Common use of Damage or Destruction to Premises Clause in Contracts

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 damage by fire or other casualty could reasonably be expected to take more than twelve (12) months to complete, then Tenant may elect to terminate this Lease upon written notice to Landlord.

Damage or Destruction to Premises. (a) If the Premisesleased 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 but are not wholly untenantable, the extent that the cost of repairing such damage or destruction is fifty percent (50%) or less of the monetary value therefrom, Landlord Lessor shall repair and/or rebuild the same as promptly as possible, provided that the proceeds from Lessor's insurance policies are available to Lessor. The Lessor shall not be required to repair or rebuild any fixtures, installations, improvements, or leasehold improvements made to the interior of the leased premises by Lessee, nor Lessee's exterior signs. Such repairs and/or replacements are to be made by Lessee. In such event, this the 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 said premises are repaired or restored, except except (i) if the Tenant Lessee can use and occupy the Premises leased premises without substantial inconvenience; or (ii) if said repairs are delayed at the request or by reason of any act on the part of the Lessee which prevents or delays the repair of said premises by Lessor, there shall be no reduction in rental while the Premises said premises are being repaired, nor for any period of delay caused by or requested by Lessee. Landlord's Lessors 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 LandlordLessor's control. (b) If the Premisesleased premises are rendered wholly untenantable by fire or other cause, or any portion thereof, shall if the leased premises or the building in which they are located should 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%) or more of the monetary value of either thereof, whether the leased premises themselves be damaged or not, or so that fifty percent (50%) or more of the floor space contained in either thereof shall be rendered untenantable, then, and in that event, Landlord or Tenant Lessor may, at either's its option, terminate this Lease or elect to repair or rebuild the same. If, as a result of any damage either to the leased premises or to the building of which they are a part, the Lessor determines to demolish or rebuild the premises, or the building of which they are a part, then, and in any such event, the Lessor may also terminate this Lease. In any of the foregoing instanceinstances, each party the Lessor shall notify the other Lessee as to its election within sixty (60) days of after the casualty in question. If either party the Lessor elects to terminate this Lease, then the same shall terminate three (3) days after such notice is given, and Tenant the Lessee shall immediately vacate the Premises leased premises and surrender the same to Landlordthe Lessor, provided, however, Lessee shall be granted a reasonable time to remove its personal property, 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 the Lessor does not elect to terminate this Lease, Landlord the Lessor shall repair and/or rebuild the Premises leased 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 fixed minimum monthly rental from the time of said damage or destruction until the Premises said premises are repaired or restored. (c) Notwithstanding anything contained else in this Section 10 subparagraphs (a) and (b) above, if Lessor is required or elects to repair or replace the Leased Premises following any damage or destruction, Lessor shall within thirty (30) days of such damage or destruction give Lessee written notice of the amount of time Lessor shall reasonably need to repair or replace the Leased Premises. If the Leased Premises cannot be repaired or replaced within one-hundred eighty (180) days after the date of the damage or destruction, Lessee shall have the right to terminate the Lease within thirty (30) days after receipt of Lessor's notice, and the Base Rent and Additional Rent Due hereunder shall be prorated to the contrary, in date of 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 damage by fire or other casualty could reasonably be expected to take more than twelve (12) months to complete, then Tenant may elect to terminate this Lease upon written notice to Landlorddestruction.

