Common use of Damage to the Demised Premises Clause in Contracts

Damage to the Demised Premises. 24.1 If the Demised Premises shall be damaged by the elements or other casualty not due to Tenant’s negligence, or by fire, but are not thereby rendered untenantable, as determined by the City Manager, in his sole discretion, in whole or in part, and such damage is covered by the City’s insurance, if any, (hereinafter referred to as “such occurrence”), the City, shall, as soon as possible after such occurrence, utilize the insurance proceeds to cause such damage to be repaired and the Rent (Base Rent and Additional Rent) shall not be abated. If by reason of such occurrence, the Demised Premises shall be rendered untenantable, as determined by the City Manager, in his sole discretion, only in part, the City shall as soon as possible utilize the insurance proceeds to cause the damage to be repaired, and the Rent meanwhile shall be abated proportionately as to the portion of the Demised Premises rendered untenantable; provided however, that the City shall promptly obtain a good faith estimate of the time required to render the Demised Premises tenantable and if such time exceeds sixty (60) days, either party shall have the option of canceling this Agreement. 24.2 If the Demised Premises shall be rendered wholly untenantable by reason of such occurrence, the City shall have the option, but not the obligation, in its sole discretion, to utilize the insurance proceeds to cause such damage to be repaired and the Rent meanwhile shall be abated. However, the City shall have the right, to be exercised by notice in writing delivered to Tenant within sixty (60) days from and after said occurrence, to elect not to reconstruct the destroyed Demised Premises, and in such event, this Agreement and the tenancy hereby created shall cease as of the date of said occurrence, the Rent to be adjusted as of such date. If the Demised Premises shall be rendered wholly untenantable, Tenant shall have the right, to be exercised by notice in writing, delivered to the City within thirty (30) days from and after said occurrence, to elect to terminate this Agreement, the Rent to be adjusted accordingly. 24.3 Notwithstanding any clause contained in this Section 24, if the damage is not covered by the City’s insurance, then the City shall have no obligation to repair the damage, but the City shall advise Tenant in writing within thirty (30) days of the occurrence giving rise to the damage and of its decision not to repair, and the Tenant may, at any time thereafter, elect to terminate this Agreement, and the Rent shall be adjusted accordingly.

Damage to the Demised Premises. 24.1 If at any time during the Demised Term, the building which constitutes a part of the Demised Premises shall be damaged or destroyed, said building promptly shall be repaired or rebuilt or restored by Landlord to the elements or other casualty not due condition as good as the same was immediately prior to Tenant’s negligence, or by fire, but are not thereby rendered untenantable, as determined by the City Manager, in his sole discretion, in whole or in part, and such damage or destruction but in accordance with plans and specifications mutually agreed upon by Landlord and Tenant. The work of restoration or 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 covered by such as to render the City’s insurance, if any, (hereinafter referred to as “such occurrence”)use of the building constituting a part of the Demised Premises impractical or impossible in the reasonable opinion of Tenant, the Cityrents herein provided shall xxxxx. In the event such building shall be used by Tenant for the operation of business, shall, as soon as possible after such occurrence, utilize rents shall be paid in proportion to the insurance proceeds to cause such damage to amount and value of the building available for use so that there will be repaired and the Rent (Base Rent and Additional Rent) shall not be abateda fair apportionment of rent. If by reason the building constitutes a part of such occurrence, the Demised Premises shall be rendered untenantable, as determined by totally destroyed during the City Manager, in his sole discretion, only in part, the City shall as soon as possible utilize the insurance proceeds to cause the damage to be repaired, and the Rent meanwhile shall be abated proportionately as to the portion last year of the Demised Premises rendered untenantable; provided howeverOriginal Term or during the renewal term, that the City shall promptly obtain a good faith estimate of the time required to render the Demised Premises tenantable and if such time exceeds sixty (60) days, either party shall have the option of canceling this Agreement. 24.2 If the Demised Premises shall be rendered wholly untenantable by reason of such occurrence, the City shall have the option, but not the obligation, in its sole discretion, to utilize the insurance proceeds to cause such damage to be repaired and the Rent meanwhile shall be abated. However, the City shall have the right, to be exercised by notice in writing delivered to Tenant within sixty (60) days from and after said occurrence, to elect not to reconstruct the destroyed Demised Premises, then and in such event, that event either Landlord or Tenant may terminate this Agreement and the tenancy hereby created shall cease lease as of the date of said occurrence, the Rent to be adjusted as of such date. If the Demised Premises shall be rendered wholly untenantable, Tenant shall have the right, to be exercised damage or destruction by thirty (30) days' written notice in writing, delivered to the City other; provided, however, if within thirty (30) days after receipt by Tenant of any such notice from and after said occurrenceLandlord, to elect to terminate this Agreement, the Rent to be adjusted accordingly. 24.3 Notwithstanding any clause contained in this Section 24, if the damage is not covered by the City’s insurance, then the City Tenant shall have no obligation to repair the damage, but the City shall advise Tenant in writing within thirty (30) days of the occurrence giving rise to the damage and give notice of its decision intention to exercise any option to renew for the renewal term, this lease shall not terminate, notwithstanding any notice of termination which may have been previously given by Landlord to repair, Tenant and Landlord shall rebuild and restore the Tenant may, at any time thereafter, elect to terminate this Agreement, and the Rent shall be adjusted accordinglybuilding as aforesaid.

