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 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 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 the event the Demised Premises is are partially or totally destroyed by fire or other casualty, then, subject to which is not caused by the following terms negligent or willful actions of this ArticleTenant or Tenant's employees, 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 Tenant shall have the option either to either rebuild and repair the Demised Premises or damaged portion of the Building or to terminate this Lease unless as hereinafter provided. (Partial destruction for these purposes shall mean that Tenant elects is unable to make reasonably carry on its operations from the needed repairs at its expense. Landlord Demised Premises.) Either party shall give notice in writing to Tenant the other of Landlord's the election to rebuild and repair or to terminate this Lease, as the case may be, within thirty forty-five (3045) 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 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 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 Electiondamage. In the event Landlord elects to rebuild and repair restore the Demised Premises, and Tenant does not exercise its option remain in possession and operate Tenant's business during the period of rebuilding and repair, the Minimum Annual Rental shall abatx (xxless the casualty is a result of vandalism or burglary) based upon the portion of the Demised Premises until the Demised Premises have been rebuilt and repaired. If Tenant remains in possession and operated Tenant's business during the period of rebuilding and repair, the Minimum Annual Rental shall ablate (unless the casualty is a result of vandalism or burglary) based upon the loss of business, if any, resulting from such destruction during the period of building and repair, using a base figure, the gross sales of Tenant and of all licensees, concessionaires and tenants of Tenant, from all business conducted upon or from the Demised Premises, for the same period for the year immediately prior to terminate this Leasethe year, in which the casualty occurs, provided, however, (a) if the casualty shall occur during the first six (6) months of the Demised Term, the Minimum Annual Rental shall abatx xxxpletely (unless the casualty is a result of vandalism or burglary) until Landlord rebuilds and repairs the Demised Premises, and (b) if the casualty shall occur during the period beginning on the first day of the seventh month and ending the last day of the twelth month of the first year of the Demised Term, the Minimum Annual Rental shall abatx (xxless the casualty is a result of vandalism or burglary) based upon the loss of business, if any, resulting from such destruction during the period of rebuilding and repair using as a base figure, the average of the monthly gross sales of Tenant and of all licensees, concessionaires and tenants or Tenant, from all business conducted upon or from the Demised Premises, for the period beginning on the first day of the first calendar month of the Demised Term and ending on the last day of the calendar month of the Demised Term occurring immediately prior to the casualty. In the event Landlord elects to rebuild and repair, 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 shall be completed within one hundred eighty (180) days after notice has been given of Landxxxx'x xntent to substantially the same condition as existed prior rebuild and repair, subject only 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 IXdelays beyond Landlord's reasonable control.

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 ($200,000.00200,000) 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 expenseLease. 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 school 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 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 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.thirty

Damage to Demised Premises. In If during 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 term hereof the Demised Premises or the Building shall be destroyed or damaged by fire, lightning, storm or tempest, act of God or other casualty or accident so as in the opinion of the University, acting reasonably, to render any portion of the Building is partially or totally destroyed by fire or other casualty and such damage will cost Demised Premises which portion constitutes in excess of Two Hundred Thousand Dollars fifty ($200,000.0050%) to repair or restore, Landlord per cent in its sole discretion shall have total of the option to either rebuild and repair area of the Demised Premises or damaged portion unfit for occupancy and incapable 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, being repaired within thirty ninety (3090) days of the happening of such damage, the event term hereby granted shall at the option of the University cease and be at an end to all intents and purposes from the date of such damage or destruction or damage ("Landlord's Casualty Election"). Landlord and the Tenant 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 immediately surrender and yield up possession of the Demised Premises, for Tenant following a casualty loss unless Landlord has elected Premises to terminate the Lease as permitted above; providedUniversity. If, however, that Landlord such portions of the Demised Premises shall have no obligation to provide temporary premises in the opinion of the University, acting reasonably, be capable of being repaired and rendered fit for occupancy by the Tenant if within ninety (90) days from the period happening of such damage or the portion constitutes less than fifty 50%) per cent in which total area of the Demised Premises or neither the University nor the Tenant terminates the term as otherwise entitled above, this Lease and the term shall continue, but the amounts payable for Annual Rent shall cease and determine until such time as the Demised Premises are unavailable rebuilt and made fit 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 purposes of the 5 mile radius of the Demised PremisesTenant, 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 provided that to the portion extent such damage or destruction prevents use and occupancy by the Tenant of part only of the Demised Premises rendered untenable then the Annual Rent shall xxxxx proportionately only until such time or times as various portions of the Demised Premises is repaired or are rebuilt and made fit for the purposes of the Tenant having regard to the portions of the Demised Premises which are so unusable by the Tenant. In the situations contemplated in the preceding portions of this Section in which the Lease is terminated not terminated, the University shall proceed forthwith and diligently to effect any necessary repairs and rebuilding to the Building and the Demised Premises provided that the University shall not, except as set forth in this Article IXotherwise required pursuant to Section 6.5(c), be responsible for the rebuilding or restoration of any alterations, improvements, fixtures, partitions, materials, equipment or furnishings made or installed by or for the Tenant.

Damage to Demised Premises. In A. If, during the event term of this Lease, the Demised Premises is are totally or partially or totally destroyed by fire or other casualty, then, subject so as 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 render the Demised Premises wholly unfit for occupancy or any portion make it impossible to conduct the business of Tenant thereon, and if it reasonably appears that the Demised Premises cannot be repaired and restored within one hundred twenty (120) days from the date of the Building is partially damage, then either Tenant 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 right to terminate this Lease unless from the date of such damage or destruction, by giving the other party written notice. Upon the giving of such notice, Tenant elects shall immediately surrender the Demised Premises and all interest therein, including rights to make insurance proceeds as provided in Paragraph 11 hereof, to Landlord, and in case of any such termination, Landlord may re-enter and repossess the needed repairs at its expenseDemised Premises discharged of this Lease and may dispossess all Parties then in possession thereof. Landlord shall give notice If the Demised Premises cannot be repaired and restored in writing to Tenant of Landlord's election to rebuild and repair or to terminate this Lease, as the case may be, within thirty one hundred twenty (30120) days from the date of the happening of the event of destruction or such damage ("Landlord's Casualty Election"). and neither Tenant nor 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 Landlord has elected elect to terminate the Lease, then, and upon the commencement of the repair or restoration, the Lease as permitted abovemay not be terminated but rent may be abated according to the nature and extent of the damage. Full rent shall commence on the date that the repair and restoration is completed. If it reasonably appears that the Demised Premises may be repaired and restored within one hundred twenty (120) days from the date of damage or destruction, then Landlord, at its own sole cost and expense, shall repair and restore the Demised Premises with all reasonable speed; provided, however, that in no event shall Landlord shall have no obligation be required to provide temporary premises for Tenant if the period in which repair and restore the Demised Premises are unavailable for at a cost greater than the net proceeds of moneys received from an insurance policy or insurance policies covering such loss or damages, nor shall Landlord be required to commence repair and restoration until such fact is determined. During the period of repair, a just portion of the rent reserved under Paragraph 4 hereof, but not Tenant's use is ten (10) days obligation to make payments or less. If performance under any other paragraphs of this Lease, shall be abated according to the Demised Premises is rendered partially or wholly untenable from fire or other casualty, nature and if Landlord does not provide temporary premises as required above, or if the temporary premises offered extent of damages and Tenant’s ability to Tenant is outside of the 5 mile radius occupy a portion 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 Full rent shall be abated proportionately as to recommence on 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 IXdate that repairs are completed.