DAMAGE OR DESTRUCTION OF PREMISES. If, in our opinion, your Bedroom should become unavailable or unlivable during the Lease Term because of damage or destruction by fire or other casualty, we shall have the right to terminate this Lease, or move you to similar accommodations within the Community and repair and restore your Bedroom. In the event of such damage or destruction to your Bedroom your obligations to pay Rent will be waived only if we terminate this Lease, or do not furnish you with a bedroom within the Community or reasonably similar accommodation.
DAMAGE OR DESTRUCTION OF PREMISES. If, in the opinion of the Landlord, the Premises or Property should become un-tenantable during the term hereof because of damage or destruction by fire, flood, necessary repairs or other occurrence, Landlord shall have the right to opt to terminate this lease. In the event of such damage or destruction to the Premises or Property not caused by the Resident or Resident’s guests’ act or neglect, Resident’s obligations to pay rent hereunder shall be abated only if Landlord terminates this Lease or does not furnish Resident with substitute living accommodations. Landlord may opt to relocate Resident to substitute living accommodations (which may be a hotel room shared with up to one other roommate of the Unit, based on a monthly rate comparable to Bedroom monthly rate, availability, and other factors as dictated by the hotel, or a temporary Unit in another location) until possession of the permanent Unit is given, or a maximum of sixty (60) days from the date Unit became un-tenantable. During this period, if substitute living accommodations are provided, Rent will be due as normal. If Resident opts to provide their own temporary housing, with Landlord’s approval, Rent will be prorated during the time that the Unit in un-tenantable, which will be calculated by dividing the Total Rent Amount over the full term of the Lease to determine a daily rent amount, then multiplying it by the number of days the Unit is un-tenantable, and the remaining rent is still due as normal. In the event possession cannot be delivered within such sixty (60) day period, then Resident or Landlord will have the option to terminate this Lease Agreement, via written notice, on a date reasonably determined by Landlord, and all rights and obligations thereunder shall terminate. If damage or destruction of the Premises or its furnishings is determined to be caused by the Resident or Resident’s guests’ act or neglect, all terms outline in this section apply, but Resident and/or Guarantor hereby agree to pay for all repairs and damages (including replacement costs) beyond those attributed to normal wear and tear, as well as the increased cost of substitute living accommodations and other costs to Landlord. Payment of rent is not discretionary, and during a period of untenantability, whether or not Resident continually occupies the Unit, Resident cannot stop payment of or reduce Rent.
DAMAGE OR DESTRUCTION OF PREMISES. 12.1 In the event the buildings or other structures on the Premises are damaged or destroyed, then so long as the cost of repairing such damage or destruction is fully covered by insurance policies carried by the Landlord (except for deductible amounts, which shall be paid by Tenant subject to the limitation on the deductible amounts as provided in Paragraph 8.1), Landlord shall repair and restore such improvements then owned by Landlord (but not any of Tenant’s trade fixtures, furnishings or equipment) to their condition existing prior to said damage or destruction, and this Lease shall continue in full force and effect. Any damage or destruction of the type described above is referred to herein as an “Insured Loss.” The proceeds of insurance maintained pursuant to Paragraph 8.1 shall be used to pay the cost and expense of repairing and rebuilding the Premises.
12.2 In the event the Building is damaged or destroyed, and the cost of repairing such damage or destruction is not fully covered by insurance policies carried by Landlord (an “Uninsured Loss”), then so long as the portion of the cost of repairing such damage or destruction which is not covered by the insurance policies carried by Landlord does not exceed Two Hundred Fifty Thousand Dollars ($250,000) (the “Cap Amount”)(excluding deductible amounts), then Landlord shall promptly make payment of its share thereof and repair such damage or destruction to the Building. Landlord shall repair and restore the improvements then owned by Landlord (but not any of Tenant’s trade fixtures, furnishings or equipment) to their condition existing prior to said damage or destruction, and this Lease shall continue in full force and effect. In the event of an Uninsured Loss in which the portion of the cost of repairing such damage or destruction which is not covered by insurance policies carried by Landlord exceeds the Cap Amount, Landlord and Tenant shall each have the right to terminate this Lease upon thirty (30) days written notice to the other. However, if a party has elected to terminate this Lease pursuant to this Paragraph 12.2, the other party may prevent termination of the Lease pursuant to this Paragraph 12.2 by paying the entire amount by which the cost of repairing such Uninsured Loss exceeds the Cap Amount.
