Common use of Damage to Demised Premises Clause in Contracts

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 unless Tenant elects to make the needed repairs at its expense. 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 and, if reasonably possible, located within a radius of 5 miles of the Demised Premises, for Tenant following a casualty loss unless Xxxxxxxx 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 ten (10) days or less. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, and if Landlord does not provide temporary premises as required above, or if the temporary premises offered to Tenant is outside of the 5 mile radius of the Demised Premises, Tenant shall have the option to terminate the Lease, so long as Tenant provides written notice to Landlord of Tenant's exercise of the option to terminate within thirty (30) days of receipt of Landlord's Casualty Election. In the event Landlord elects to rebuild and repair and Tenant does not exercise its option to terminate this Lease, Landlord shall proceed with the same as soon as practical and in all events shall use commercially reasonable efforts to cause such rebuilding and repair to be completed to substantially the same condition as existed prior to such destruction as soon as is reasonably possible. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, then the Base Rent and any additional rent shall be abated proportionately as to the portion of the Demised Premises rendered untenable until the Demised Premises is repaired or this Lease is terminated as set forth in this Article IX.

Damage to Demised Premises. In If the event Building or the Demised ------------- -------------------------- Premises is are rendered partially or totally destroyed wholly untenantable by fire or other casualty, then, subject to the following terms of this Article, Landlord shall repair or restore promptly, using the same to substantially the same condition insurance proceeds as existed prior to such fire or other casualty. Notwithstanding the foregoing provisionprovided below, in the event the Demised Premises or any portion of the Building is partially or totally destroyed by fire or other casualty and cause 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 unless Tenant elects to make the needed repairs at its expense. 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 and, if reasonably possible, located within a radius of 5 miles of the Demised Premises, for Tenant following a casualty loss unless Xxxxxxxx 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 ten (10) days or less. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, and if Landlord does not provide temporary premises as required above, or if the temporary premises offered to Tenant is outside of the 5 mile radius of the Demised Premises, Tenant shall have the option to terminate the Lease, so long as Tenant provides written notice to Landlord of Tenant's exercise of the option to terminate within thirty (30) days of receipt of Landlord's Casualty Election. In the event Landlord elects to rebuild and repair and Tenant does not exercise its option to terminate this Lease, Landlord shall proceed with the same as soon as practical and in all events shall use commercially reasonable efforts to cause such rebuilding and repair to be completed to substantially the same condition as existed prior to such destruction as soon as is reasonably possible. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, then the repaired and all Minimum Base Rent and any additional rent payable hereunder shall be abated abate proportionately as to the portion of the Demised Premises rendered untenable renderxx xxtenantable until the completion of such repairs. If the Building or the Demised Premises is are damaged such that they cannot be repaired or rebuilt within one hundred eighty (180) days from the date of such damage, then either Landlord or Tenant may terminate this Lease. In the event either Landlord or Tenant exercises this election to terminate, they must do so within thirty (30) days of the date of such damage. In the event this Lease is terminated not terminated, then Landlord shall commence such repairs within thirty (30) days of the expiration of the above thirty (30) days and complete the same as set forth in soon as possible, considering extent of repairs and weather. In the event any such repairs have not been completed within one hundred eighty (180) days of such damage, Tenant may terminate this Article IXLease. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or the Demised Premises shall be pro-rated based upon the respective values of (i) the Building and any other improvements, alterations or additions paid for by Landlord, and (ii) any improvements, alterations or additions paid for by Tenant; provided, however, if Landlord rebuilds or repairs the Demised Premises, Landlord shall be entitled to use all, or the amounts needed, of the insurance proceeds for the costs of such rebuilding or repairing. If the insurance proceeds are not sufficient, any additional amounts required shall be paid by Landlord. If the Lease is terminated, all casualty insurance proceeds pertaining to the Building shall be payable to Landlord.

