Common use of Damage - Insured Clause in Contracts

Damage - Insured. In the event that the Premises is damaged by fire or other casualty which is covered under insurance pursuant to the provisions of Section 11 above, Landlord shall restore such damage provided that: (i) insurance proceeds are available (inclusive of any deductible amounts) to pay one hundred percent (100%) of the cost of restoration; and (ii) in the reasonable judgment of Landlord, the restoration can be completed within three hundred and sixty (360) days after the date of the damage or casualty under the laws and regulations of the state, federal, county and municipal authorities having jurisdiction. The deductible amount of any insurance coverage shall be paid by Tenant except in the case of flood or earthquake and in such case the deductible amount in excess of $20,000 per occurrence shall be paid by Landlord. If such conditions apply so as to require Landlord to restore such damage pursuant to this Section 18.1, this Lease shall continue in full force and effect, unless otherwise agreed to in writing by Landlord and Tenant. Tenant shall be entitled to a proportionate reduction of Rent at all times during which Tenant's use of the Premises is interrupted, such proportionate reduction to be based on the extent to which the damage and restoration efforts interfere with Tenant's business in the Premises. Tenant's right to a reduction of Rent hereunder shall be Tenant's sole and exclusive remedy in connection with any such damage.

Appears in 6 contracts

Samples: Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/)

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Damage - Insured. In the event that the Building containing the Premises is damaged by fire or other casualty which is covered under insurance pursuant to the provisions of Section 11 (P)18. above, Landlord shall restore such damage provided that: (i) the destruction of the Building containing the Premises does not exceed sixty percent (60%) of the then replacement value of the Building containing the Premises; (ii) the insurance proceeds are available (inclusive of any deductible amounts) to pay one hundred percent (100%) of the cost of restoration; and (iiiii) in the reasonable judgment of Landlord, the restoration can be completed within three two hundred and sixty seventy (360270) days after the date of the damage or casualty under the laws and regulations of the state, federal, county and municipal authorities having jurisdiction. The deductible amount of any insurance coverage shall be paid by Tenant except in the case of flood or earthquake and in such case the deductible amount in excess of $20,000 per occurrence shall be paid by LandlordTenant. If such conditions apply so as to require Landlord to restore such damage pursuant to this Section 18.1(P)17.a., this Lease shall continue in full force and effect, unless otherwise agreed to in writing by Landlord and Tenant. Tenant shall be entitled to a proportionate reduction of Rent at all times during which Tenant's use of the Premises is interruptedwhile such restoration lakes place, such proportionate reduction to be based on the extent to which the damage and restoration efforts interfere with Tenant's business in the Premises. Tenant's right to a reduction of Rent hereunder shall be Tenant's sole and exclusive remedy in connection with any such damage.

Appears in 1 contract

Samples: Standard NNN Lease (Infoseek Corp)

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Damage - Insured. In the event that the Building containing the Premises is damaged by fire or other casualty which is covered under insurance pursuant to the provisions of Section 11 Paragraph 16. above, Landlord shall restore such damage provided that: (i) the destruction of the Building containing the Premises does not exceed sixty percent (60%) of the then replacement value of the Building containing the Premises; (ii) the insurance proceeds are available (inclusive of any deductible amounts) to pay one hundred percent (100%) of the cost of restoration; and (iiiii) in the reasonable judgment of Landlord, the restoration can be completed within three two hundred and sixty seventy (360270) days after the date of the damage or casualty under the laws and regulations of the state, federal, county and municipal authorities having jurisdiction. The deductible amount of any insurance coverage shall be paid by Tenant except in the case of flood or earthquake and in such case the deductible amount in excess of $20,000 per occurrence shall be paid by LandlordTenant. If such conditions apply so as to require Landlord to restore such damage pursuant to this Section 18.1Paragraph 17.a., this Lease shall continue in full force and effect, unless otherwise agreed to in writing by Landlord and Tenant. Tenant shall be entitled to a proportionate reduction of Rent at all times during which Tenant's use of the Premises is interruptedwhile such restoration takes place, such proportionate reduction to be based on the extent to which the damage and restoration efforts interfere with Tenant's business in the Premises. Tenant's right to a reduction of Rent hereunder shall be Tenant's sole and exclusive remedy in connection with any such damage.

Appears in 1 contract

Samples: Standard NNN Lease (Infoseek Corp)

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