12.3 The Minimum Rent payable by Tenant pursuant to the provisions of Paragraph 4.1, together with Tenant’s payment obligations for real estate taxes, insurance premiums and landscaping expenses, sha...
DAMAGE OR DESTRUCTION OF PREMISES. If the dwelling unit or premises is damaged or destroyed by fire or casualty to an extent that the tenant's enjoyment of the dwelling unit is substantially impaired or required repairs can only be accomplished if the tenant vacates the dwelling unit, either the tenant or the landlord may terminate the rental agreement. The tenant may terminate the rental agreement by vacating the premises and within 14 days thereafter, serving on the landlord a written notice of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating. If continued occupancy is lawful, § 55.1-1411 shall apply. The landlord may also terminate the rental agreement by giving the tenant 14 days' notice of his intention to terminate the rental agreement on the basis of the landlord's determination that such damage requires the removal of the tenant and that the use of the premises is substantially impaired, in which case the rental agreement terminates as of the expiration of the notice period. If the rental agreement is terminated, the landlord shall return all security deposits in accordance with § 55.1- 1226 and prepaid rent, plus accrued interest, recoverable by law unless the landlord reasonably believes that the tenant, an authorized occupant, or a guest or invitee of the tenant was the cause of the damage or casualty, in which case the landlord shall provide a written statement to the tenant for the security and prepaid rent, plus accrued interest based upon the damage or casualty, and may recover actual damages sustained pursuant to § 55.1-1251. Proration for rent in the event of termination or apportionment shall be made as of the date of the casualty.
DAMAGE OR DESTRUCTION OF PREMISES. In the event of damage to the PREMISES by fire, water, or other hazard, or in the event of malfunction of equipment or utilities, RESIDENT shall immediately notify MANAGEMENT. If the damages are such that occupancy can be continued, MANAGEMENT shall make repairs as needed with reasonable promptness and rent shall not xxxxx during the period of such repairs. If, in MANAGEMENT’S opinion and subject to Section 55-248.24 of the Code of Virginia, the PREMISES are damaged as to be unfit for occupancy, but if MANAGEMENT elects to make repairs, the rent provided in this LEASE shall xxxxx during the period of time when the PREMISES are not fit for occupancy, but in all other respects the terms and provisions hereof shall continue in full force and effect. In the event the PREMISES are so damaged or destroyed as to be, in the sole opinion of the MANAGEMENT, incapable of being satisfactorily repaired, then this LEASE shall terminate and RESIDENT shall be liable only for rental payments up to the date of such damage or destruction; or, at the option of MANAGEMENT, RESIDENT agrees to accept a comparable apartment unit in the Apartment Community for the remaining term of this LEASE.
DAMAGE OR DESTRUCTION OF PREMISES. If any portion of the Premises or the Tenant Improvements is damaged in any manner, Tenant shall promptly remove from the Airport all debris and cause repairs to be made to restore the same to an orderly and safe condition. All work shall be performed in accordance with plans and specifications that are approved by City as being consistent with or better than the original improvements. Tenant shall apply all proceeds that are made available from Tenant’s insurance policies (or those of any subtenant or assignee) to performing such work. If City performs such work pursuant to Section 10.B, such insurance proceeds shall be paid to City. If the Premises or Tenant Improvements are tenantable despite such damage, Tenant shall not receive any abatement of Tenant’s rent obligations. To the extent that any portion is rendered untenantable by such damage in light of the purposes of this Agreement (as determined by City in its sole discretion), rent shall continue if Tenant has business interruption insurance, or if Tenant does not have such insurance, City shall xxxxx Tenant’s rent proportionately until repairs have been substantially completed (as determined by City in its sole discretion).