Damage to Demised Premises. In the event the Demised Premises is partially or totally destroyed by fire a fire, explosion or other casualtycasualty (collectively, "Casualty") destroys the demised premises or the building in which the demised premises (collectively "Premises") are located or in the event of a Casualty which partially destroys the Premises so as to render the demised premises wholly untenantable or unfit for occupancy, or should the demised premises be so damaged by a Casualty so that the demised premises cannot be repaired within thirty days from the occurrence of such Casualty, then, subject to at the following terms option of the Landlord or Tenant, the term of this Article, Landlord Lease shall repair or restore cease and become null and void from 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 date 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 unless Tenant elects to make the needed repairs at its expense. 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 and, if reasonably possible, located within a radius of 5 miles of the Demised Premises, for Tenant following a casualty loss unless Xxxxxxxx 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 ten (10) days or lessCasualty. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, and if Landlord does not provide temporary premises as required above, or if the temporary premises offered to Tenant is outside of the 5 mile radius of the Demised Premises, Tenant shall have the option to terminate the Lease, so long as Tenant provides written notice to Landlord of Tenant's exercise of the option to terminate within thirty (30) days of receipt of Landlord's Casualty Election. In the event Landlord elects to rebuild and repair and Tenant does not exercise its exercises said option to terminate this Lease, then the Tenant shall immediately surrender the demised premises and all the Tenant's interest therein to the Landlord. The Tenant shall only be obligated to pay any rent due hereunder up to and including the date the Tenant so surrenders the demised premises. In the event the demised premises are damaged by a Casualty so that said demised premises can be repaired and made fit for occupancy within thirty days from the occurrence of such Casualty, the Landlord shall proceed with the same as soon as practical and in all events shall use commercially reasonable efforts to cause such rebuilding may enter and repair the demised premises, and any rent hereunder shall be abated only while the Landlord is making said repairs and the demised premises are wholly untenantable. In the event the demised premises are damaged by a Casualty but not so at to be completed to substantially render the same condition as existed prior to such destruction as soon as is reasonably possible. If the Demised Premises is rendered partially or demised premises wholly untenable from fire or other casualtyuntenantable and unfit for occupancy, then the Base Rent Landlord agrees to repair the same within a reasonable period of time and any additional the rent accrued and accruing shall not cease or terminate and shall be abated proportionately as with respect to the portion purchase of the Demised Premises rendered untenable until premises which are untenable. The Tenant shall immediately notify the Demised Premises is repaired Landlord in the event of the occurrence of a Casualty or this Lease is terminated as set forth in this Article IXany other damage to the Premises.

Damage to Demised Premises. In If, at any time during the event term of this Lease, the Demised Premises is partially destroyed or totally destroyed damaged in whole or in part by fire or other casualtycause within the extended coverage of the casualty insurance policies required to be carried by Tenant in accordance with this Lease, then, subject to the following terms of this Article, Landlord Tenant shall repair or restore cause the same to substantially be repaired, replaced or rebuilt within twelve (12) months after receipt by Tenant of insurance proceeds payable under such casualty insurance policies. Tenant’s rebuilding obligations shall not be reduced by any shortfall in receipt of insurance proceeds or any failure to receive insurance proceeds as a result of said casualty. Tenant shall bear the same condition risk of uninsured casualties and of under-insurance. Tenant shall not be entitled to any reduction or abatement of rent as existed prior to such fire or other a result of any casualty. Notwithstanding the foregoing provisionforegoing, in the event if the Demised Premises are destroyed or damaged at any portion time during the last three (3) years of the Building is partially or totally destroyed by fire or other casualty and such damage will cost in excess term of Two Hundred Thousand Dollars this Lease ($200,000.00including the last three [3] years of any exercised Option Period) to repair or restorethe extent that, Landlord in its sole discretion shall have the option to either rebuild and repair Tenant’s reasonable discretion, the Demised Premises or are not usable in their damaged portion condition for the normal conduct of the Building or Tenant’s business, then Tenant may, upon written notice to terminate this Lease unless Tenant elects to make the needed repairs at its expense. Landlord shall give notice in writing to Tenant of Landlord's election to rebuild and repair or , elect to terminate this Lease. In such event, as Tenant shall bear the case may berisk of uninsured casualties and of under-insurance, within thirty and shall place the Demised Premises in a safe condition and pay to Landlord all insurance proceeds received by Tenant plus the amount of any deductible carried by Tenant and any other amount necessary to equal the entire sum necessary to rebuild the Demised Premises (30) days but excluding any ancillary insurance proceeds unrelated to the costs 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 and, if reasonably possible, located within a radius of 5 miles of rebuilding the Demised Premises, for Tenant following a casualty loss unless Xxxxxxxx has elected to terminate ). Such termination shall be effective on the Lease as permitted above; provided, however, that Landlord shall have no obligation to provide temporary premises for Tenant if the period date stated in which the Demised Premises are unavailable for Tenant's use is ten (10) days or less. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, notice to Landlord and if neither Landlord does not provide temporary premises as required above, or if the temporary premises offered to Tenant is outside of the 5 mile radius of the Demised Premises, nor Tenant shall have the option any further obligations hereunder after such date, and Tenant’s obligation to terminate the Lease, so long as Tenant provides written notice to Landlord of Tenant's exercise of the option to terminate within thirty (30) days of receipt of Landlord's Casualty Election. In the event Landlord elects to rebuild and repair and Tenant does not exercise its option to terminate this Lease, Landlord shall proceed with the same as soon as practical and in all events shall use commercially reasonable efforts to cause such rebuilding and repair to be completed to substantially the same condition as existed prior to such destruction as soon as is reasonably possible. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, then the Base Rent and any additional pay rent shall be abated proportionately as to the portion of the Demised Premises rendered untenable until the Demised Premises is repaired or this Lease is terminated as set forth in this Article IXlikewise cease.

