Common use of Damage Repair Clause in Contracts

Damage Repair. In the event the Building or the Premises shall be destroyed or rendered untenantable either in whole or in part by fire or other casualty, Landlord may at its option restore the Building or premises to as near their previous condition as is reasonably possible. In the meantime, unless the damage was caused by acts, omissions, or negligence of Tenant, its agents, employees, contractors, or invitees, the rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole thereof. But, unless Landlord within thirty (30) days after the happening of any such casualty shall notify Tenant of its election to restore, this Lease shall not continue and Landlord shall commence the necessary restoration. Such restoration by Landlord shall not include replacement of Tenant's trade fixtures, furniture, equipment, or other items that do not become part of the Building or any improvements to the Premises in excess of those provided for in the allowance for building standard items as of the Commencement Date of this Lease. The Tenant at no cost to the Landlord shall perform Restoration of the Premises required beyond Landlord's obligation. If Landlord shall elect to notify Tenant that Landlord shall not restore, this Lease shall terminate as of the date of the occurrence and Tenant shall promptly vacate the Premises. Upon vacating, any prepaid rent from date of vacating shall be refunded to Tenant.

Appears in 2 contracts

Samples: Chinese Cultural Center Lease Agreement (Quiet Tiger Inc), Chinese Cultural Center Lease Agreement (Quiet Tiger Inc)

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Damage Repair. In case of damage to the event Demised Premises or the Building or the Premises shall be destroyed or rendered untenantable either in whole or in part by fire or other casualty, Landlord may at its option restore Tenant shall give immediate notice to Landlord, who shall to the Building or premises extent originally provided in this Lease (subject to as near their previous condition as is reasonably possible. In the meantimeprovisions of Section 14(d) hereof), unless cause the damage to be repaired with reasonable speed, subject to delays which may arise by reason of adjustment of loss under insurance policies and for delays beyond the reasonable control of Landlord, and to the extent that the Demised Premises are rendered untenantable, the Rent shall proportionately xxxxx from the date of any such damage, except in the event such damage resulted from or was caused contributed to, directly or indirectly, by actsthe act, omissions, fault or negligence neglect of Tenant, its Tenant’s officers, contractors, agents, employees, contractorsinvitees or licensees, in which event there shall be no abatement of Rent, except to the extent Landlord receives proceeds from Landlord’s rental income insurance policy to compensate Landlord for loss of Rent. In the event the damage to the Building shall be extensive and substantial, or inviteesthe Demised Premises are rendered untenantable, the rent shall be abated Landlord may elect not to repair or rebuild, in the same proportion as the untenantable portion of the Premises bears to the whole thereof. But, unless which event Landlord within thirty (30) days after the happening of any such casualty shall notify Tenant in writing of its election Landlord’s decision not to restore, this Lease shall not continue repair or rebuild within sixty (60) days from the date of adjustment of insurance proceeds and Landlord shall commence the necessary restoration. Such restoration by Landlord shall not include replacement of Tenant's trade fixtures, furniture, equipment, or other items that do not become part of the Building or any improvements to the Premises in excess of those provided for in the allowance for building standard items as of the Commencement Date of this Lease. The Tenant at no cost to the Landlord shall perform Restoration of the Premises required beyond Landlord's obligation. If Landlord shall elect to notify Tenant that Landlord shall not restore, this Lease shall terminate as of the date of such notice, with the occurrence and same effect as if such date were the date herein fixed as the Termination Date. Tenant shall thereupon promptly vacate the Premises. Upon vacating, any prepaid rent from date of vacating Demised Premises and the Rent shall be refunded adjusted to Tenantthe date when the Demised Premises were rendered untenantable.

Appears in 1 contract

Samples: Lease (Combinatorx, Inc)

Damage Repair. In the event the Building or the Premises shall be destroyed or rendered untenantable untenantable, either in whole or in part part, by fire or other casualty, Landlord may at its option option, restore the Building or premises Premises to as near their previous condition as is reasonably possible. In , and in the meantime, unless the damage was caused by actsactions, omissions, omissions or negligence of Tenant, its agents, employees, contractors, contractors or invitees, the rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole thereof. But; but unless Landlord, unless Landlord within thirty (30) 90 days after the happening of any such casualty casualty, shall notify Tenant of its election to restore, this Lease shall not continue and Landlord shall commence the necessary restoration. Such restoration by Landlord shall not include replacement of Tenant's trade fixtures, furniture, equipment, equipment or other items that do not become part of the Building or any improvements to the Premises in excess of those provided for in the allowance for building standard items as of the Commencement Date commencement date of this Lease. The Tenant at no cost to the Landlord shall perform Restoration of the Premises required beyond Landlord's obligation’s obligation shall be performed by the Tenant at no cost to the Landlord. If Landlord shall elect to notify Tenant that Landlord shall not restore, this Lease shall terminate as of the date of the occurrence and Tenant shall promptly vacate the Premises. Upon vacating, any prepaid rent from date of vacating shall be refunded to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Presto Food & Beverage Inc)

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Damage Repair. In the event the Building or the Premises shall be destroyed or rendered untenantable untenantable, either in whole or in part major part, by fire or other casualty, Landlord may may, at its option option, restore the Building or premises Premises to as near their previous condition as is reasonably possible. In , and in the meantime, unless the damage was caused by acts, omissions, omissions or negligence of Tenant, its agents, employees, contractors, contractors or invitees, the rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole thereof. But; but unless Landlord, unless Landlord within thirty sixty (3060) days after the happening of any such casualty casualty, shall notify Tenant of its election to restore, this Lease shall not continue and Landlord shall not commence the necessary restoration. Such restoration by Landlord shall not include replacement of Tenant's trade fixtures, furniture, equipment, equipment or other items that do are not become part of the Building or any improvements to the Premises in excess of those provided for in the allowance for building standard items place as of the Commencement Date commencement date of this Lease. The Tenant at no cost agrees to pay Landlord the Landlord shall perform amount of any deductible relating to insurance coverage within ten (10) days of such casualty. Restoration of the Premises required beyond Landlord's obligationobligation shall be performed by Tenant at no cost to Landlord. If Landlord shall elect to notify Tenant that Landlord shall not restore, this Lease shall terminate as of the date of the occurrence and Tenant shall promptly vacate the Premises. Upon vacating, any prepaid rent from date of vacating shall be refunded to Tenant.

Appears in 1 contract

Samples: Business Property Lease Agreement (Scripps Financial Corp)

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