DAMAGE OR DESTRUCTION OF PREMISES. If the Premises or any part thereof shall be damaged by fire or other insured casualty, then, subject to the following provisions of this Section, Landlord shall proceed with diligence, subject to then applicable laws and at the expense of Landlord to cause to be repaired such damage, excluding any items installed or paid for by Tenant which Tenant is required or permitted to remove upon expiration (which items shall be Tenant's responsibility to repair). Notwithstanding the foregoing: (i) Landlord shall not be obligated to expend for such repair any amount in excess of the net insurance proceeds made available to Landlord after deduction therefrom of Landlord's expenses in obtaining such proceeds and any amounts applied by any mortgagee to obligations other than the repair of the Premises; and (ii) if any damage occurs through the act or neglect of Tenant or persons acting under Tenant or if any act or neglect of Tenant or such person prevents Landlord or its mortgagees from collecting all insurance proceeds, then the cost of repairing the casualty damage shall be paid by Tenant and there shall be no abatement of rent except to the extent any insurance proceeds are actually received by Landlord or mortgagees or proceeds would have been recovered if Landlord had maintained the insurance required to be maintained under Section 6.4 (Landlord agreeing to, if necessary). If any casualty occurs to more than fifty percent (50%) of the warehouse portion of the Premises or twenty-five percent (25%) of the call center/office portion of the Premises during the last twelve (12) months of the Term (as the same may have been extended), then in any such case, this Lease and the Term hereof may be terminated at the election of Landlord or Tenant by a notice in writing of its election so to terminate given to the other party within one (1) month following such casualty, the effective termination date being not less than thirty (30) nor more than sixty (60) days after the date of such notice. If the Building or the Premises shall be damaged or destroyed by fire or other casualty, then Tenant shall be entitled to a just abatement of Annual Base Rent to the extent the Premises have been rendered untenantable for the period from the date of such damage or destruction to the date the Premises shall be substantially repaired or restored, PROVIDED, HOWEVER, should Tenant reoccupy a portion of the Premises during the period the restoration work is taking place and prior to the da...
DAMAGE OR DESTRUCTION OF PREMISES. If the Premises shall be damaged or destroyed in whole or in part, by fire, acts of God, war or casualty or any other means so as to make the same unusable for the purposes hereof, the Landlord shall have the option of repairing the Premises or of canceling this Lease in its entirety as of the date of the damage or destruction of the Premises. There shall be no obligation whatsoever on the Landlord to repair or rebuild the Premises in case of damage or destruction. If the Landlord elects to repair or rebuild the damaged Premises, during the period that the Premises are unusable by the Tenant for the purposes hereof, the rent shall be abated until the Premises are restored to a good tenable condition. If the Premises are unusable in part, the rent shall be prorated until the Premises can be restored to a good and tenable condition provided that:
A. If any delay in repair or restoration is caused by the Tenant failing to adjust its own insurance or remove its damaged goods, equipment or other property within a reasonable time, the rent shall not xxxxx during the period of such delay.
B. If any damage to the Premises is caused by the negligent or willful acts or omissions of the Tenant, its agents or employees, there shall be no rent abatement.
DAMAGE OR DESTRUCTION OF PREMISES. In the event of damage to the Premises by fire, water or other hazard, and the damages are such that Resident’s occupancy can be continued, Owner shall make such repairs as needed with reasonable promptness and rent shall NOT xxxxx during the period of such repairs. If in Owner’s opinion, the Premises are so damaged as to be unfit for occupancy, and Owner elects to make such repairs, the rent provided for herein shall xxxxx during the period of time the Premises are not occupied by Resident, but in all other respects the terms and provisions hereof shall continue in full force and effect. Should repair necessitate Resident vacates the Premises for a period of time, Resident is obligated to vacate as instructed by Owner and rent shall xxxxx during this period. Under no circumstances, terms or condition shall rent xxxxx if damages are caused by the tenant. In the event that the Premises are so damaged or destroyed as to be, in the sole opinion of Owner, incapable of being satisfactorily repaired, then this Agreement shall terminate and Resident shall immediately vacate. In such case, Resident shall pay rent up to the day Resident vacates the Premises.
DAMAGE OR DESTRUCTION OF PREMISES. In the event of damage to the Premises by fire, water or other hazard, and the damages are such that Resident’s occupancy can be continued, Owner shall make such repairs as needed with reasonable promptness and rent shall NOT xxxxx during the period of such repairs. If in Owner’s opinion, the Premises are so damaged as to be unfit for occupancy, and Owner elects to make such repairs, the rent provided for herein shall xxxxx during the period of time the Premises are not occupied by Resident, but in all other respects the terms and provisions hereof shall continue in full force and effect. In the event that the Premises are so damaged or destroyed as to be, in the sole opinion of Owner, incapable of being satisfactorily repaired, then this Agreement shall terminate and Resident shall immediately vacate. In such case, Resident shall pay rent up to the day Resident vacates the Premises.
