Common use of Damage to the Demised Premises Clause in Contracts

Damage to the Demised Premises. In the event the Demised Premises are damaged by fire, explosion or any other casualty to an extent which is less than twenty five percent (25%) of the cost of replacement of the Demised Premises, the damage shall promptly be repaired by Landlord at Landlord's expense within ninety (90) days of the casualty. In no event shall Landlord be required to repair or replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event the Demised Premises shall be damaged to the extent of twenty five percent (25%) or more of the cost of replacement, Landlord may elect either to repair or rebuild the Demised Premises within one hundred twenty (120) days of the casualty or Landlord may terminate this Lease upon giving notice of such election in writing to Tenant within thirty (30) days after the occurrence of the event causing the damage. In the event the Demised Premises shall be damaged to the extent such that repairs cannot be reasonably repaired, or are not substantially repaired, within one hundred twenty (120) days, Tenant may terminate this Lease upon giving notice of such termination to Landlord. If the casualty, repairing, or rebuilding shall render the Demised Premises untenantable, in whole or in part, then a proportionate abatement of the rent due hereunder shall be allowed from the date when the damage occurred until the date Landlord completes its work, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenantable bears to the floor space of the Demised Premises. If Landlord is required or elects to repair the Demised Premises as herein provided, Tenant shall repair or replace its stock in trade, fixtures, furniture, furnishings, floor coverings and equipment, and if Tenant has closed, Tenant shall promptly reopen for business.

Damage to the Demised Premises. (a) In the event of partial or total damage or destruction of the Demised Leased Premises are damaged by fire, explosion other casualty, or any other casualty cause whatsoever (except condemnation), Lessee shall give immediate notice to an extent which is less than twenty five percent (25%) of the cost of replacement of the Demised Premises, Lessor. If the damage or destruction is insured against by Lessor, this Lease shall promptly continue in full force and effect, and, to the extent that insurance proceeds respecting such damage or destruction are subject to being utilized and, in fact, may be utilized by Lessor for repair, Lessor shall cause such damage or destruction to be repaired by Landlord with reasonable speed at Landlord's the expense of Lessor, except as otherwise hereinafter provided in this Paragraph 13. If in the reasonable opinion of Lessor the damage or destruction is such that repair thereof cannot reasonably be completed within ninety (90) days of the casualty. In no event date the damage or destruction occurs, Lessor shall Landlord be required have the right to repair or replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event the Demised Premises shall be damaged to the extent of twenty five percent (25%) or more of the cost of replacement, Landlord may elect either to repair or rebuild the Demised Premises within one hundred twenty (120) days of the casualty or Landlord may terminate this Lease upon by the giving of written notice of to such election in writing effect to Tenant Lessee within thirty (30) days after the occurrence of the date of Lessor's receipt of Lessee's notice of damage or destruction. In no event causing shall Lessor be required to restore or repair Lessee's personal property or other contents within the damageLeased Premises. Due allowance shall be made for reasonable delay which may arise by reason of Lessor's adjustment of loss under insurance policies and on account of labor troubles or any other cause beyond Lessor's control. To the extent that the Leased Premises are rendered untenantable, the Rent and Additional Rent shall proportionately abate. If the damage or destruction is not covered by insurancx xxintained by Lessor or if insurance proceeds respecting the damage or destruction are not subject to being utilized for repair and, in fact, may be not so utilized, Lessor shall not be required to repair the damage or destruction. In the event the Demised damage or destruction is so extensive to the building of which the Leased Premises are a part as to render it uneconomical, in Lessor's opinion, to restore the Leased Premises, the Lease, at the option of Lessor, shall be damaged terminated upon written notice to Lessee and Lessee shall immediately thereafter vacate the Leased Premises and surrender the same to Lessor. No such termination shall release Lessee from any liability to Lessor from any of the obligations or duties imposed on Lessee under this Lease prior to the extent such that repairs cannot be reasonably repaired, or are not substantially repaired, within one hundred twenty (120) days, Tenant may terminate damage. Upon any termination of this Lease upon giving notice pursuant to his Paragraph 13(a), Rent and Additional Rent shall be prorated and adjusted to the date of such termination to Landlord. If the casualty, repairing, or rebuilding shall render the Demised Premises untenantable, in whole or in part, then a proportionate abatement of the rent due hereunder shall be allowed from the date when the damage occurred until the date Landlord completes its work, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenantable bears to the floor space of the Demised Premises. If Landlord is required or elects to repair the Demised Premises as herein provided, Tenant shall repair or replace its stock in trade, fixtures, furniture, furnishings, floor coverings and equipment, and if Tenant has closed, Tenant shall promptly reopen for businesstermination.

