Common use of DAMAGE TO LEASED PROPERTY Clause in Contracts

DAMAGE TO LEASED PROPERTY. Tenant agrees to notify Landlord immediately if the leased property is damaged by fire or any other cause. Tenant further agrees to notify Landlord if there is any condition in the leased property that could damage the leased property or harm Tenant or others. If the leased property is destroyed by fire or casualty, or damaged to an extent that the use of the leased property is substantially impaired, Tenant may: 9.1.1. If continued occupancy is permitted by law, continue to occupy that part of the leased property still usable, in which case Tenant’s liability for rent shall be reduced by proportionately, to an amount determined by Landlord in its sole reasonable discretion, from the rent due under this Lease before the damage, until such time as the damages are repaired. If continued occupancy is not permitted by law, this Lease shall terminate immediately and Tenant must move out within 24 hours, or before the end of the next business day. If this Lease is terminated as a result of fire or other casualty, the Landlord shall return all prepaid rent plus unused security deposit; or 9.1.2. If it is not reasonably possible for Tenant to live in the leased property, Tenant must notify Landlord immediately that the Lease is ended and may move out within 24 hours. This lease will end as of the date of moving out. If the fire or other casualty is caused by the act or negligence of Tenant, Tenant’s family or persons who are on the leased property with the permission of Tenant, Tenant shall pay for all repairs and all other damage and this Lease will remain in effect and Tenant will be required to continue paying rent even if Tenant cannot occupy the leased property. Tenant agrees that if the leased property is damaged or destroyed and Tenant ends the Lease, Landlord has no further responsibility to Tenant.

DAMAGE TO LEASED PROPERTY. Tenant agrees to notify Landlord immediately if the leased property is damaged by fire or any other cause. Tenant further agrees to notify Landlord if there is any condition in the leased property that could damage the leased property or harm Tenant or others. If the leased property is destroyed by fire or casualty, or damaged to an extent that the use of the leased property is substantially impaired, Tenant may: 9.1.1. a. If continued occupancy is permitted by law, continue to occupy that part of the leased property still usable, in which case Tenant’s liability for rent shall be reduced by proportionately, to an amount determined by Landlord in its sole reasonable discretion, from the rent due under this Lease before the damage, until such time as the damages are repaired. If continued occupancy is not permitted by law, this Lease shall terminate immediately and Tenant must move out within 24 hours, or before the end of the next business day. If this Lease is terminated as a result of fire or other casualty, the Landlord shall return all prepaid rent plus unused security deposit; or 9.1.2. b. If it is not reasonably possible for Tenant to live in the leased property, Tenant must notify Landlord immediately that the Lease is ended and may move out within 24 hours. This lease will end as of the date of moving out. If the fire or other casualty is caused by the act or negligence of Tenant, Tenant’s family or persons who are on the leased property with the permission of Tenant, Tenant shall pay for all repairs and all other damage and this Lease will remain in effect and Tenant will be required to continue paying rent even if Tenant cannot occupy the leased property. Tenant agrees that if the leased property is damaged or destroyed and Tenant ends the Lease, Landlord has no further responsibility to Tenant.

