Damage or Destruction to the Premises. (a) If the Premises is damaged or destroyed by fire or other casualty insured under the coverage Landlord is required to carry under Article 6 of this Lease, subject to the limitations set forth below, Landlord shall repair such damage. If Landlord fails to complete such repairs within twelve (12) months following the casualty (or such longer period if the work is not capable of being performed by such date (including, without limitation, as a result of Landlord’s inability to obtain permits) provided Landlord is diligently working to complete the same), Tenant will have the right to terminate this Lease by written notice to Landlord within thirty (30) days following the end of such construction period. In the event of such termination, the parties will be released from all further obligations under this Lease except for accrued obligations then unpaid or unperformed. (b) If the Premises is damaged or destroyed by a fire or other casualty (i) which is not insured under the coverage Landlord is required to carry under Article 6 of this Lease, and Landlord at its option elects not to repair the Premises, or (ii) to the extent of more than fifty percent (50%) of the cost to replace the Premises during the Term of this Lease, then either party will have the right to terminate this Lease effective as of the date of such casualty by written notice to the other within sixty (60) days after the damage or destruction. In exercising its termination rights under this Section, Landlord will not unreasonably discriminate between Tenant and other tenants of the Plaza whose premises are similarly affected by the casualty. In the event this Lease is so terminated, the parties will be released from all further obligations under this Lease except for accrued obligations then unpaid or unperformed. (c) If Landlord is required to repair or reconstruct the Premises pursuant to the provisions of this Lease, its obligation will be limited to the construction of the structural demising walls (without drywall) and roof of the Premises. Tenant shall submit to Landlord for its approval detailed plans and specifications for all other work not required to be performed by Landlord. Upon approval of such plans and specifications and within fifteen (15) days following notice that Xxxxxxxx’s repairs are complete, Tenant shall promptly commence and diligently pursue to completion all work to restore the Premises to the condition immediately prior to the casualty, except for the work requir...

Damage or Destruction to the Premises. In the event the Premises are damaged or destroyed by fire or other casualty or Tenant is ejected from the Premises by a public authority to preserve the public safety, this Lease shall not terminate, nor shall the liability of Tenant to pay Rent cease or be reduced, except as hereinafter expressly provided in this Section 10. Further, Tenant shall restore, replace or rebuild the Premises, at Tenant’s sole cost and expense, to the same condition as existed prior to the happening of the fire, ejection or other casualty with all reasonable speed. In the event Tenant is required to restore, replace or rebuild as aforesaid, Tenant shall be entitled to the proceeds of casualty insurance (if any) payable by virtue of the event or events causing damage to the Premises.

Damage or Destruction to the Premises. In the case of damage to or destruction of the Premises by earthquake, fire, flood or any other casualty, which (i) is not caused by Tenant or Tenant’s Agents or Tenant’s Invitees, (ii) is not covered by the insurance required to be held by Tenant under this Lease, (iii) prevents Tenant from operating the Premises for the purposes stated herein, and (iv) costs more to repair than the Repair amount set forth in the Basic Lease Information, either party may terminate this Lease upon sixty (60) days prior written notice and upon any such termination Tenant shall surrender the Premises in accordance with Article 22 [Surrender] (except, notwithstanding anything in this Lease to the contrary, Tenant shall be required to restore the Premises to a safe condition, clear of debris and garbage, even when Tenant is not required to repair casualty damage). If neither Party terminates this Lease as provided in this Section, then Tenant shall, at its sole cost, promptly restore, repair, replace or rebuild the Premises to the condition the Premises were in before such damage or destruction, to the extent possible in accordance with then applicable Laws. All insurance proceeds received by Tenant for the repair or rebuilding of the Premises shall be used by Tenant for the repair or rebuilding of the Premises. All restoration performed by Tenant shall be in accordance with the procedures set forth in Article 11 relating to Alterations and shall be at Tenant’s sole expense. Under no circumstances shall Landlord have any obligation to repair, replace or rebuild the Premises in the event of a casualty.

Damage or Destruction to the Premises. In the event that the Premises are totally destroyed or so damaged by fire or other casualty that the same cannot be repaired or restored, in the opinion of Lessor, within three (3) months from the date of such occurrence, this Lease shall absolutely cease and terminate, and all rent and other charges shall abatx xx of the date of such damage or destruction for the balance of the term. If the damage caused as above be only partial and/or such that the Premises can be restored, in Lessor's opinion, to its then condition within three (3) months, then the Lessor shall restore the Premises with reasonable promptness, having the right to enter upon the premises for that purpose whenever necessary, even though the effect of such entry may be to render the Premises untenantable. During the period after any destruction or damage, rent shall be apportioned, if Lessee, in its option is able to operate its business, or suspended during the time which Lessee in its option is unable to operate its business at all at this Premises. Notwithstanding anything contained in this Article, Lessor shall not be required to restore the Premises if the cost of such restoration exceeds the extent of insurance proceeds available, and in this event, Lessor may at its option, terminate this Lease, upon thirty (30) days' notice to Lessee. Pursuant to this Article, Lessor shall have (30) days after any destruction or damage in which to notify Lessee of its intent.

