Damage to the Building. If during the Term the Building is partially destroyed by any casualty and if in the opinion of Landlord the Building should be restored in such a way as to materially alter the Premises, then Landlord may, at Landlord's election, terminate this Lease by giving notice to Tenant of Landlord's election to do so within sixty (60) days after the date of such destruction.
Damage to the Building. If the Building is damaged, in whole or in part, by fire or other casualty, but the Building is not substantially destroyed as provided above, then the parties hereto shall have the following options:
(i) If, in Landlord's reasonable judgment, the Building cannot be reconstructed or restored within two hundred seventy (270) days of such casualty to substantially the same condition as it was in prior to such casualty, Landlord may terminate this Lease by written notice given to Tenant within thirty (30) days of the casualty. If, in Landlord's reasonable judgement, the Building cannot be reconstructed or restored within two hundred seventy (270) days of such casualty to substantially the same condition as it was in prior to such casualty, but nonetheless Landlord does not so elect to terminate this Lease, then Landlord shall notify Tenant, within thirty (30) days of the casualty, of the amount of time necessary, as reasonably estimated by Landlord, to reconstruct or restore the Building. After receipt of such notice from Landlord, Tenant may elect to terminate this Lease. This election shall be made by Tenant by giving written notice to Landlord within fifteen (15) days after the date of Landlord's notice. If neither party terminates this Lease pursuant to the foregoing, Landlord shall proceed to reconstruct and restore the Building to substantially the same condition as they were in prior to the casualty. In such event this Lease shall continue in full force and effect to the balance of the term, upon the same terms, conditions and covenants as are contained herein; provided, however, that the Rent shall be abated in the proportion which the approximate area of the damaged portion bears to the total area in the Building, from the date of the casualty until substantial completion of the reconstruction of the Building. Notwithstanding the above, if the casualty occurs during the last twelve (12) months of the term of this Lease, either party hereto shall have the right to terminate this Lease as of the date of the casualty, which right shall be exercised by written notice to be given by either party to the other party within thirty (30) days therefrom. If this right is exercised, Rent shall be apportioned to and shall cease as of the date of the casualty. After a casualty occurs during the last twelve (12) months of the term of the Lease, Tenant may not exercise any renewal options without first obtaining Landlord's written consent. Additionally, notwithstand...
Damage to the Building. It is understood and agreed that, notwithstanding the other provisions of this Lease, should the Building at any time be partially or wholly destroyed or damaged by any cause whatsoever, or should demolition of the Building, or any part thereof, be necessitated thereby:
(a) Subject as hereinafter provided in this Section 10.2, the Landlord shall, to the extent of the insurance proceeds available for reconstruction and actually received by the Landlord from its insurers following any election by the Mortgagee to apply all or any portion of such insurance proceeds against the debt owing to the Mortgagee as the case may be, expeditiously reconstruct and repair the Building, and to the extent necessary, the Leased Premises, in accordance with the Landlard's obligations to repair under the provisions of Section 6.4 hereof. Upon substantial completion of the Landiord's work the Landlord shall notify the Tenant, and the Tenant shall forthwith commence and expeditiously complete reconstruction and repair of the Leased Premises to the extent they are so affected, in accordance with the Tenants obligations to repair under the provisions of Section 6.2 hereof,
(b) Rent shall not xxxxx unless the Leased Premises are rendered wholly or partially unfit for occupancy by such occurrence, and in such event, Rent, as of the date of such occurrence shall xxxxx proportionately as to the portion of the Leased Premises rendered unfit for occupancy unfit thirty (30) days following receipt by the Tenant of the Landlord's notice given to the Tenant as provided in subsection 10.2(a) hereof, at which time Rent shall recommence;
(c) If in the opinion of the Architect, such opinion to be given to the Landlord and the Tenant within thirty (30) days of the date of such damage, thirty per cent (30%) or more of the Total Rentable Area of the Building is at any time destroyed or damaged in whole or in part by any cause whatsoever, or by demolition caused or necessitated thereby, notwithstanding that the leased Premises may be unaffected by such occurrence, then and so often as such event occurs, the Landlord may, at its option, by written notice to the Tenant, within thirty (30) days of receipt of such opinion of the Architect, elect to terminate this Lease and in the case of such election the Term and the tenancy hereby created shall expire on the thirtieth (30th) day following the giving of such notice and in such event, Rent shall cease and be adjusted as of the date of such termination...