Damage to the Demised Premises. In If the event the Demised Premises are demised premises shall be damaged by firefire or other cause, explosion Landlord shall diligently and as soon as practicable after such damage occurs repair such damage to the demised premises (excluding the Tenant's personal property) at the expense of Landlord. Notwithstanding the foregoing, (i) if the demised premises or any the building containing the demised premises is damaged by fire or other casualty cause to such an extent which is less than twenty five percent (25%) of the cost of replacement of the Demised Premisesthat, in Landlord's or Tenant's reasonable judgment, the damage cannot be substantially repaired within two hundred (200) days after the date of such damage then either Landlord or Tenant within sixty (60) days from the date of such damage may terminate this Lease by written notice to the other. If either Landlord or Tenant terminates this Lease, the rent and all other charges due hereunder shall promptly be apportioned and paid to the date of such damage. If neither Landlord nor Tenant so elects to terminate this Lease but the damage required to be repaired by Landlord at Landlord's expense is not repaired within ninety two hundred (90200) days from the date of such damage (such two hundred (200) day period to be extended by the casualty. In no event shall period of any delay outside the direct control of Landlord be required to repair or replace plus a reasonable period for a satisfactory settlement with any insurance company involved), Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event the Demised Premises shall be damaged to the extent of twenty five percent within ten (25%) or more of the cost of replacement, Landlord may elect either to repair or rebuild the Demised Premises within one hundred twenty (12010) days from the expiration of such two hundred (200) day period (as the casualty or Landlord same may be extended), may terminate this Lease upon giving by written notice of such election in writing to Tenant within thirty (30) days after the occurrence of the event causing the damage. In the event the Demised Premises shall be damaged to the extent such that repairs cannot be reasonably repaired, or are not substantially repaired, within one hundred twenty (120) days, Tenant may terminate this Lease upon giving notice of such termination to Landlord. If During the casualty, repairing, or rebuilding shall render the Demised Premises untenantable, in whole or in part, then a proportionate abatement period that Tenant is deprived of the use of all or any portion of the demised premises, all rent and other charges due hereunder shall be allowed from the date when the damage occurred until the date Landlord completes its work, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenantable bears to the floor space of the Demised Premises. If Landlord is required or elects to repair the Demised Premises as herein provided, Tenant shall repair or replace its stock in trade, fixtures, furniture, furnishings, floor coverings and equipment, and if Tenant has closed, Tenant shall promptly reopen for businessabated.