DAMAGE TO LEASED PROPERTY. a. If a fire or other mishap damages the Leased Premises, Tenant agrees may continue to notify occupy the livable part if such occupation is permissible under local codes and laws. If Xxxxxx decides to stay, Xxxxxx will pay rent in proportion to the percentage of the square footage of the Leased Premises, which are livable until Landlord immediately repairs the damage. b. If Xxxxxx decides not to stay or occupancy is not permitted, this Lease will end immediate ly. Xxxxxxxx will collect rent then due from Tenant, if any, and then return security deposit plus rent paid in advance for any period after the leased property fire or mishap. Once the Lease has ended, Xxxxxxxx is damaged not responsible for finding replacement housing for Tenant. c. Tenants agree to allow Landlord or Landlord’s representative to enter the Leased Premises whenever necessary to repair damage caused by fire or any other cause. Tenant further agrees to notify Landlord if there is any condition in the leased property that could mishap. d. Any damage the leased property or harm Tenant or others. If the leased property is destroyed by injury resulting from fire or casualty, mishap caused by Tenants or damaged to an extent that Tenant’s guest(s) shall be Tenants’ full responsibility. This shall include the use entire balance of rent payable and all other terms and conditions of the leased property Lease. e. Tenant is substantially impaired, Tenant may: 9.1.1. If continued occupancy is permitted by law, continue to occupy that part of the leased property still usable, in which case Tenant’s liability responsible for rent shall be reduced by proportionately, to an amount determined by Landlord in its sole reasonable discretion, from the rent due under this Lease before the damage, until such time as the damages are repaired. If continued occupancy is not permitted by law, this Lease shall terminate immediately and Tenant must move out within 24 hours, or before the end of the next business day. If this Lease is terminated damage caused as a result of fire windows being left open. Any windows or other casualtyscreens broken or doors damaged by anyone shall be Tenants’ responsibility, the Landlord shall return all prepaid rent plus unused security deposit; or 9.1.2. If it is not reasonably possible for Tenant to live in the leased property, Tenant must notify Landlord immediately that the Lease is ended and may move out within 24 hours. This lease will end as of the date of moving out. If the fire or other casualty unless such damage is caused by Landlord or any contractor or agent working for the act Landlord. f. Tenants agree not to hold Landlord responsible for damage to the Leased Premises or negligence of Tenantinjury to any person caused by water, Tenant’s family snow, or persons who are on the leased property with the permission of Tenantice. g. Lavatories, Tenant shall pay for all repairs sinks, toilets, and all other water and plumbing apparatus should be kept in good order and repair and shall only be used for the purposes for which they were constructed. Any damage to such apparatus from misuse or abuse shall be borne by the Tenants. Clogged sinks, toilets, tubs and other drains are billable service calls. h. Tenant is responsible for all plumbing repairs resulting from neglect or misuse including but not limited to: damaged faucets, leaks, clogged pipes or toilets, water damage resulting from abused fixtures, bathroom caulking that is necessary from misuse of the shower or sink area and frozen pipes resulting from maintaining improperly low heat (below 60 degrees Fahrenheit) in the Leased Premises. Baby wipes, paper towels, excess toilet paper use, feminine/male hygiene products, sweepings, sand, grease, hair, candle wax or any other items that may be flushed down the drain or toilet and result in the need for a professional drain cleaning or other repair shall be billed to the Tenant. Tenant must pay this Lease will remain in effect and expense immediately. Tenant will be is required to continue paying rent even if Tenant cannot occupy keep a plunger on the leased property. Tenant agrees that if the leased property is damaged or destroyed and Tenant ends the Lease, Landlord has no further responsibility Leased Premises to Tenantuse when necessary.

