Damage or Destruction by Fire or Other Casualty Sample Clauses
Damage or Destruction by Fire or Other Casualty. Subject to Wisconsin Law, in the event that the Leased premises suffers casualty loss or damage as a result of fire or other casualty, and in the event that, as a result of said loss or damage, the Leased premises are rendered uninhabitable, and in the event the premises may be restored or the damages repaired, this Lease and the liability for rent shall continue, except that said liability for rent shall be abated during any period of repair or reconstruction. In the event the premises cannot be repaired within sixty (60) days from the happening of such damage or destruction, then this Lease shall cease and terminate from the date of such injury. Said liability for rent shall not xxxxx if the loss, damages or destruction to the demised premises is caused by the negligent or intentional acts of Lessee, Lessee's occupants, guests or invitees.
Damage or Destruction by Fire or Other Casualty. A. Tenant shall give prompt notice to Landlord in case of fire or other damage to the Premises or the Building containing the Premises. In the event the Premises are damaged by fire, explosion, flood, tornado or by the elements, or through any casualty, or otherwise, after the commencement of the term of this Lease, the Lease shall continue in full force and effect. If the extent of the damage is less than Fifty Percent (50%) of the cost of replacement of the Premises, the damage shall promptly be repaired by Landlord at Landlord's expense, provided that Landlord shall not be obligated to so repair if such fire, explosion or other casualty is caused directly by the negligence of Tenant, its subtenants, permitted concessionaires, or their agents, servants or employees, and provided further that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event of any such damage and (a) Landlord is not required to repair as hereinabove provided, or (b) the Premises shall be damaged to the extent of Fifty Percent (50%) or more of the cost of replacement, or (c) the Building of which the Premises are a part is damaged to the extent of Twenty-Five Percent (25%) or more of the cost of replacement, or (d) all buildings (taken in the aggregate) in the Building shall be damaged to the extent of more than Twenty-Five Percent (25%) of the aggregate cost of replacement, Landlord may elect either to repair or rebuild the Premises or the Building or buildings, or to terminate this Lease upon giving notice of such election to Tenant within Ninety (90) days after the occurrence of the event causing the damage.
B. If the casualty, repairing, or rebuilding shall render the Premises untenantable, in whole or in part, and the damage shall not have been due to the default or neglect of Tenant, a proportionate abatement of the Fixed Minimum Rent shall be allowed from the date when the damage occurred until the date Landlord completes the repairing or rebuilding, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenantable bears to the floor area of the Premises. If Landlord is required or elects to repair the Premises as herein provided, Tenant shall repair or rep...
Damage or Destruction by Fire or Other Casualty. If, during the Term, the Premises is partially or totally damaged or destroyed by fire or other casualty, Tenant shall, at its sole cost and expense, repair and restore the Premises as speedily as possible, to the value, character and condition existing prior to such damage or destruction in accordance with the provisions of this Lease applicable to maintenance and repair, alterations and restoration. If the insurance proceeds resulting from such fire or other casualty are payable to the Landlord’s Mortgagee or the holder of any future Mortgage Debt, then the obligation of Tenant to so repair and restore the Premises shall be subject to the availability to Tenant of such proceeds to the extent needed to pay for such repair or restoration, In the event insurance proceeds are not made available to the Tenant, then Tenant shall not be obligated to repair and restore the Premises until such time as Landlord has made available to Tenant funds in an amount equal to the insurance proceeds paid to the Landlord’s Mortgagee or the holder of any future Mortgage Debt, and Rent shall continue to be paid by Tenant for so long as rent loss and/or business interruption insurance proceeds are available, after which Rent shall xxxxx; provided, however, if Landlord fails to make such funds available within twelve (12) months after the date of such casualty, Tenant shall have the right to cancel and terminate this Lease. Landlord shall use commercially reasonable efforts in good faith at Tenant’s expense to cause insurance proceeds to be made available to Tenant by Landlord’s Mortgagee for purposes of such repair and restoration. Tenant shall be obligated to meet all reasonable conditions imposed on the use of any such insurance proceeds by the Landlord’s Mortgagee. If such insurance proceeds are made available to Tenant by the Landlord’s Mortgagee or the holder of any future Mortgage Debt and are insufficient to repair and restore the Premises, Tenant shall be required to make up such deficiency out of Tenant’s own funds. Except as provided above, there shall be no abatement or reduction of any Rent under this Lease due to any such damage, destruction or repair or restoration and Tenant shall have no right to terminate this Lease notwithstanding the partial or total destruction of all or any part of the Premises.
Damage or Destruction by Fire or Other Casualty. Subject to Wisconsin Law, if the Leased Premises suffers casualty loss or damage as a result of fire or other casualty, and if, as a result, the Leased Premises are rendered uninhabitable but are restored or the damages repaired, this Lease and the liability for rent will continue, except that rent will be abated during any period of repair or reconstruction. In the event the Leased Premises cannot be repaired within sixty (60) days from the fire or other casualty, then this Lease will cease and terminate from the date of the loss and no further rent will be due. Lliability for rent will not xxxxx if the loss, damages or injury to the Leased Premises is caused by the negligence of Tenant, Xxxxxx's occupants, guests or invitees.