Damage to the Demised Premises. 24.1 If 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 by to the elements extent of twenty five percent (25%) or other 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 due to Tenant’s negligencebe reasonably repaired, or by fire, but are not thereby rendered 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, as determined by the City Manager, in his sole discretion, in whole or in part, and such then a proportionate abatement of the rent due hereunder shall be allowed from the date when the damage is covered by occurred until the City’s insurancedate Landlord completes its work, if any, (hereinafter referred to as “such occurrence”), the City, shall, as soon as possible after such occurrence, utilize the insurance proceeds to cause such damage said proportion to be repaired and computed on the Rent (Base Rent and Additional Rent) shall not be abatedbasis of the relation which the gross square foot area of the space rendered untenantable bears to the floor space of the Demised Premises. If by reason of such occurrence, Landlord is required or elects to repair the Demised Premises shall be rendered untenantable, as determined by the City Manager, in his sole discretion, only in part, the City shall as soon as possible utilize the insurance proceeds to cause the damage to be repaired, and the Rent meanwhile shall be abated proportionately as to the portion of the Demised Premises rendered untenantable; provided however, that the City shall promptly obtain a good faith estimate of the time required to render the Demised Premises tenantable and if such time exceeds sixty (60) days, either party shall have the option of canceling this Agreement. 24.2 If the Demised Premises shall be rendered wholly untenantable by reason of such occurrence, the City shall have the option, but not the obligation, in its sole discretion, to utilize the insurance proceeds to cause such damage to be repaired and the Rent meanwhile shall be abated. However, the City shall have the right, to be exercised by notice in writing delivered to Tenant within sixty (60) days from and after said occurrence, to elect not to reconstruct the destroyed Demised Premises, and in such event, this Agreement and the tenancy hereby created shall cease as of the date of said occurrence, the Rent to be adjusted as of such date. If the Demised Premises shall be rendered wholly untenantableherein provided, Tenant shall have the rightrepair or replace its stock in trade, to be exercised by notice in writingfixtures, delivered to the City within thirty (30) days from furniture, furnishings, floor coverings and after said occurrence, to elect to terminate this Agreement, the Rent to be adjusted accordingly. 24.3 Notwithstanding any clause contained in this Section 24, if the damage is not covered by the City’s insurance, then the City shall have no obligation to repair the damage, but the City shall advise Tenant in writing within thirty (30) days of the occurrence giving rise to the damage and of its decision not to repairequipment, and the if Tenant mayhas closed, at any time thereafter, elect to terminate this Agreement, and the Rent Tenant shall be adjusted accordinglypromptly reopen for business.

