Damage to Demised Premises. 11.1 In the event that the Demised Premises are totally destroyed, or so damaged by fire or other casualty not occurring through the fault or negligence of Tenant, its employees, agents or business invitees, that the same, in the opinion of Landlord, cannot be repaired and restored within a period of six (6) months, this Lease shall absolutely cease and terminate and the Rent shall be apportioned as of the date of the casualty and xxxxx for the balance of the term. Landlord shall serve notice upon Tenant within thirty (30) days after the casualty as to whether the Demised Premises can and will in fact be repaired and restored within the six (6) month period.
11.2 If the damage, caused as above, be only partial or such that the Demised Premises can, in the opinion of the Landlord, be restored to their present condition within a period of six (6) months, Landlord agrees with reasonable promptness to restore the same, reserving the right to enter upon the Demised Premises for that purpose. Landlord also reserves the right to enter upon the Demised Premises whenever necessary to repair damage caused by fire or other casualty to Tenant's Building, even though the effect of such entry would be to render the demised premise or a part thereof untenantable. In either event, the Rent shall be apportioned and/or suspended during the time Landlord is in possession, taking into account the portion of the Demised Premises rendered untenantable and the duration of Landlord's clause, Tenant agrees to pay the full amount claimed by Landlord. Tenant shall, however, have the right to proceed by law to recover the excess payment, if any.
11.3 In the event the Landlord undertakes to make repairs to or restore the Demised Premises, Landlord shall not be obligated to restore or replace property owned by Tenant including but not limited to, furniture, fixtures, improvements, inventory, equipment, etc.
11.4 If such damage resulted from the act or omission of Tenant or Tenant's employees, agents or business invitees, Tenant shall not be entitled to any abatement or reduction of the Rent.
11.5 In no event shall Landlord have any obligation to repair or restore the Demised Premises if the cost thereof shall exceed the proceeds of any applicable insurance coverage.
Damage to Demised Premises. Section 1. Abatement or Adjustment of Rent. If the whole or any part of the Leased Premises shall be damaged or destroyed by fire or other casualty after the execution of this Lease and before the termination hereof, then in every case the rent reserved in Article IV herein and other charges, if any, shall be abated or adjusted, as the case may be, in proportion to that portion of the Leased Premises of which Tenant shall be deprived on account of such damage or destruction and the work of repair, restoration, rebuilding, or replacement or any combination thereof, of the improvements so damaged or destroyed, shall in no way be construed by any person to effect any reduction of sums or proceeds payable under any rent insurance policy.
Damage to Demised Premises. If the Demised Premises shall be damaged by fire or other casualty, then, except as otherwise provided in subparagraphs (b) and (c) hereof, Landlord, at Landlord’s expense, shall promptly restore the Demised Premises, and Tenant, at Tenant’s sole expense, shall promptly restore all leasehold improvements installed in the Demised Premises by Tenant or at Tenant’s request and its own furniture, furnishings, trade fixtures and equipment. No penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord, or on account of labor problems, or any other cause beyond Landlord’s reasonable control. If the damage or destruction is such as to make the Demised Premises or any substantial part thereof untenantable (in Landlord’s judgment), and provided that such damage or destruction is not due in whole or part to the act or omission of Tenant or Tenant’s agents, employees or invitees, the Base Annual Rent shall xxxxx proportionately (based on proportion of the number of square feet rendered untenantable to the total number of square feet of the Demised Premises), from the date of the damage or destruction until the date the Demised Premises has been restored by Landlord.
Damage to Demised Premises. If any portion of the Demised Premises shall be damaged or destroyed by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord ("Tenant's Notice of Damage").
Damage to Demised Premises. In the event the Demised Premises is partially or totally destroyed by fire or other casualty, then, subject to the following terms of this Article, Landlord shall repair or restore the same to substantially the same condition as existed prior to such fire or other casualty. Notwithstanding the foregoing provision, in the event the Demised Premises or any portion of the Building is partially or totally destroyed by fire or other casualty and such damage will cost in excess of Two Hundred Thousand Dollars ($200,000.00) to repair or restore, Landlord in its sole discretion shall have the option to either rebuild and repair the Demised Premises or damaged portion of the Building or to terminate this Lease. Landlord shall give notice in writing to Tenant of Landlord’s election to rebuild and repair or to terminate this Lease, as the case may be, within thirty (30) days of the happening of the event of destruction or damage (“Landlord’s Casualty Election”). Landlord shall use all commercially reasonable efforts to provide temporary premises, in another building owned or run by Landlord for Tenant following a casualty loss unless Landlord has elected to terminate the Lease as permitted above; provided, however, that Landlord shall have no obligation to provide temporary premises for Tenant if the period in which the Demised Premises are unavailable for Tenant’s use is twenty
Damage to Demised Premises. 9.1 Abatement or Adjustment of Rent. If the whole or any part of the Leased Premises shall be damaged or destroyed by fire or other casualty after the execution of this Lease and before the termination hereof, then in every case the rent reserved in Article III herein and other charges, if any, shall be abated or adjusted, as the case may be, in proportion to that portion of the Leased Premises of which Party B shall be deprived on account of such damage or destruction and the work of repair, restoration, rebuilding, or replacement or any combination thereof. .
Damage to Demised Premises. The Tenant will not xxxx paint drill or in any way deface any wall ceiling partition floor wood or other parts of the Demised Premises except where such action is required or necessary for renovation in accordance with such plans which have been approved by the Landlord.
Damage to Demised Premises. If the Building or any other portion of the Demised Premises is damaged or destroyed, in whole or in part, by fire or any other occurrence, this Lease shall not be terminated and this Lease shall nonetheless continue in full force and effect and there shall be no abatement of any item included in Rent or Additional Rent except to the extent that the Landlord receives insurance proceeds in respect thereof from an insurance policy or policies for which the premiums had been paid by the Tenant, and the following provisions of this Article 10 shall apply.
Damage to Demised Premises. 15.1 In case the Demised Premises or any part(s) thereof shall at any time during the term of the Tenancy herein be destroyed or damaged by any Force Majeure Event so as to become unfit for occupation and use, the Landlord shall not be bound or compelled to rebuild or reinstate the same
15.2 In the event of the Landlord deciding to rebuild or reinstate the same, the Tenant shall be given the option to decide whether to continue with the Tenancy hereby created. If the Tenant shall decide to continue with the Tenancy, the Monthly Rental hereby reserved or a fair proportion thereof according to the nature and extent of the destruction or damage sustained shall be suspended and shall cease to be payable from the date of the happening of such Force Majeure Event until the Demised Premises shall again be rendered fit for occupation and use by the Appropriate Authorities.
15.3 In the event of the Landlord deciding not to rebuild or reinstate the Demised Premises, then the Tenancy herein shall determine and the Tenant shall forthwith peaceably surrender and yield up vacant possession of the Demised Premises to the Landlord and Clauses and Sections herein with respect to the refund(s) of any sum(s) held by the Landlord to the Tenant upon the lawful termination of the Tenancy shall be applicable and thereafter neither party shall have any claims or actions whatsoever against the other save for any antecedent breaches.
Damage to Demised Premises. Xxxxxxxx agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (including Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. Landlord shall maintain insurance that provides for the guarantee of repair of such losses. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord. Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions in Section 1 of Article XIII within twelve (12) months of such damage or destruction, then Landlord and/or Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) days written notice thereof to the other Party.
