposes of the building containing it or the other damaged buildings in the Office Park, Landlord may, Tenant within sixty (60) days of the damage or destruction, the Landlord instead of making the Leased Space fit for the Tenant may at its option terminate this Lease by giving notice of termination to the Tenant within sixty days after such damage or destruction give destruction. Thereupon rent and any other payment for which the Tenant written notice of such decision and thereupon is liable under this Lease shall be deemed apportioned and paid to have terminated as of the date of such damage and the damage or destruction and Tenant shall immediately quit deliver up possession of the Leased Space to the Landlord and remove the Solar Power System installed by the Tenant. Irrespective of whether the Leased Space is damaged or destroyed, in the event that eighty per cent or more of the area in the building is damaged or destroyed by any cause whatsoever such that in the opinion of the architects of the Landlord the same cannot be rebuilt or made fit for the purpose of the Tenant within one hundred and eighty days after such damage, notice of termination requiring vacant possession of the Leased Space thirty days after delivery of the notice of termination. Rent and any other payments for which the Tenant is liable under this Lease shall be apportioned and paid to the date on which the Leased Space was damaged or destroyed and the Tenant shall remove the Solar Power System, vacate the Leased Space and surrender the Demised Premises to Landlord. If damage same to the Demised Premises exceeds 30% thereof during the last two years, either Landlord or Tenant may cancel this LeaseLandlord.

Damage/Destruction. If thirty (30) days after said receipt), but in all events, not more than three (3) months after the occurrence of the damage, and the rent until such repairs shall be made shall be apportioned according to the part of the Demised Premises or which is usable by Tenant. Notwithstanding anything to the building where contrary herein, in the event the Demised Premises are located should be substantially damaged or destroyed during the term by fire or other insured casualty without causes so that the fault of Demised Premises cannot be operated by Tenant, then the rent and additional rent (except taxes) shall be fully abated until (a) Landlord shall, subject completes repairs to the time Demised Premises and same may be lawfully occupied by Tenant for the purposes set forth in Section 3.1 hereof, and (b) the earlier of the date Tenant opens for business or thirty (30) days after (a) occurs. Tenant acknowledges that elapses due Landlord is not obligated to adjustment of fire insurancecarry insurance on Tenant's furniture and/or furnishings or any fixtures or equipment, improvements, alterations or appurtenances owned, made or installed by Tenant, and agrees that Landlord is not obligated to repair and/or restore any damages thereto or replace the same to substantially the condition it was in immediately prior to such damage or destruction, except as in this Article providedsame. Landlord's obligation under this Article shall in no event exceed to repair and restore the scope Demised Premises is limited to the condition of the work Demised Premises as it was immediately preceding the damage. No penalty shall accrue for unavoidable delays, or any other cause beyond Landlord's control; provided, Landlord uses due diligence to complete the required repairs. Notwithstanding anything to be done by Landlord the contrary herein, in the original construction event the premises are substantially damaged by fire or other cause during the last two (2) years of the building. initial or any extended term, Tenant and Landlord shall not be required to, but Landlord shall with due dispatch, replace or restore forthwith any trade fixtures, signs or each have the right to terminate this Lease by giving thirty (30) days notice to the other installations theretofore installed by tenant. All Rent and Additional Rent payable under party of its election to terminate this Lease, shall be equitably abated. Such abatement shall continue for the period commencing with such damage or destruction and ending with the completion by the Landlord of such work of repair and/or reconstruction as Landlord is obligated to do. If, however, the Demised Premises or the building containing it or the other buildings in the Office Park should be damaged or destroyed by any cause so that the Landlord shall decide to demolish or to completely rebuild the Demised Premises or the building containing it or the other damaged buildings in the Office Park, Landlord may, within sixty (60) days after such damage or destruction give Tenant written notice of such decision and thereupon the term of this Lease shall be deemed to have terminated as of expire upon the date of the damage or destruction set forth in said notice, and Tenant shall immediately quit and surrender possession of the Demised Premises to LandlordLandlord on or before said date, and the rent and additional rent shall be apportioned and paid to said date. If damage neither party elects to terminate this Lease, then Rent shall abate until the Demised Premises exceeds 30% thereof during the last two years, either Landlord or Tenant may cancel this Leaseare restored.