Damage or Destruction; Duty to Restore Sample Clauses

Damage or Destruction; Duty to Restore. If the Premises or any portion thereof are damaged or destroyed at any time during the Lease Term, one of the following will occur as directed by the Lessor:
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Damage or Destruction; Duty to Restore. If the Premises or the Improvements, or any portion thereof, are damaged or destroyed at any time during the Term and this Lease is not terminated by either party pursuant to and in accordance with this Article 22, Lessee, as promptly as practicable and with all due diligence (given the time required to obtain insurance proceeds and to obtain construction permits), shall cause the repair, reconstruction and replacement of the Improvements as nearly as possible given the circumstances and then-Applicable Law to their condition immediately prior to such damage or destruction and, except as otherwise approved in writing by Lessor or precluded by then-Applicable Law, to their same general appearance. Notwithstanding the foregoing, Lessee shall have the right to elect not to restore any building that is damaged where the cost to repair and restore such building to substantially the same condition as existed immediately prior to such damage exceeds thirty-three percent (33%) of the Full Insurable Replacement Value of such building and the damage is not covered by special form insurance which Lessee is required to maintain under this Lease (not including the amount of any deductible); provided, however, that Lessee shall be obligated to repair or restore the Premises such that at least seventy-five percent (75%) of the square footage comprising the Improvements in existence immediately prior to such damage (the “Pre-Existing Square Footage”) is available for occupancy. If Lessee elects not to restore any such building(s) pursuant to the foregoing right, then the following shall apply: (a) Lessee shall cause such building(s) to be demolished and removed in accordance with Applicable Law, and shall clear, level and landscape the area of such building(s) in a manner comparable to the remainder of the Premises; and (b) the amount of Minimum Annual Rent shall not be changed or abated. In addition, if any damage or destruction occurs that is not covered by special form insurance which Lessee is required to maintain under this Lease (not including the amount of any deductible) and there is less than fifteen (15) but more than five (5) years remaining in the Term, then
Damage or Destruction; Duty to Restore. 1781 If the Premises or the improvements, or any portion thereof, 1782 are damaged or destroyed at any time during the Term and this 1783 Lease is not terminated by either party pursuant to and in ac- 1784 cordance with this Section 18, Tenant, as promptly as practi- 1785 cable and with all due diligence (given the time required to ob- 1786 tain insurance proceeds and to obtain construction permits), 1787 shall cause the repair, reconstruction and replacement of the 1788 improvements as nearly as possible given the circumstances 1789 and then-Applicable Law to their condition immediately prior 1790 to such damage or destruction and, except as otherwise ap- 1791 proved in writing by Landlord or precluded by then- 1792 Applicable Law, to their same general appearance.
Damage or Destruction; Duty to Restore. If the Premises or any portion thereof are damaged, destroyed, or rendered otherwise unusable for the purposes of the Lease due to damage to portions of the Xxxxxxxxx Xxxxx House beyond the Premises at any time during the Lease Term, one of the following will occur as directed by the Lessor:
Damage or Destruction; Duty to Restore. If the Premises, or any portion thereof, are damaged or destroyed at any time during the Term and this Lease is not terminated by either party pursuant to and in accordance with this Article, Tenant, as promptly as practicable and with all due diligence, shall cause the repair, reconstruction and replacement of the Improvements to a condition substantially equal to or better than their condition immediately prior to such damage or destruction and, except as otherwise approved in writing by Landlord, to their same general appearance. If at the time of any event of damage or destruction or Appropriation, the Premises do not include the entire Complex, then unless this Lease is terminated by Tenant pursuant hereto, Landlord shall, as promptly as practicable and with all due diligence, cause the repair, reconstruction and replacement of any portion of the Common Area affected thereby to a condition substantially equal to or better than its condition immediately prior to such event, and, unless otherwise reasonably approved by Tenant, to their same general appearance. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to repair or restore any damage to the Premises or the Complex resulting from any Hazardous Materials other than Tenant's Hazardous Materials.
Damage or Destruction; Duty to Restore. If the Property or any portion thereof are damaged or destroyed at any time during the Term, Lessee, as promptly as practicable and with all due diligence, shall cause the repair and reconstruction of the Property and all improvements thereon to a condition substantially equal to or better than their condition immediately prior to such damage or destruction.
Damage or Destruction; Duty to Restore. If the Premises or the improvements, or any portion thereof, are damaged or destroyed at any time during the Term and this Lease is not terminated by either party pursuant to and in accordance with this Section 18, Tenant, as promptly as practicable and with all due diligence (given the time required to obtain insurance proceeds and to obtain construction permits), shall cause the repair, reconstruction and replacement of the improvements as nearly as possible given the circumstances and then-Applicable Law to their condition immediately prior to such damage or destruction and, except as otherwise approved in writing by Landlord or precluded by then-Applicable Law, to their same general appearance.
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Related to Damage or Destruction; Duty to Restore

  • Damage or Destruction (a) If (i) the Premises Site shall be damaged to the extent of more than twenty-five percent (25%) of the cost of replacement thereof, respectively, or (ii) the proceeds of Landlord’s insurance recovered or recoverable as a result of the damage shall be insufficient to pay fully for the cost of replacement of the Premises and the Building in which they are located and Tenant is unwilling to make up such insufficiency, or (iii) the Premises or said Building shall be damaged as a result of a risk which is not covered by Landlord’s insurance, or (iv) the Premises shall be damaged in whole or in any part during the last one (1) year of the Lease term or of any renewal term hereof or (v) the Building of which the Premises are a part shall be damaged to the extent of fifty percent (50%) or more of the cost of replacement thereof, whether or not the Premises shall be damaged; then in any such event Landlord, in its sole discretion, may terminate this Lease by notice given within sixty (60) days after such event and upon the date specified in such notice, which shall not be less than thirty (30) days nor more than sixty (60) days after the giving of said notice, this Lease shall terminate and come to an end, and Tenant shall vacate and surrender the Premises to Landlord. If this Lease shall not be canceled and if the repair or restoration shall take one hundred eighty (180) days or more, Landlord shall notify Tenant within sixty (60) days from the damage or destruction and Tenant shall have twenty (20) days from receipt of said notification to terminate this Lease by delivering written notice to Landlord within said twenty (20) day period. Following the casualty an equitable abatement of the rent and additional charges shall be allowed based upon the extent to which Tenant’s use of the Premises is diminished from the date when the damage occurred until completion of the repairs or rebuilding or, in the event Landlord or Tenant elects to terminate this Lease, until said date of termination. Notwithstanding the foregoing, Landlord shall not have the right to terminate the Lease if the damage to the Building is (a) due to a risk required to be insured against under Section 13(d) of the Lease or (b) relatively minor (e.g., repair or restoration would cost less than ten percent (10%) of the replacement cost of the Building).

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