Damage to or Destruction of the Premises. In the event the Premises are materially damaged in part or destroyed in their entirety, then either party may, at its option and upon written notice to the other party, cancel this Lease effective as of the date of the damage or destruction. If neither party elects to terminate this Lease as provided in this Section 7.6, then Landlord shall restore the Premises to the conditions existing immediately prior to such damage or destruction to the extent insurance proceeds are actually received by Landlord. For purposes of this Section 7.6, “materiality” shall be deemed to be damage to at least 40% of the floor area located within the Premises. If the Premises are not materially damaged, then Landlord agrees to rebuild or repair the Premises to the extent insurance proceeds are actually received by Landlord; provided, however, that if material damage to the Premises occurs during any renewal term, Landlord shall have no obligation to rebuild or repair the Premises if such as determined by Landlord is not commercially practicable during the Term remaining as extended, and both parties shall be released from any further liability under this Lease; provided, further, that Landlord shall have no obligation to repair any material damage unless Tenant waives its right to terminate this Lease in accordance with Section 4.11 above and Tenant renews the lease for any remaining Renewal Terms. Tenant shall remain responsible for the Base Rent for the undamaged portion of the Premises which Tenant is reasonably able to use, if any, in an amount that is determined by multiplying Base Rent by the fraction that is derived by dividing the total undamaged floor area Tenant occupies by the total floor area of the Premises.
Damage to or Destruction of the Premises. 13.1 In the event of the premises being destroyed and therefore rendered totally unfit for occupation, this lease shall be terminated automatically.
13.2 In the event of the premises being damaged and remaining partially suitable for the purpose of the Lessee, the parties shall have the right to terminate the agreement forthwith. Should the parties continue with the agreement, the Lessee shall be entitled to a reduction in rental to the extent to which the Lessee is deprived of the full use of the premises.
Damage to or Destruction of the Premises. Section 15.01 If the Premises or any part thereof shall be damaged or rendered Untenantable by fire or other insured casualty and Tenant gives prompt notice thereof to Landlord and this Lease is not terminated pursuant to any provision of this Article, Landlord shall proceed, with reasonable diligence after the collection of the insurance proceeds attributable to such damage, to repair or cause to be repaired such damage to the Basic Construction of the Building. All other repairs required by reason of such casualty shall be performed by Tenant, at its sole cost and expense, promptly and with due diligence. Except as provided in Section 15.07, the rent shall be equitably abated to the extent that the Premises shall have been rendered Untenantable, such abatement to be from the date of such damage to the date the Premises shall no longer be Untenantable; provided, however, should Tenant reoccupy a portion of the Premises during the period the repair work is taking place and prior to the date the Premises are no longer Untenantable, the rent allocable to such reoccupied portion, based upon the proportion which the reoccupied portion of the Premises bears to the total area of the Premises, shall be payable by Tenant from the date of such occupancy.
Section 15.02 If the Premises shall be totally damaged or rendered wholly Untenantable by fire or other casualty, and Landlord has not terminated this Lease pursuant to Section 15.03 and Landlord has not completed the making of the required repairs to the Premises and access thereto within 9 months from the date of such damage or destruction and such additional time after such date (but in no event to exceed 3 months), as shall equal the aggregate period Landlord may have been delayed in doing so by Force Majeure or adjustment of insurance, Tenant, within 30 days after the date on which Landlord is required to complete the repairs pursuant to this Section, may serve notice on Landlord of its intention to terminate this Lease, and if within said 30 day period, Landlord shall not have substantially completed the making of the required repairs, this Lease shall terminate on the expiration of such 30 day period as if such termination date were the Expiration Date without prejudice, however, to Landlord's or Tenant’s other rights and remedies under the terms of this Lease.
Section 15.03 If the Premises shall be totally destroyed or rendered wholly Untenantable by fire or other casualty or if the Building shall be so dam...
Damage to or Destruction of the Premises. 16.1 In the event of the premises being destroyed and there rendered totally unfit for occupation, this agreement shall be terminated automatically
16.2 In the event of the premises being damaged and remaining partially suitable for the purpose of the lessee, the parties shall be entitled to terminate this agreement by thirty (30)days notice in writing given to the other party within thirty (30) days after such destruction or damage
16.3 Should no notice in terms of 16.2 above be given, then this agreement shall continue and the lessor shall be obliged to proceed expeditiously with work of rebuilding the premises. Should the parties continue with the agreement, the lessee shall be entitled to a reduction in rental to the extent to which the lessee is deprived of the full and beneficial use and occupation of the premises until such time as the premises have been rebuilt or re-instated.