DAMAGE TO LEASED PROPERTY. Tenant agrees to notify Landlord immediately if the leased property is damaged by a. If a fire or any other cause. Tenant further agrees to notify Landlord if there is any condition in mishap damages the leased property that could damage the leased property or harm Tenant or others. If the leased property is destroyed by fire or casualty, or damaged to an extent that the use of the leased property is substantially impairedLeased Premises, Tenant may: 9.1.1. If continued occupancy is permitted by law, may continue to occupy that the livable part if such occupation is permissible under local codes and laws. If Xxxxxx decides to stay, Xxxxxx will pay rent in proportion to the percentage of the leased property still usablesquare footage of the Leased Premises, in which case Tenant’s liability for rent shall be reduced by proportionately, to an amount determined by are livable until Landlord in its sole reasonable discretion, from the rent due under this Lease before repairs the damage, until such time as the damages are repaired. . b. If continued Xxxxxx decides not to stay or occupancy is not permitted by lawpermitted, this Lease will end immediate ly. Xxxxxxxx will collect rent then due from Tenant, if any, and then return security deposit plus rent paid in advance for any period after the fire or mishap. Once the Lease has ended, Xxxxxxxx is not responsible for finding replacement housing for Tenant. c. Tenants agree to allow Landlord or Landlord’s representative to enter the Leased Premises d. Any damage or injury resulting from fire or mishap caused by Tenants or Tenant’s guest(s) shall terminate immediately be Tenants’ full responsibility. This shall include the entire balance of rent payable and Tenant must move out within 24 hours, or before the end all other terms and conditions of the next business day. If this Lease Lease. e. Tenant is terminated responsible for damage caused as a result of fire windows being left open. Any windows or other casualtyscreens broken or doors damaged by anyone shall be Tenants’ responsibility, the Landlord shall return all prepaid rent plus unused security deposit; or 9.1.2. If it is not reasonably possible for Tenant to live in the leased property, Tenant must notify Landlord immediately that the Lease is ended and may move out within 24 hours. This lease will end as of the date of moving out. If the fire or other casualty unless such damage is caused by Landlord or any contractor or agent working for the act Landlord. f. Tenants agree not to hold Landlord responsible for damage to the Leased Premises or negligence of Tenantinjury to any person caused by water, Tenant’s family snow, or persons who are on the leased property with the permission of Tenantice. g. Lavatories, Tenant shall pay for all repairs sinks, toilets, and all other water and plumbing apparatus should be kept in good order and repair and shall only be used for the purposes for which they were constructed. Any damage to such apparatus from misuse or abuse shall be borne by the Tenants. Clogged sinks, toilets, tubs and other drains are billable service calls. h. Tenant is responsible for all plumbing repairs resulting from neglect or misuse including but not limited to: damaged faucets, leaks, clogged pipes or toilets, water damage resulting from abused fixtures, bathroom caulking that is necessary from misuse of the shower or sink area and frozen pipes resulting from maintaining improperly low heat (below 60 degrees Fahrenheit) in the Leased Premises. Baby wipes, paper towels, excess toilet paper use, feminine/male hygiene products, sweepings, sand, grease, hair, candle wax or any other items that may be flushed down the drain or toilet and result in the need for a professional drain cleaning or other repair shall be billed to the Tenant. Tenant must pay this Lease will remain in effect and expense immediately. Tenant will be is required to continue paying rent even if Tenant cannot occupy keep a plunger on the leased property. Tenant agrees that if the leased property is damaged or destroyed and Tenant ends the Lease, Landlord has no further responsibility Leased Premises to Tenantuse when necessary.

DAMAGE TO LEASED PROPERTY. (a) Tenant agrees to shall notify Landlord in writing immediately if upon the leased property is damaged by fire or occurrence of any other cause. Tenant further agrees damage to notify Landlord if there is any condition in the leased property that could damage the leased property or harm Tenant or othersLeased Property. If the leased property is destroyed Leased Property shall be only partially damaged (i.e., the restoration shall be estimated by fire or casualtyLandlord to require less than six (6) months from the date of such damage) and if the proceeds received by Landlord from the insurance policies described in Section 4.03 shall be sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect (but shall not be required) to repair any damage to Tenant's fixtures, equipment, or damaged improvements at Tenant's expense. (b) If the insurance proceeds received by Landlord shall not be sufficient to an extent that pay the use