Common use of DAMAGE OR DESTRUCTION BY FIRE Clause in Contracts

DAMAGE OR DESTRUCTION BY FIRE. In the event the Premises shall be damaged or destroyed either (i) by an insured casualty within Landlord's standard all-risk insurance policies to such extent that Landlord cannot make necessary repairs or rebuilt within 140 days from the date 19(a). of such damage or destruction, 19(b). (ii) by any uninsured casualty, 19(c). or (iii) or by an illegal casualty with respect to which Landlord's mortgagee requires that the insurance proceeds be applied to the indebtedness (19d)., then at Landlord's option, the Lease Agreement may be terminated 20. in which event Tenant shall be allowed an abatement of Minimum Rental and Additional Charges from the date of such damage or destruction. 20(a). 20(b). Landlord 20(c). make necessary repairs or rebuild within 10 days from the date of such damage or destruction, subject to the provisions of any deed of trust or mortgage encumbering the Premises and requiring the application of insurance proceeds to the indebtedness, then this Lease Agreement shall not terminate, the Premises shall be repaired or rebuilt by Landlord at its own expense, the Minimum Rental and Additional Charges shall abatx xxxportionately until the repairs or rebuilding are completed and possession thereof given to Tenant, and the term of this Lease Agreement shall be extended for a period equal to such period of rent abatement but not otherwise affected. Should the Premises be damaged or destroyed, nor occupied by the use of the Premises by Tenant, its agents, employees and not arising during any period when Tenant has vacated the Premises 20(d), and Landlord 20(e)., then, in that event, 20(f). may terminate this Lease Agreement by notice in writing 20(g)., however, if Landlord agrees to restore or repair the Premises to tenantable condition, then, in that event, Landlord agrees to allow Tenant a proportionate abatement of Minimum Rental and Additional Charges in an amount which bears the same proportion to the Minimum Rental as the number of square feet of damaged or destroyed floor area of the Premises occurs to be total number of square feet of floor area on the Premises, which reduction shall contain until such renovation or repair shall be completed, (h). Tenant shall in all events restore or repair its additions, improvements, and betterments to the Premises and, also, any other damage or destruction the repair or restoration of which is not provided for hereinabove. Tenant shall, in case of damage or destruction, give notice in writing to Landlord 20(i). Should fifty percent (50%) or more of the total floor area of the Shopping Center at any time be damaged or destroyed by fire or any other cause, or should Landlord's mortgages require that the insurance proceeds be applied to the indebtedness, Landlord may elect not to rebuilt 20(j). terminate this Lease Agreement by written notice to Tenant of Landlord's election to so terminate.

DAMAGE OR DESTRUCTION BY FIRE. In ETC. If the event the Premises shall be Building is damaged or destroyed either (i) by an insured casualty within Landlord's standard all-risk insurance policies fire, 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, and Landlord at its expense shall promptly restore, repair or rebuild same, to such extent that Landlord cannot make necessary repairs or rebuilt within 140 days from the date 19(a). of same condition as existed immediately prior to such damage or destruction. Should all or a portion of the Premises be made untenantable by such damage, 19(b). (ii) by any uninsured casualtyrent and additional rent, 19(c). or (iii) or by an illegal casualty with respect to which Landlord's mortgagee requires that the insurance proceeds be applied to the indebtedness (19d).if any, then at Landlord's option, the Lease Agreement may be terminated 20. in which event Tenant shall be allowed an abatement of Minimum Rental and Additional Charges adjusted proportionately from the date of such damage or destructiondestruction until ten (10) days after Landlord has repaired or restored said building in the manner and in the condition provided in this paragraph. 20(a). 20(b). Notwithstanding the foregoing, if Landlord 20(c). make necessary repairs or rebuild has not repaired and restored the Building to its condition as existed immediately prior to the damage within 10 one hundred eighty (180) days from after the date of such damage or destructionthe casualty, subject to Tenant may by written notice terminate this Lease. In the provisions of any deed of trust or mortgage encumbering the Premises and requiring the application of insurance proceeds to the indebtedness, then this Lease Agreement shall not terminate, event that the Premises shall be repaired damaged, in whole or rebuilt by in part, within the last twenty-four (24) months of the Lease Term, or any Renewal Term, or the last twelve (12) months of the last Renewal Term, Landlord shall have the option, exercisable within thirty (30) days following such damage of terminating this Lease, effective the date of giving notice thereof, provided, however, that if at its own expense, the Minimum Rental and Additional Charges shall abatx xxxportionately until time of such damage Tenant has the repairs or rebuilding are completed and possession thereof given right to Tenant, and exercise a renewal option which will extend the term of this Lease Agreement to a date no earlier than five (5) years following such damage, and if Tenant exercises such option by notice to Landlord within thirty (30) days following such damage, Landlord shall have no right to terminate under the provisions of this subparagraph, and any previously attempted exercise by Landlord of such right shall be extended for a period equal to such period of rent abatement but not otherwise affected. Should the Premises be damaged or destroyed, nor occupied by the use of the Premises by Tenant, its agents, employees and not arising during any period when Tenant has vacated the Premises 20(d), and Landlord 20(e)ineffective., then, in that event, 20(f). may terminate this Lease Agreement by notice in writing 20(g)., however, if Landlord agrees to restore or repair the Premises to tenantable condition, then, in that event, Landlord agrees to allow Tenant a proportionate abatement of Minimum Rental and Additional Charges in an amount which bears the same proportion to the Minimum Rental as the number of square feet of damaged or destroyed floor area of the Premises occurs to be total number of square feet of floor area on the Premises, which reduction shall contain until such renovation or repair shall be completed, (h). Tenant shall in all events restore or repair its additions, improvements, and betterments to the Premises and, also, any other damage or destruction the repair or restoration of which is not provided for hereinabove. Tenant shall, in case of damage or destruction, give notice in writing to Landlord 20(i). Should fifty percent (50%) or more of the total floor area of the Shopping Center at any time be damaged or destroyed by fire or any other cause, or should Landlord's mortgages require that the insurance proceeds be applied to the indebtedness, Landlord may elect not to rebuilt 20(j). terminate this Lease Agreement by written notice to Tenant of Landlord's election to so terminate.