Damage or Destruction to the Premises. In the event of damage or destruction to the Premises, the Landlord or the Tenant shall be allowed to cancel the Lease if the Landlord cannot restore the Premises within 60 days. If the Landlord can restore the Premises within said 60 days, the Landlord shall commence to do so diligently. Landlord shall notify Tenant in writing within 15 days of said damage or destruction of its ability to restore the Premises within 60 days or not. If restoration is not completely restored within 60 days, or cannot be restored within 60 days, Tenant shall have the immediate right to cancel the Lease effective from the date of occurrence of said damage or destruction, and Tenant shall have no further liability to Landlord. Rent payable hereunder for the period during which such damage, repairs or restoration continues shall be abated.

Damage or Destruction to the Premises. In the case of damage to or destruction of the Premises by earthquake, fire, flood or any other casualty, which (i) is not caused by Tenant or Tenant’s Agents or Tenant’s Invitees, (ii) is not covered by the insurance described in Xxxxxxx 00 xxxxx, (xxx) prevents Tenant from operating the Premises for the purposes stated herein, and (iv) costs more to repair than the Repair amount set forth in the Basic Lease Information, either party may terminate this Lease upon thirty (30) days prior written notice and upon any such termination Tenant shall surrender the Premises in accordance with Section 18 (except for damage caused by a casualty pursuant to which this Lease may be terminated under this Section 12.1) and both Parties shall be relieved of any liability for such termination or for repairing such damage. If neither Party terminates this Lease as provided in this Section 12.1, then Tenant shall, at its sole cost, promptly restore, repair, replace or rebuild the Premises to the condition the Premises were in prior to such damage or destruction, subject to any Alterations made in strict accordance with the requirements of Section 7.1 above. Under no circumstances shall Landlord have any obligation to repair, replace or rebuild the Premises in the event of a casualty.

Damage or Destruction to the Premises. (a) If any portion of the Project is damaged or destroyed by fire or other casualty, cause or condition whatsoever and such damage or destruction cannot, in the reasonable opinion of Landlord’s architect (or Tenant’s architect if so permitted below), be repaired within one hundred eighty (180) days so as to restore fully Tenant’s full use and enjoyment of the Project, then either Tenant or Landlord may terminate this Lease, by notice to the other party given within thirty (30) days following the date the terminating party receives notice of the opinion of Landlord’s architect (or Tenant’s architect if so permitted below), in which event Tenant shall pay all rent owed up to the time of such destruction. Within thirty (30) days after the occurrence of any such casualty, Landlord shall cause its architect to certify and deliver to Tenant such architect’s opinion as to how much time is reasonably required to repair such damage; provided, however, in the event such architect fails to provide such certification to Tenant within such time frame, then Tenant shall be entitled to select an architect to make the certifications and determinations required pursuant to this paragraph in the place and stead of Landlord’s architect. If neither party exercises or is entitled to exercise its right to terminate after any damage to the Project by fire or other casualty, subject to the limitations set forth in Section 25(c), Landlord shall proceed with due diligence to repair such damage and restore Tenant’s full use and enjoyment of the Project to the condition immediately prior to such casualty, provided that Landlord shall have no obligation to restore Tenant’s fixtures, furniture, inventory, or other personal property or Permitted Alterations. (b) Notwithstanding any language herein to the contrary, either Landlord, or Tenant shall have the right to terminate this Lease if at the time of any such damage, (i) less than two (2) years remain in the term of this Lease, and (ii) the cost of repairing and restoring the damage exceeds thirty percent (30%) of the replacement cost of the Building; provided, however, that if Landlord terminates this Lease pursuant to this subsection (b), Tenant may exercise an option to renew this Lease for a Renewal Term (but only if a Renewal Term indeed remains unexercised at such time), and upon any such renewal, this Lease shall be reinstated and Landlord shall promptly repair such damage, all as if such termination had never occurred. (c) In ...

Damage or Destruction to the Premises. Notwithstanding anything to the contrary set forth in Section 15 of the Lease, (i) if the Premises, or any portion thereof, shall be damaged by fire or any other casualty to the extent of more than 50% of the floor space thereof and Lessee is, as a result thereof, unable to operate its business therein, Lessee shall have the right to terminate the Lease upon 60 day's notice, such notice to be given within 30 days after the casualty, or (ii) if in any instance where Lessor is obligated or elects to restore the Premises and fails to complete such restoration within 120 days after the date of the damage or destruction, Lessee shall have the right to terminate the Lease upon 60 day's notice, such notice to be given within 30 days following the expiration of such 120 day period.

Damage or Destruction to the Premises. Should the Premises be materially damaged or destroyed, City, in its unfettered discretion, will determine whether or not such damage will be repaired, to what extent it will be repaired and when it will be repaired, if at all. If City should decide not to repair the Premises, then Sister City may elect to terminate this Agreement. This provision does not, in any way, limit City’s ability to seek compensation from Sister City or its insurer for damage to the Premises caused by the operations of Sister City, its officers, members, employees or volunteers.

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