Damage or Destruction by Casualty. If the Building should be substantially destroyed or damaged (which, as used herein, means destruction or material damages to at least fifty percent (50%) of the Building) by fire or other casualty, then either party hereto may, at its option, terminate this Lease by giving written notice thereof to the other party within thirty (30) calendar days after the date of such casualty. In such event, all Rent due under this Lease shall be apportioned to and shall cease as of the date of such casualty, and Tenant shall be given a reasonable period of time, not to exceed forty-five (45) calendar days after receipt of written notice of termination (or fourteen (14) days after giving notice of termination to Landlord as appropriate) under this Section 9.01, in which to remove its trade fixtures and personal property, whereupon both parties shall be released from all further obligations and liability hereunder (except for any obligations previously incurred hereunder). If neither party exercises this option, then the Building shall be reconstructed and restored at Landlord's expense, to substantially the same condition as it was prior to the casualty; provided, however, that, if Tenant has made any additional improvements pursuant to Section 8.03, Tenant shall reimburse Landlord for the cost of reconstructing the same. In the event of such reconstruction, all Rent due under this Lease shall be abated from the date of the casualty until such substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Term. Landlord shall use reasonable diligence in completing such reconstruction repairs. Notwithstanding the foregoing, if the Premises are substantially destroyed or damaged (which, as used herein, means destruction or material damages to at least fifty percent (50%) of the Premises, as applicable), then Tenant may, at its option, terminate this Lease by giving written notice thereof to Landlord within thirty (30) calendar days after the date of such casualty. In such event, all Rent due under this Lease shall be apportioned to and shall cease as of the date of such casualty, and Tenant shall be given a reasonable period of time, not to exceed thirty-five (35) calendar days, in which to remove its trade fixtures and personal property, whereupon both parties shall be released from all further obligations and liabilities hereunder (except for any obligations previously incurred hereunder).
Damage or Destruction by Casualty. If by fire or other casualty the Park is totally damaged or destroyed, either party has the option of terminating the Agreement by serving written notice upon the other within thirty (30) days from the date of the casualty or a lesser number of days as the Parties may mutually agree.
Damage or Destruction by Casualty. (a) If the Premises or any part of the Building shall be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Premises or the Building untenantable, then Landlord shall proceed to repair and restore the same to its prior existing condition with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's control. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, after the occurrence of such damage and in good faith, estimate the length of time that will be required to substantially complete the repair and restoration of such damage from the date Landlord receives authority from Landlord's insurer to proceed with the repair and restoration of the Building ("Approval Date") and shall by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will be less than one hundred eighty (180) days, Landlord shall commence such repair and restoration upon the Approval Date but in no event more than thirty (30) days after the occurrence of the damage. If the actual time for repairs and restoration exceeds one hundred eighty (180) days, Tenant may not terminate this Lease provided Landlord is diligently pursuing the repair and restoration of the Building and such repair and restoration period does not exceed two hundred seventy (270) days; provided, however, if such repair and restoration period is in excess of two hundred seventy (270) days Tenant may terminate this Lease on five (5) days written notice to Landlord. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed one hundred eighty (180) days from the Approval Date, then either Landlord or Tenant (but as to Tenant only if all or a substantial portion of the Premises are rendered untenantable and the estimated time to substantially complete the repair or restoration of the Premises will exceed such one hundred eighty (180) days from the Approval Date shall have the right to terminate this Lease as of the date of such damage upon giving notice to the other at any time within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice c...
Damage or Destruction by Casualty. If the Premises are wholly or partially destroyed by fire or other casualty, rental shall xxxxx from the date of damage or destruction in proportion to Tenant’s loss of use thereof, including 100% rent abatement if Tenant is not reasonably able to carry on its customary business, and Landlord shall, at its own expense, promptly restore the Premises to substantially the same condition as existed before damage or destruction, whereupon full rental shall resume, unless said damage was caused by Tenant’s negligence or intentional act, in which case any repair shall be at Tenant’s expense; provided, however, Landlord may by written notice to Tenant within ninety (90) days after the date of such damage or destruction elect, at its option, not to restore or repair the Premises and Landlord or Tenant may thereafter, at its option, cancel this Lease.
Damage or Destruction by Casualty. During the term of this Agreement, TENANT shall maintain adequate “all risk” property insurance covering the Existing Truck Unloading Facility on a replacement cost basis in order to repair or replace the Existing Truck Unloading Facility in the event of the damage or destruction thereof. LANDLORD shall reimburse TENANT for the cost and expense of such insurance coverage.
Damage or Destruction by Casualty. In the event that the --------------------------------- Premises and/or the Tenant Improvements at the Promises and/or the Premises Building are damaged or destroyed by fire, windstorm or other casualty, such that the damage constitutes fifty percent (50%) or greater loss, then either party hereto may terminate this Lease. In the event such loss shall constitute less than a fifty percent (50%) loss, then the Landlord shall reconstruct the Premises Building within ninety (90) days after receipt of insurance proceeds therefor (or within ninety (90) days of the occurrence of the damage if Landlord shall be self insured) and Tenant shall have a period of ninety (90) days after delivery of the reconstructed Premises Building to reconstruct the Tenant Improvements. All Rent hereunder shall be abated until Tenant's Improvements are reconstructed. In the event that reconstruction is delayed due to any acceptable force majeure, Tenant agrees that it shall forthwith clear any rubble or other destroyed or demolished Tenant Improvements and maintain the Premises in a clean and safe fashion.
Damage or Destruction by Casualty. If the Public Access Components or any part of the improvements thereon shall be damaged by fire or other casualty and if such damage or casualty renders all or a substantial portion of the Public Access Components or the improvements thereon incapable of being repaired such that they cannot be used for the intended purpose, the Manager shall have the right to (a) terminate its responsibilities for maintenance of such affected areas of the Public Access Components, and/or (b) terminate this Agreement.
Damage or Destruction by Casualty. (a) If the Premises or any part of the Building shall be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Premises or the Building untenantable, then Landlord shall proceed to repair and restore the same to its prior existing condition with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's
Damage or Destruction by Casualty. If by fire or other casualty the Park Baseball and Softball Fields are totally damaged or destroyed, either party has the option of terminating the Agreement by serving written notice upon the other within thirty
Damage or Destruction by Casualty. If the Cargill Parks are partially or totally damaged or destroyed by fire, storm, casualty, or other Acts of God and rendered dangerous or no longer able to function under the conditions contemplated under this AGREEMENT, either party has the option of terminating this AGREEMENT by serving written notice upon the other within sixty (60) days from the date of the casualty or a lesser number of days as parties may mutually agree.