DAMAGE OR DESTRUCTION BY FIRE. In the event the Premises shall be damaged or destroyed either (i) by an insured casualty within Landlord's standard all-risk insurance policies to such extent that Landlord cannot make necessary repairs or rebuilt rebuild within 140 ninety (90) days from the date 19(a). of such damage or destruction, 19(b). ; or (ii) by any an uninsured casualty, 19(c). or (iii) or by an illegal insured casualty with respect to which Landlord's mortgagee requires mortgage requests that the insurance proceeds be applied to the indebtedness (19d).indebtedness, then at Landlord's option, the this Lease Agreement may be terminated 20. in which event Tenant shall be allowed an abatement of Minimum Rental and Additional Charges rent from the date of such damage or destruction. 20(a). 20(b). If the Premises shall be damaged or destroyed by fire or other causes and Landlord 20(c). make necessary repairs or rebuild within 10 days from the date of such damage or destruction, subject elects to the provisions of any deed of trust or mortgage encumbering repair the Premises and requiring the application of insurance proceeds to the indebtednesscontinue this Lease, then this Lease Agreement shall not terminate, the Premises shall be repaired or rebuilt by Landlord at its own expense, the Minimum Base Rental and Additional Charges shall abatx xxxportionately until the repairs or rebuilding are completed and possession thereof given to Tenant, and the term of this Lease Agreement shall be extended for a period equal to such period of rent abatement but not otherwise affected. Should the Premises be damaged or destroyed, nor occupied by the use of the Premises by Tenant, its agents, employees and not arising during any period when Tenant has vacated the Premises 20(d), and Landlord 20(e)., then, in that event, 20(f). may terminate this Lease Agreement by notice in writing 20(g)., however, if Landlord agrees to restore or repair the Premises to tenantable condition, then, in that event, Landlord agrees to allow Tenant a proportionate abatement of Minimum Rental and Additional Charges in an amount which bears the same proportion to the Minimum Rental as the number of square feet of damaged or destroyed floor area of the Premises occurs to be total number of square feet of floor area on the Premises, which reduction shall contain until such renovation or repair shall be completed, (h)effected. Tenant shall in all events restore or repair its additions, improvements, additions and betterments improvements to the Premises and, also, any other damage or destruction the repair or restoration of which is not provided for hereinabovePremises. Tenant shall, in case of damage or destruction, give immediate notice in writing to Landlord 20(i)Landlord. Should fifty percent (50%) or more of the total floor leaseable area of the Shopping Center building in which the Premises are located at any time be damaged or destroyed by fire or any other cause, or should Landlord's mortgages require that the insurance proceeds be applied to the indebtedness, Landlord may elect not to rebuilt 20(j). rebuild any may forthwith terminate this Lease Agreement by written notice to Tenant of Landlord's election to so terminate. In the event of a casualty loss or damage which arises out of or in connection with the use, misuse, or occupancy of the Premises by Tenant, or results from the acts or omissions of Tenant, its employees, or agents, Tenant shall indemnify Landlord for any claims, loss or damage not covered under Landlords standard insurance coverage, including the deductible portion of such insurance.