Damage or Destruction to Premises. (a) If the Premises, or any portion thereof, shall be partially damaged or destroyed during the term of this Lease by fire or any casualty insurable under the standard fire and extended coverage insurance policies, to the extent that the cost of repairing such damage or destruction is fifty percent (50%) or less of the monetary value therefrom, Landlord shall repair and/or rebuild the same as promptly as possible. In such event, this Lease shall not terminate, but shall remain in full force and effect, and a proportionate reduction in the fixed minimum monthly rental shall be made from the time of such fire or casualty until the Premises are repaired or restored, except if the Tenant can use and occupy the Premises without substantial inconvenience, there shall be no reduction in rental while the Premises are being repaired. Landlord's obligation to repair shall be subject to any delays from labor troubles, material shortages, insurance claim negotiations, or any other causes, whether similar or dissimilar to the foregoing, beyond Landlord's control.
(b) If the Premises, or any portion thereof, shall be damaged or destroyed during the term of this Lease by fire or other casualty, to the extent that the cost of repairing such damage or destruction is more than fifty percent (50%) of the monetary value thereof, then, and in that event, Landlord or Tenant may, at either's option, terminate this Lease. In the foregoing instance, each party shall notify the other as to its election within sixty (60) days of the casualty in question. If either party elects to terminate this Lease, then the same shall terminate three (3) days after such notice is given, and Tenant shall immediately vacate the Premises and surrender the same to Landlord, paying the rent to the time of such vacation and surrender, subject to an equitable abatement from the time of said damage. If neither party elects to terminate this Lease, Landlord shall repair and/or rebuild the Premises as promptly as possible, subject to any delay from causes beyond its reasonable control, and the term shall continue in full force and effect, subject to equitable abatement in the rent from the time of said damage or destruction until the Premises are repaired or restored.
(c) Notwithstanding anything contained in this Section 10 to the contrary, in the event that there is material damage to the Premises due to fire or other casualty during the last year of this Lease, or in the event that the repair of any dam...
Damage or Destruction to Premises. If the Premises or any portion thereof are damaged or destroyed by fire or by other casualty, Rent shall xxxxx in proportion to the area of that portion of the Premises which, in the opinion of the Tenant’s architect or professional engineer, is thereby rendered unfit for the purposes of the Tenant until the Premises are repaired and rebuilt, and the Tenant shall repair and rebuild the Premises. The Tenant’s obligation to repair and rebuild shall not include the obligation to repair and rebuild any chattel, fixture, leasehold improvement, installation, addition or partition in respect of which the Landlord is required to maintain insurance hereunder. Rent shall recommence to be payable one (1) day after the Tenant notifies the Landlord that the Tenant has reoccupied the Premises to operate the Tenant’s business.
Damage or Destruction to Premises. This lease may not be unilaterally terminated, canceled, or altered in any way by either party if during the Term of this Lease the Premises are destroyed or damaged by fire, explosion or other casualty, regardless of whether such is or is not related to Lessee’s operations or activities at the Premises, and/or regardless of whether the Premises are wholly rendered unfit for Lessee's permitted use or not. Moreover, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, or casualty, except and to the extent such damage is caused by Lessor.
Damage or Destruction to Premises. Should the Premises be destroyed or rendered unfit for use of occupancy by fire or other casualties during the term of the lease, the Lessor may exercise the option of either terminating the lease or restoring the property by proper repair within one hundred twenty (120) days of the date upon which the premises are destroyed or rendered unfit as mentioned above. If the Lessor should elect not to terminate this lease after the Premises are destroyed or rendered unfit as described above, then the monthly rental payments shall be prorated to reflect that portion of the Premises useable by the Lessee while the Premises are being repaired.
Damage or Destruction to Premises. In the event the Premises (except for the Ag Land) are rendered untenantable by fire or other casualty, Tenant shall vacate the damaged Premises within ten (10) days and will pay no further Rent as to the damaged or destroyed portion of the Premises and Landlord shall refund to Tenant the unearned portion of any Rent paid in advance prorated to the date of damage or destruction and prorated as to that building, structure or portion thereof within the Premises so damaged or destroyed.
Damage or Destruction to Premises. This Lease is made on the condition that, if the Premises or any part thereof is damaged or destroyed by fire or other casualty from any cause, so as to render the Premises unfit for use and occupancy, a just and proportionate part of the Rent, according to the nature and extent of the damage to the Premises, shall be suspended or abated until such time as the Premises has been put in such condition as it was immediately prior to such damage or destruction. If the Premises are rendered untenantable by fire or other casualty, and are unable to be repaired within a reasonable time Tenant will vacate the Premises within 10 business days and will pay no further rent following the damage or destruction and Landlord will refund to Tenant the unearned portion of any rent paid in advance prorated to the date of damage or destruction.
Damage or Destruction to Premises. (a) If the Premises or any part thereof are destroyed, damaged or rendered unusable by fire or other casualty, LESSEE/PURCHASER shall give LESSOR/SELLER notice thereof and if repairs are not commenced to be undertaken by LESSOR/SELLER within sixty (60) days from the date of destruction or damage (and thereafter diligently pursued to completion within one hundred eighty (180) days from the date of damage), the LESSEE/PURCHASER may at any time thereafter prior to substantial completion of such repairs terminate this Lease/Purchase by giving at least thirty (30) days written notice to the LESSEE/SELLER. During the pendency of such repairs, this Lease/Purchase shall continue in full force and effect except that the damages to the Premises shall be repaired by and at the expense of
Damage or Destruction to Premises. If fire or other casualty shall cause the demised premises or the building in which they are situated to be destroyed, or damaged to such an extent as to amount practically to total destruction thereof, or if the damage caused thereby cannot be reasonably repaired within sixty (60) days from the happening of such fire or other casualty, then in any of said events, the term hereby created, shall, at the option of the Lessee, cease and become null and void from the date of such damage or destruction, upon written notice given by the Lessee not later than forty-five (45) days from the happening of such fire or other casualty, and the rent shall be apportioned to the time of such damage or destruction. In all other cases where the demised premises are destroyed or damaged by fire or other casualty, Lessor shall repair the damage with reasonable dispatch, and if such damage has rendered the premises untenantable in whole or in part, there shall be an apportionment of the rent until the damage has been repaired. In determining what constitutes "reasonable dispatch," consideration shall be given to delays caused by strikes, adjustments of insurance and other causes beyond the Lessor's control.
Damage or Destruction to Premises. In the event the premises, or any portion thereof, shall be destroyed or damaged by fire, wind, water, or other casualty so as to prevent the use of the premises for the purposes and during the periods specified herein, or the premises cannot be used because of strikes, Acts of God, or other causes beyond the control of the City, then the License shall terminate and the Licensee waives any claim against the City for damages by reason of such termination. The City shall not be obligated to repair or rebuild the premises but may elect in its sole discretion to do so.
Damage or Destruction to Premises. If at any time during the rental period, the Premises is damaged or destroyed by OHSAA including, but not limited to its employees, agents, volunteers or guests, Owner shall have the option to either repair or restore the Premises (subject to the following paragraph) to the condition that existed immediately prior to such damage or destruction or terminate this agreement as of the date of such damage or destruction. Owner shall not be liable to OHSAA for any losses, damages, injuries, costs, or expenses whatsoever relating to the Premises, including without limitation any interruption or cessation of the business of OHSAA or loss incurred as a consequence of damage to or destruction of the Premises.