Damage or Destruction to Premises. (a) If In the Premisesevent of substantial damage, or any portion thereof, shall be partially damaged or destroyed during the term of unless this Lease by fire or any casualty insurable under is terminated as hereinafter provided, Lessor shall with all due diligence commence to repair the standard fire and extended coverage insurance policies, Premises to the extent that the cost of repairing same condition as existed immediately prior to such damage or destruction is fifty percent (50%) or less of the monetary value therefromdamage, Landlord and Lessor shall complete such repair and/or rebuild the same as promptly as possible. In such eventwith due diligence and dispatch, and this Lease shall not terminate, but shall remain and continue in full force and effect; provided, that such loss is insured and that all proceeds of such insurance coverage are made available to Lessor and are not subject to any superior right thereto of any other party; provided, further that Lessee shall repair all damage caused by the acts or omissions of Lessee or Lessee's officers, employees, agents or contractors and further provided, that Lessee shall, at its sole expense, diligently repair, restore or replace all damage or destroyed leasehold improvements, fixtures, furniture, equipment and other property of Lessee in, on or at the Premises. Lessor repair responsibilities hereunder shall be limited to available insurance proceeds, and a proportionate reduction in the fixed minimum monthly rental Lessee shall be made from the time responsible for all repair costs in excess 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 available insurance proceeds. There shall be no reduction abatement of rent during any such repair period. If the damage is not repaired within ninety (90) days after the date the damage occurs, Lessee shall have the right to terminate this Lease by giving Lessor written notice. Upon such termination, any unearned rent or other payments paid in rental while advance beyond the date of damage shall immediately be refunded to Tenant. In the event the damage to the Premises are being repaired. Landlord's obligation to repair shall be subject to any delays from labor troubles, material shortages, insurance claim negotiations, by fire or any other causescasualty (but not including any damage caused by the acts or omissions of Lessee or Lessee's officers, whether similar employees, agents, contractors or dissimilar to the foregoing, beyond Landlord's control. (bemployees) If the Premises, equals 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 exceeds fifty percent (50%) of the monetary replacement 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 thereof as to its election within sixty (60) days of the casualty in question. If date such damage occurs, 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 Lessee 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 damage by fire or other casualty could reasonably be expected to take more than twelve (12) months to complete, then Tenant Lessor may elect to terminate this Lease by giving notice in writing of such election to the other party within thirty (30) days from the date the damage occurs. Upon such termination, any unearned rent or other payments paid in advance beyond the date of damage shall immediately be refunded to Lessee. If Lessor and Lessee cannot agree whether damage or destruction of the Premises is "minor damage" or "substantial damage" or whether the damage to the Premises equals or exceeds fifty percent (50%) of its replacement value, then the parties agree to submit such disputed issue or issues to binding arbitration. Within forty-five (45) days of such damage or destruction, each party shall select an arbitrator who is a duly licensed general contractor in the State of Nebraska. If these arbitrators are unable to agree upon written notice the issue or issues submitted to Landlordthem within ten (10) days following their appointment, then such arbitrators shall elect a third arbitrator of like qualification, and the decision of the third arbitrator shall be controlling. Each party to this Lease shall pay for the services of its selected arbitrator. The decision of the arbitrators or arbitrator in regard to any issue or issues submitted shall be final and binding upon the parties.

Damage or Destruction to Premises. (a) If the Premises, Premises or any portion thereof, shall be partially part thereof is 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 damage by fire or other casualty could reasonably be expected to take more than twelve (12) months such extent that the Premises considered as a whole are rendered untenable to completeTenant, then Landlord, at its option, may restore the Premises to substantially the same condition as they were in immediately prior to such damage, subject to these terms and conditions: 13.1 Within 40 working days after Tenant gives Landlord written notice of the occurrence of such damage, Landlord shall give written notice to Tenant of Landlord's intent to restore the same. 13.2 If Landlord fails to give such notice, or fails or is unable to restore the Premises within 160 working days after the date of Landlord's written notice to Tenant, either party may elect to terminate this Lease upon by giving written notice and Tenant shall be released from all further liability hereunder. In the event of such termination, Landlord and Tenant shall be released of any future obligations to Landlordeach other, except for matters and items theretofore accrued, unpaid or unperformed. The provisions of sections 1932 and 1933 of the Civil Code of the State of California are hereby waived by Tenant. 13.3 Tenant shall not be released or discharged from any of its obligations, liabilities, or indebtedness hereunder, should the possession by Tenant of the Premises be disturbed or interfered with or affected in any manner whatsoever, and irrespective of how caused or by whom. However, if this Lease is not terminated as provided in Paragraphs 13.1 and 13.2 above, rent shall be equitably abated during the time within which and to the extent that Tenant's normal business operations at the Premises are restricted. 13.4 In the event Landlord restores the Premises as above provided, any insurance proceeds received by Tenant on account of damage to the structure of the Premises shall be used in full for the sole purpose of defraying the cost of such restoration. 13.5 Anything to the contrary notwithstanding, Landlord and Tenant waive any rights they may have against the other on account of any loss occasioned to the Landlord or the Tenant, as the case may be, in its property, or the buildings upon the Premises, and to agree to have their respective insurers waive any right of subrogation against the other; such waiver shall apply only to loss occasioned by acts covered by fire and extended coverage insurance.