Damage or Destruction by Fire or Other Casualty. If the Premises are destroyed or rendered untenantable, either wholly or in part, by fire or other unavoidable casualty, Landlord shall diligently repair at its cost any injury or damage to the Building itself and the initial permanently affixed improvements to the Premises made by Landlord or existing in the Premises as of the date of delivery of possession of the Premises to Tenant, and in the meantime the rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole thereof. Tenant shall pay the cost of repairing or replacing all other improvements in the Premises and Tenant’s trade fixtures, furnishings, equipment and other personal property. Notwithstanding the foregoing, Landlord shall, within sixty (60) days after the date Landlord learns of the necessity for repairs as a result of damage, notify Tenant of Landlord’s estimated assessment of the period of time in which the repairs that Landlord is responsible for under this Section 15 will be completed (“Damage Repair Estimate”), which assessment shall be based upon the opinion of a contractor reasonably selected by Landlord and experienced in comparable repairs of office buildings. If the Damage Repair Estimate indicates that such repairs cannot be completed within one hundred eighty (180) days after being commenced, either Landlord or Tenant may elect, not later than thirty (30) days after delivery of the Damage Repair Estimate, to terminate this Lease by written notice to the other effective as of the date specified in such notice. Notwithstanding anything in this Section 15 to the contrary, a total destruction of the Building shall automatically terminate this Lease.
Damage or Destruction by Fire or Other Casualty. If the Premises are destroyed or rendered untenantable, either wholly or in part, by fire or other unavoidable casualty, Landlord may, at its option, restore the Premises to their previous condition, and in the meantime the rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole thereof, unless the casualty results from the negligence or willful misconduct of Tenant, Tenant’s officers, contractors, agents, invitees, licensees or employees. Landlord may, however, in its sole discretion within thirty (30) days after the happening of such casualty, notify Tenant of its election not to restore the Premises, in which event this Lease shall terminate.
Damage or Destruction by Fire or Other Casualty. In the event that the building located on the Leased Premises is destroyed by fire or other casualty or act of God, then this Lease Agreement shall terminate as of the time of such destruction without action on the part of either the LESSOR or the LESSEE. In the event that the building located on the Leased Premises is so damaged by fire, other casualty, or act of God that more than fifty percent (50%) of the floor space of the building cannot reasonably be used by LESSEE in the conduct of its activities, or the building is so damaged by fire or other casualty or act of God that it cannot, in the LESSOR’s opinion, be economically repaired, then either party shall have the option to terminate this Lease Agreement by the provision of written notice to the other party.
Damage or Destruction by Fire or Other Casualty a. If, during the Term, the Project is damaged or destroyed by fire, tornado, or other casualty, regardless of its cause, GCIH1 must immediately give the City written notice of the damage or destruction.
b. If, during the Term, a fire, tornado, or other casualty or other occurrence, whether or not caused in whole or in part by the negligence, gross negligence, or intentional tort of GCIH1 or any person in or about the Property, destroys, in whole or in part, or damages the Project as determined by the City, then GCIH1 shall rebuild the Project to the same or better condition it was in at the time of such destruction or damage within one year of the destruction or damage. GCIH1 shall have the obligation to prosecute diligently such work and complete the same within a reasonable period of time as determined by the City. If GCIH1 fails to timely do so, GCIH1 shall be deemed in default of this Agreement.
Damage or Destruction by Fire or Other Casualty. If the Premises or any part thereof shall be damaged or destroyed by fire or other casualty during the term of the Lease, Tenant shall promptly repair all such damage and restore the Premises, subject to delays due to adjustment or insurance claims, strikes and other causes beyond Tenant's control. If such damage or destruction shall render the Premises untenantable in whole or in part, the rent shall be abated, wholly or proportionately as the case may be until the damage shall be repaired and the Premises restored. If the damage or destruction shall be so extensive as to require substantial rebuilding (i.e., expenditure of fifty (50%) percent or more of replacement cost) of the building on the Premises, Landlord or Tenant may elect to terminate this Lease by written notice to the other given within thirty (30) days after the occurrence of such damage or destruction.
Damage or Destruction by Fire or Other Casualty. If at any time the premises becomes totally untenantable by reason of damage or loss by fire or other casualty and such fire or other casualty shall not have been caused by the negligence or wrongful act or omission of Tenant, Tenant's servant, agents, licensees or invitees, the rent shall xxxxx until the premises have been restored to tenantable condition, but nothing herein is to be constructed as requiring Landlord to rebuild or restore the premises. In the event of a loss from fire or other casualty, Landlord shall have the election not to rebuild or recondition the premises which such election may be exercised by written notice thereof to Tenant, given within thirty (30) days from the date of said loss. For purposes of this Article 8, "