entire cost of repair, or if the leased property is substantially impaireddamage shall not be covered by the insurance policies which Landlord shall maintain under Section 4.03, Tenant may: 9.1.1. If continued occupancy is permitted by law, continue Landlord may elect either to occupy that part of (i) repair the leased property still usabledamage as soon as reasonably possible, in which case Tenant’s liability for rent shall be reduced by proportionately, to an amount determined by Landlord in its sole reasonable discretion, from the rent due under this Lease before the damage, until such time as the damages are repaired. If continued occupancy is not permitted by law, this Lease shall terminate immediately remain in full force and Tenant must move out within 24 hourseffect, or before the end of the next business day. If (ii) terminate this Lease is terminated as a result of fire or other casualty, the Landlord shall return all prepaid rent plus unused security deposit; or 9.1.2. If it is not reasonably possible for Tenant to live in the leased property, Tenant must notify Landlord immediately that the Lease is ended and may move out within 24 hours. This lease will end as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of moving outnotice of the occurrence of the damage whether Landlord elects to repair the damage or terminate this Lease. If Landlord shall elect to repair the fire or other casualty is caused by the act or negligence of Tenant, Tenant’s family or persons who are on the leased property with the permission of Tenantdamage, Tenant shall pay for all repairs Landlord the portion of the "deductible amount" under Landlord's insurance allocable to the damage to the Leased Property and, if the damage shall have been due to an act or omission of Tenant, or Tenant's employees, agents, contractors or invitees, the difference between the actual cost of repair and all other any insurance proceeds received by Landlord. (c) If the damage to the Leased Property shall occur during the last six (6) months of the Lease Term and such damage shall be estimated by Landlord to require more than thirty (30) days to repair, either Landlord or Tenant may elect to terminate this Lease will remain in effect and Tenant will be required as of the date the damage shall have occurred, regardless of the sufficiency of any insurance proceeds. The party electing to continue paying rent even if Tenant cannot occupy terminate this Lease shall give written notification to the leased property. Tenant agrees that if other party of such election within ten (10) days after Tenant's notice to Landlord of the leased property is damaged or destroyed and Tenant ends occurrence of the Lease, Landlord has no further responsibility to Tenantdamage.

DAMAGE TO LEASED PROPERTY. Tenant agrees to notify Landlord immediately if In the leased property event that the Hotel is partially damaged by fire or any other cause. Tenant further agrees casualty during the term of this Lease but not to an extent as to be unsuitable for occupancy or unfit for their intended use or to prevent repair or restoration within a reasonable period of time, then Lessee shall notify Landlord if there is any condition Lessor by notice in writing and Lessor, to the extent of insurance proceeds made available by the insurer, will make such insurance proceeds available to Lessee in the leased property that could damage event Lessee elects to repair and restore the leased property or harm Tenant or othersportion of the Hotel so damaged, and this Lease shall continue in full force and effect. If the leased property Hotel is destroyed wholly or substantially damaged by fire or casualtyother casualty so as to be unsuitable for occupancy or unfit for their intended use or to prevent repair and restoration within a reasonable period of time, or damaged to an extent that the use of the leased property is substantially impaired, Tenant may: 9.1.1then Lessee may cancel this Lease. If continued occupancy is permitted Lessee does not cancel this Lease, then Lessor, to the extent of insurance proceeds made available by lawthe insurer, will make such insurance proceeds available to Lessee, and Lessee shall proceed promptly to repair and restore the Hotel and this Lease shall continue in full force and effect. The rent shall not xxxxx during restoration. Any rebuilding, repair or restoration by Lessee shall be completed in an expeditious manner subject to occupy that delays by causes or condition beyond the reasonable control of Lessee and subject to any disbursement conditions imposed by Lessor's mortgagee. In the event Lessor's mortgagee applies any part of the leased property still usableinsurance proceeds to the outstanding mortgage balance, in which case Tenant’s liability for rent then Lessee shall be reduced by proportionately, have the option to an amount determined by Landlord in its sole reasonable discretion, from the rent due under rebuild or cancel this Lease before the damage, until such Lease. At any time as the damages are repaired. If continued occupancy is not permitted by law, this Lease shall terminate immediately and Tenant must move out