16.4 Should there be any dispute as to the extent to which the premises are unfit for occupation and capable of being used for the purpose for which they are let, the dispute shall be referred to an expect and not as an arbiter, and whose decision shall be final and binding on the parties. The parties shall be, failing which they expect shall be appointed by the chairperson of the Law Society of South Africa or his delegate.
Damage to or Destruction of the Premises. 1. The Authority shall not be responsible for restoration or reconstruction of the Premises in case of damage or destruction by fire or any other external cause, including force majeure.
2. In the event of total destruction of the Premises or the building of which the Premises form a part due to fire, force majeure or any other cause, this Agreement, including the payment obligations assumed by the Authority hereunder, shall immediately terminate. In such event, the Government shall provide the Authority with other suitable premises.
3. In the event of partial destruction of the Premises or the building of which the Premises form a part, the Authority shall have the option to continue with the Agreement if the Government within 60 days of such occurrence satisfies the Authority that adequate measures have been taken or are proposed to restore the Premises within a reasonable time. Should the Authority elect to remain on Premises rendered partially untenable, it shall have the right to a proportionate rebate or reduction of the payments made or due to the Government pursuant to this Agreement.
Damage to or Destruction of the Premises. If the Building or Premises are damaged by fire or other casualty and Landlord shall, pursuant to the terms of the Lease, elect to terminate the Lease, then this Sublease shall cease and terminate on the date of termination of the Lease, and Rent shall be apportioned from the time of the damage as provided in the Lease. Subtenant shall have the same rights to terminate this Sublease as may exist if it were Sublandlord under the 2019 Sublease, and Subtenant shall exercise the same as to this Sublease in accordance with the 2019 Sublease. Otherwise, this Sublease shall remain in full force and effect, and Rent shall axxxx in proportion to any abatement under this Lease. Sublandlord shall have no obligation hereunder to repair any portion of the Building or Premises, whether or not this Sublease shall be terminated, which obligation shall be Landlord's to the extent required under the Lease. If all or any part of the Premises is damaged and this Sublease is not terminated, then Subtenant shall have such repair and restoration obligations as are set forth in the Lease.
Damage to or Destruction of the Premises. In the event the Premises are damaged in part, rendering a portion thereof unusable by Tenant for its business, or destroyed, Landlord agrees to rebuild or repair the Premises to the extent insurance proceeds are available, provided the cost of rebuilding or repairing the damage or destruction does not exceed $10,000,000. If the Premises are damaged or destroyed due to no fault of Tenant, Base Rent shall be partially abated as follows. Tenant shall remain responsible for the Base Rent for the undamaged portion of the Premises, if any, in an amount that is determined by multiplying Base Rent by the fraction that is derived by dividing
Damage to or Destruction of the Premises. If the Premises are damaged or destroyed during the Term by an insured risk so as to be unfit for occupation and use then the Tenant or the Landlord may elect to determine this Lease at any time thereafter but before reinstatement by giving notice in writing to the other.
Damage to or Destruction of the Premises. 14.1 If any Improvement, furniture, furnishings, Fixtures or other property now or hereafter located at the Premises shall be damaged or destroyed by fire or other casualty, this Lease shall not be terminated but shall continue in full force and effect. Tenant may, but shall not be required to, repair, replace or rebuild the Premises or build such other Improvements on the Real Property as may be permissible pursuant to this Lease.
14.2 No damage or destruction to the Premises, or to any Improvement, furniture, furnishings, Fixtures or other property shall permit Landlord or Tenant to terminate this Lease, nor shall the same relieve Landlord or Tenant from liability hereunder, or effect a reduction or abatement of the rent payable hereunder, or relieve Landlord or Tenant from any of such party's other obligations under this Lease. Landlord and Tenant each waives any rights now or hereafter conferred upon it by statute or otherwise to terminate or surrender this Lease or to quit or surrender the Premises, or to any reduction or abatement of rent, on account of any such damage or destruction.
Damage to or Destruction of the Premises. 8.1 If the building or other improvements on the Premises should be damaged or destroyed by fire, flood, or other casualty, Lessee shall give immediate written notice thereof to Lessor.
8.2 If the building or other improvements on the Premises are totally destroyed by fire, flood, or other casualty, or if, in Lessee's reasonable determination, the building or other improvements should be so damaged that rebuilding or repairs cannot be completed within 180 days from the date of written notification by Lessee to Lessor of the occurrence of the damage, Lessor and Lessee are each given the option to terminate this Lease, effective 180 days after either party delivers wri t
8.3 If neither Lessee nor Lessor terminate this Lease under Section 8.2, or if the building or other improvements on the Premises should be damaged by fire, flood or other casualty, but Lessee reasonably determines that rebuilding or repairs can be completed within 180 days from the date of written notification by Lessee to Lessor of the occurrence of the damage, this Lease shall not terminate and the rent shall not be abated. If the casualty has occurred prior to the final three month