Damage to the Building. In case of any material damage to or destruction of the Building or any part thereof, Landlord shall promptly and with all diligence commence and complete Restoration. Landlord agrees to in good faith consult with Tenant during any replacement or restoration of the Land or Buildings to address then current and future needs of the Tenant, and to incorporate any reasonable recommendations made by the Tenant as long as those changes do not result in any additional costs to the Landlord. Unless Tenant otherwise consents in writing, the replacement improvements to be constructed shall have a usable area which is not less than the usable area of the Building and shall be of a quality not less than the quality of the Building as the same existed immediately prior to such damage or destruction.
Damage to the Building. In the event the Building is damaged by Fire, flood, or other casualty, the Owner may terminate this Agreement upon ten (10) days prior written notice to the Tenant.
Damage to the Building. If the Building, including the Leased Premises, elevators, boilers, engines, pipes and other apparatus (or any of them) used for the purpose of heating, air conditioning or ventilating the Building or operating the elevators, or if the water pipes, drainage pipes, electric lighting, windows, or other equipment of the Building get out of repair or become damaged or destroyed through the negligence, carelessness or misuse by the Tenant, its servants or employees, or through it or them in any way stopping up or injuring the heating apparatus, elevators, water pipes, drainage. pipes or other equipment, or any part of the Building, the expense of the necessary repairs, replacements or alteration shall be borne by the Tenant who shall pay the same to the Landlord forthwith on demand, unless such damage is covered by the Landlord's insurance.
Damage to the Building. Notwithstanding anything to the contrary herein contained, in the event of a total or partial destruction of the Building by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, Landlord may, within a period of one hundred eighty (180) days after the occurrence of such destruction, notify Tenant in writing that it elects not to reconstruct or restore the Building and thus elects to terminate this Lease as of the date specified in such notice.
Damage to the Building. If any damage or destruction by fire or other cause to the Building, whether partial or not, is due to the fault or negligence of Customer or any Customer Authorized Personnel, without prejudice to the other rights and remedies of Aptum, and without prejudice to the rights of subrogation of Aptum insurer:
(a) Customer shall be liable for all costs and damages in connection with such destruction;
(b) The damages may be repaired by Aptum at Customer’s expense
(c) Customer shall forfeit any abatement of Fees provided in this Agreement and Fees shall remain due.
Damage to the Building. The lessor shall at all times keep the building adequately insured against loss or damage by fire, and so-called “extended coverage” perils, and shall repair or rebuild the same in case of partial damage thereto by fire or other casualty, which repair or rebuilding shall be done as speedily as reasonably possible, subject to interruptions for causes beyond its reasonable control. In case the damage shall be so extensive as to render the apartment untenantable, the rent hereunder shall cease until the apartment shall again be rendered tenantable; and in the case of the total destruction of the building by fire or otherwise, the rent shall be paid up to the time of such destruction, and thereupon this lease and all rights and obligations of the parties hereunder, and the tenancy hereby created shall wholly cease and expire; provided, however, that if the lessor or the insurer shall elect to rebuild the building, this lease shall, at the option of the lessee exercised within 30 days after notice of election to rebuild by the lessor or the insurer, be reinstated at such time as the apartment may again be ready for occupancy.
Damage to the Building. (a) Notwithstanding Section 11.02, if:
(i) twenty-five percent (25%) or more of the Rentable Area of the Building (excluding the Parking Facilities) is Damaged (whether or not the Premises are Damaged); or
(ii) portions of the Building which affect access or services essential thereto are Damaged (whether or not the Premises are Damaged); and the Damage cannot, in the opinion of the Architect, be substantially repaired under Applicable laws within one hundred and eighty (180) days from the date of such Damage (employing normal construction methods without overtime or other premiums), then the Landlord may, by written notice to the Tenant given within ninety (90) days after the date of Damage, terminate this Lease effective thirty (30) days after receipt by the Tenant of the notice and all Rent will xxxxx as of the effective date of termination. The Tenant will have no claim, action, or demand against the Landlord as a result of or arising from any such early termination of this Lease.
(b) If the Building or any part of it is Damaged to the extent described in Section 11.03(a)(i) or (ii) and the Landlord does not terminate this Lease, then the Landlord will promptly rebuild or repair or cause to be rebuilt or repaired the Building to the extent of the Landlord’s obligations under the leases for Leasable Premises that are in force at the time but the Landlord may use plans and specifications and working drawings that are different from those used in the original construction of the Building or any part of it and the rebuilt or repaired Building may be different from the Building before the Damage.