within 24 hours, or before the end of the next business day. If this Lease is terminated under this Article VI, all of the insurance proceeds attributable to the Leased Property (including proceeds attributable to the Hotel and Lessor’s Personal Property) shall be delivered to Lessor or Lessor's mortgagee, as Lessor's mortgagee shall so elect, and Lessee shall have no right to any portion of such proceeds. Notwithstanding anything to the contrary set forth herein, in the event that the Leased Property is damaged by a result of casualty which is not covered by fire and extended coverage insurance which Lessor or other casualtyLessee is required to maintain or in the alternative, the Landlord insurance proceeds are not sufficient or available to repair and/or restore the damaged portion of the Leased Property, in whole or in part because Lessor's mortgagee has elected to apply all or part of the insurance proceeds to Lessor's outstanding mortgage balance, then neither party shall return all prepaid rent plus unused security deposit; or 9.1.2. If it is not reasonably possible for Tenant have any obligation to live in repair or restore the leased property, Tenant must notify Landlord immediately that Leased Property and Lessee shall have the right to terminate the Lease is ended and may move out within 24 hours. This lease will end as of the date of moving out. If the fire or other casualty is caused by the act or negligence of Tenant, Tenant’s family or persons who are on the leased property with the permission of Tenant, Tenant shall pay for all repairs and all other damage and this Lease will remain in effect and Tenant will be required upon written notice to continue paying rent even if Tenant cannot occupy the leased property. Tenant agrees that if the leased property is damaged or destroyed and Tenant ends the Lease, Landlord has no further responsibility to TenantLessor.

DAMAGE TO LEASED PROPERTY. Tenant XXXXXX agrees to notify Landlord LANDLORD immediately if the leased property Leased Property is damaged by fire or any other cause. Tenant further agrees to notify Landlord if there is any condition in LANDLORD shall repair the leased property that could same within a reasonable period of time after service upon LANDLORD of written notice of such damage by TENANT, and rent shall not xxxxx during the leased property or harm Tenant or othersperiod of such repairs. If the leased property Leased Property or any part thereof is destroyed damaged by fire or casualty, or damaged other casualty to such an extent that the use of the leased property Leased Property is substantially impaired, Tenant may: 9.1.1or required repairs can be made only by TENANT vacating the Leased Property, in the sole determination of LANDLORD, either LANDLORD or TENANT shall have the right to terminate the Lease in accordance with the terms of. If continued occupancy is permitted by lawHowever, continue to occupy if LANDLORD reasonably believes that part TENANT, his or her guests or invitees, or authorized occupants, were the cause of the leased property still usabledamage or casualty, in which case Tenant’s liability for rent LANDLORD shall so notify TENANT and make disposition of the security deposit by advising TENANT that such funds will be reduced by proportionately, to an amount determined by Landlord in its sole reasonable discretion, from the rent due under this Lease before the damage, held until such time as a determination is made of the damages are repaired. If continued occupancy is not permitted caused by law, this Lease shall terminate immediately and Tenant must move out within 24 hours, or before the end of the next business day. If this Lease is terminated as a result of fire or other casualty, the Landlord shall return all prepaid rent plus unused security deposit; or 9.1.2. If it is not reasonably possible for Tenant to live in the leased property, Tenant must notify Landlord immediately that the Lease is ended and may move out within 24 hours. This lease will end as of the date of moving outTENANT’s acts. If the fire damage to the Leased Property or other casualty is the premises was caused by the deliberate or negligent act or negligence of Tenantany such party, Tenant’s family or persons who are on the leased property with the permission of Tenant, Tenant LANDLORD shall pay for all repairs and all other damage and this Lease will remain in effect and Tenant will be required to continue paying rent even if Tenant cannot occupy the leased property. Tenant agrees that if the leased property is damaged or destroyed and Tenant ends terminate the Lease, Landlord has and TENANT shall be liable for any and all damages arising from any such acts. TENANT hereby releases LANDLORD and Managing Agent for any claims or liability relating to any of the property of TENANT, TENANT’s authorized occupants, guests or invitees. In the event there is a non-emergency property condition, or a mold condition that requires TENANT to temporarily vacate the Leased Property to make the necessary repairs, in the sole determination of LANDLORD, the LANDLORD may upon no further responsibility to Tenant.less than thirty