Damage or Destruction to Premises. (a) If In the Premises, or event that the Premises are at any portion thereof, shall be partially damaged or destroyed time during the term of this Lease partially damaged by fire fire, flood, tornado, windstorm, or any casualty insurable under by the standard fire elements, or otherwise, Landlord shall, as speedily as circumstances permit, repair said damage and extended coverage insurance policiesrestore the Premises and such condition, or, with respect to the extent that the cost of repairing Premises, with such damage or destruction is fifty percent (50%) or less of the monetary value therefrommodification as Landlord and Tenant shall agree to in writing, Landlord shall repair and/or rebuild the same as promptly as possible. In such event, and 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, ; provided that such loss is insured and that all proceeds of such insurance coverage are made available to Landlord and are not subject to equitable abatement in any superior right thereto of any mortgagee or other party and, further provided that Tenant shall, at its sole expense, diligently repair, restore or replace all damaged or destroyed leasehold improvements (other than the rent from tenant improvement work performed by Landlord pursuant to Paragraph 3 hereinabove), fixtures, furniture, equipment and other property of Tenant in, on or about the time of said damage Premises. Tenant shall continue to conduct its business on the Premises during such replacement, restoration or destruction until rebuilding to the extent reasonably practicable. In the event that the Premises are repaired or restored. (c) Notwithstanding anything contained in this Section 10 rendered partially untenantable as a result of the foregoing, then the Monthly Rent shall be abated proportionately to the contraryextent that the Premises are rendered untenantable during such replacement restoration or rebuilding; PROVIDED, HOWEVER, Tenant shall not be entitled to any compensation or damages from Landlord for injury to its business, loss or impairment in the event that there is material damage to use of the Premises due to fire or any part thereof or any property of Tenant or any other casualty during injury or inconvenience occasioned by such damage, replacement, restoration or rebuilding. If the last year of this LeasePremises shall be completely damaged or destroyed, or in the event that the damage is such that, in the opinion of Landlord, it is not practical or desirable to repair of any damage by fire or other casualty could reasonably be expected to take more than twelve (12) months to completerebuild the same, then Tenant Landlord may within sixty (60) days following the date of such casualty elect to terminate this Lease upon written notice by so notifying Tenant in writing PROVIDED, HOWEVER, that in all events if Landlord is required to repair or rebuild the Premises pursuant to the terms and provisions of Section 15 of the Master Lease, then and in such event Landlord shall repair or rebuild the Premises (and Landlord shall notify Tenant in all events whether it shall rebuild or repair the Premises within the aforesaid sixty (60) day period. If the Lease is terminated pursuant to the preceding sentence, this Lease shall terminate as of the date set forth in said notice, all insurance proceeds available as a result of damage or destruction to the Premises and any fixtures and other property a part thereof or appurtenant thereto shall be paid to Landlord, and both parties shall be released from any further obligation or liability hereunder, except as to the payment by Tenant to Landlord of all rentals and all other sums accrued and unpaid as of the date set forth in said notice. Landlord expressly acknowledges that the racks in the warehouse and the modular furniture installed by Tenant shall remain Tenant's trade fixtures.