Damage to Demised Premises. In If the event Building or the Demised ------------- -------------------------- Premises is are rendered partially or totally destroyed wholly untenantable by fire or other casualty, then, subject to the following terms of this Article, Landlord shall repair or restore promptly, using the same to substantially the same condition insurance proceeds as existed prior to such fire or other casualty. Notwithstanding the foregoing provisionprovided below, in the event the Demised Premises or any portion of the Building is partially or totally destroyed by fire or other casualty and cause 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 unless Tenant elects to make the needed repairs at its expense. 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 and, if reasonably possible, located within a radius of 5 miles of the Demised Premises, for Tenant following a casualty loss unless Xxxxxxxx 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 ten (10) days or less. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, and if Landlord does not provide temporary premises as required above, or if the temporary premises offered to Tenant is outside of the 5 mile radius of the Demised Premises, Tenant shall have the option to terminate the Lease, so long as Tenant provides written notice to Landlord of Tenant's exercise of the option to terminate within thirty (30) days of receipt of Landlord's Casualty Election. In the event Landlord elects to rebuild and repair and Tenant does not exercise its option to terminate this Lease, Landlord shall proceed with the same as soon as practical and in all events shall use commercially reasonable efforts to cause such rebuilding and repair to be completed to substantially the same condition as existed prior to such destruction as soon as is reasonably possible. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, then the repaired and all Minimum Base Rent and any additional rent payable hereunder shall be abated xxxxx proportionately as to the portion of the Demised Premises rendered untenable untenantable until the completion of such repairs. If the Building or the Demised Premises is are damaged such that they cannot be repaired or rebuilt within one hundred eighty (180) days from the date of such damage, then either Landlord or Tenant may terminate this Lease. In the event either Landlord or Tenant exercised this election to terminate, they must do so within thirty (30) days of the date of such damage. In the event this Lease is terminated not terminated, then Landlord shall commence such repairs within thirty (30 days of the expiration of the above thirty (30) days and complete the same as set forth in soon as possible, considering extent of repairs and weather. In the event any such repairs have not been completed within one hundred eighty (180) days of such damage, Tenant may terminate this Article IXLease. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or the Demised Premises shall be pro-rated based upon the respective values of (i) the Building and any other improvements, alterations or additions paid for by Landlord, and (ii) any improvements, alterations or additions paid for by Tenant; provided, however, if Landlord rebuilds or repairs the Demised Premises, Landlord shall be entitled to use all, or the amounts needed, of the insurance proceeds for the costs of such rebuilding or repairing. If the insurance proceeds are not sufficient, any additional amounts required shall be paid by Landlord. If the Lease is terminated, all casualty insurance proceeds pertaining to the Building shall be payable to Landlord.