Damage to the Demised Premises. In the event If at any time during the Demised Premises are damaged by fire, explosion or any other casualty to an extent which is less than twenty five percent (25%) of the cost of replacement of the Demised PremisesTerm, the damage shall promptly be repaired by Landlord at Landlord's expense within ninety (90) days building which constitutes a part of the casualty. In no event shall Landlord be required to repair or replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event the Demised Premises shall be damaged or destroyed, said building promptly shall be repaired or rebuilt or restored by Landlord to the extent condition as good as the same was immediately prior to such damage or destruction but in accordance with plans and specifications mutually agreed upon by Landlord and Tenant. The work of twenty five percent (25%) restoration or more rebuilding shall be in full compliance with all laws and regulations and governmental ordinances applicable thereto. During any such period that the damage or destruction is such as to render the use of the cost building constituting a part of replacement, Landlord may elect either to repair or rebuild the Demised Premises within one hundred twenty (120) days impractical or impossible in the reasonable opinion of Tenant, the rents herein provided shall xxxxx. In the event such building shall be used by Tenant for the operation of business, rents shall be paid in proportion to the amount and value of the casualty building available for use so that there will be a fair apportionment of rent. If the building constitutes a part of the Demised Premises shall be totally destroyed during the last year of the Original Term or during the renewal term, then and in that event either Landlord or Tenant may terminate this Lease upon giving notice lease as of the date of such election in writing damage or destruction by thirty (30) days' written notice to Tenant the other; provided, however, if within thirty (30) days after the occurrence receipt by Tenant of the event causing the damage. In the event the Demised Premises shall be damaged to the extent any such that repairs cannot be reasonably repaired, or are not substantially repaired, within one hundred twenty (120) days, Tenant may terminate this Lease upon giving notice of such termination to from Landlord. If the casualty, repairing, or rebuilding shall render the Demised Premises untenantable, in whole or in part, then a proportionate abatement of the rent due hereunder shall be allowed from the date when the damage occurred until the date Landlord completes its work, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenantable bears to the floor space of the Demised Premises. If Landlord is required or elects to repair the Demised Premises as herein provided, Tenant shall repair or replace give notice of its stock in tradeintention to exercise any option to renew for the renewal term, fixturesthis lease shall not terminate, furniture, furnishings, floor coverings notwithstanding any notice of termination which may have been previously given by Landlord to Tenant and equipment, Landlord shall rebuild and if Tenant has closed, Tenant shall promptly reopen for businessrestore the building as aforesaid.

Damage to the Demised Premises. In the event the Demised Premises are damaged by fire, explosion or any other casualty to an extent which is less than twenty five percent (25%) of the cost of replacement of the Demised Premises, the damage shall promptly be repaired by Landlord at Landlord's expense within ninety (90) days of the casualty. In no event shall Landlord be required to repair or replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event If the Demised Premises shall be damaged by fire or other cause without the fault or neglect of Lessee, Lessor shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effectuate a satisfactory settlement with any insurance company) repair such damage (but excluding Lessee's furniture, fixtures, furnishings, equipment, improvements and/or alterations) at the expense of the Lessor, and the Monthly Base Rent shall be reduced in proportion to the extent the Demised Premises are rendered untenantable, until such repairs are completed, provided, however, that if the Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within sixty (60) days from the date of twenty five percent such damage, Lessor shall have the option of terminating this Lease by giving written-notice to Lessee of such decision and the Lease Term shall terminate on the day such notice is given. Notwithstanding the foregoing, in the event the Building shall be damaged or destroyed by fire or other casualty during the last twelve (25%12) or more months of the cost of replacementLease Term, Landlord may elect either Lessor shall have no obligation to repair or rebuild the Demised Premises within one hundred twenty (120) days Premises, and upon giving Lessee notice of Lessor's election not to rebuild the casualty or Landlord may terminate Demised Premises, this Lease upon giving notice shall cease and determine as fully as if the date of such election in writing notice were the scheduled termination date of this Lease. No compensation or claim or reduction of Rent will be allowed or paid Lessor by reason of inconvenience, annoyance, or injury to Tenant within thirty (30) days after business arising from the occurrence necessity of the event causing the damage. In the event repairing the Demised Premises shall be damaged to the extent such that repairs cannot be reasonably repaired, or are not substantially repaired, within one hundred twenty (120) days, Tenant may terminate this Lease upon giving notice of such termination to Landlord. If the casualty, repairing, or rebuilding shall render the Demised Premises untenantable, in whole or in part, then a proportionate abatement any portion of the rent due hereunder shall be allowed from Building however the date when the damage occurred until the date Landlord completes its work, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenantable bears to the floor space of the Demised Premises. If Landlord is required or elects to repair the Demised Premises as herein provided, Tenant shall repair or replace its stock in trade, fixtures, furniture, furnishings, floor coverings and equipment, and if Tenant has closed, Tenant shall promptly reopen for businessnecessity may occur.