Damage to the Demised Premises. 24.1 If the Demised Premises shall be damaged by the elements fire or other casualty not due 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 Tenant’s negligenceeffectuate a satisfactory settlement with any insurance company) repair such damage (but excluding Lessee's furniture, or by firefixtures, but 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 not thereby rendered untenantable, as determined by the City Manageruntil such repairs are completed, in his sole discretionprovided, in whole or in part, and such damage is covered by the City’s insurance, if any, (hereinafter referred to as “such occurrence”), the City, shall, as soon as possible after such occurrence, utilize the insurance proceeds to cause such damage to be repaired and the Rent (Base Rent and Additional Rent) shall not be abated. If by reason of such occurrence, the Demised Premises shall be rendered untenantable, as determined by the City Manager, in his sole discretion, only in part, the City shall as soon as possible utilize the insurance proceeds to cause the damage to be repaired, and the Rent meanwhile shall be abated proportionately as to the portion of the Demised Premises rendered untenantable; provided however, that if the City shall promptly obtain a good faith estimate of Building is damaged by fire or other cause to such extent that the time required to render the Demised Premises tenantable and if such time exceeds sixty (60) days, either party shall have the option of canceling this Agreement. 24.2 If the Demised Premises shall damage cannot be rendered wholly untenantable by reason of such occurrence, the City shall have the option, but not the obligation, in its sole discretion, to utilize the insurance proceeds to cause such damage to be fully repaired and the Rent meanwhile shall be abated. However, the City shall have the right, to be exercised by notice in writing delivered to Tenant within sixty (60) days from and after said occurrence, to elect not to reconstruct the destroyed Demised Premises, and in such event, this Agreement and the tenancy hereby created shall cease as of the date of said occurrencesuch damage, the Rent to be adjusted as of such date. If the Demised Premises shall be rendered wholly untenantable, Tenant Lessor shall have the rightoption 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, to in the event the Building shall be exercised damaged or destroyed by notice in writingfire or other casualty during the last twelve (12) months of the Lease Term, delivered to the City within thirty (30) days from and after said occurrence, to elect to terminate this Agreement, the Rent to be adjusted accordingly. 24.3 Notwithstanding any clause contained in this Section 24, if the damage is not covered by the City’s insurance, then the City Lessor shall have no obligation to repair rebuild the damageDemised Premises, but and upon giving Lessee notice of Lessor's election not to rebuild the City Demised Premises, this Lease shall advise Tenant in writing within thirty (30) days cease and determine as fully as if the date of such 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 business arising from the necessity of repairing the Demised Premises or any portion of the occurrence giving rise to Building however the damage and of its decision not to repair, and the Tenant may, at any time thereafter, elect to terminate this Agreement, and the Rent shall be adjusted accordinglynecessity may occur.

Damage to the Demised Premises. 24.1 If (a) In the Demised event of partial or total damage or destruction of the Leased Premises shall be damaged by the elements or other casualty not due to Tenant’s negligence, or by fire, but other casualty, or any cause whatsoever (except condemnation), Lessee shall give immediate notice to Lessor. If the damage or destruction is insured against by Lessor, this Lease shall continue in full force and effect, and, to the extent that insurance proceeds respecting such damage or destruction are not thereby rendered untenantable, as determined by the City Managersubject to being utilized and, in his sole discretionfact, in whole or in partmay be utilized by Lessor for repair, and such damage is covered by the City’s insurance, if any, (hereinafter referred to as “such occurrence”), the City, shall, as soon as possible after such occurrence, utilize the insurance proceeds to Lessor shall cause such damage or destruction to be repaired and with reasonable speed at the Rent (Base Rent and Additional Rent) shall not be abatedexpense of Lessor, except as otherwise hereinafter provided in this Paragraph 13. If by reason in the reasonable opinion of such occurrence, the Demised Premises shall be rendered untenantable, as determined by the City Manager, in his sole discretion, only in part, the City shall as soon as possible utilize the insurance proceeds to cause Lessor the damage to or destruction is such that repair thereof cannot reasonably be repaired, and the Rent meanwhile shall be abated proportionately as to the portion completed within ninety (90) days of the Demised Premises rendered untenantable; provided howeverdate the damage or destruction occurs, that the City shall promptly obtain a good faith estimate of the time required to render the Demised Premises tenantable and if such time exceeds sixty (60) days, either party Lessor shall have the option of canceling this Agreement. 24.2 If the Demised Premises shall be rendered wholly untenantable by reason of such occurrence, the City shall have the option, but not the obligation, in its sole discretion, to utilize the insurance proceeds to cause such damage to be repaired and the Rent meanwhile shall be abated. However, the City shall have the right, to be exercised by notice in writing delivered to Tenant within sixty (60) days from and after said occurrence, to elect not to reconstruct the destroyed Demised Premises, and in such event, this Agreement and the tenancy hereby created shall cease as of the date of said occurrence, the Rent to be adjusted as of such date. If the Demised Premises shall be rendered wholly untenantable, Tenant shall have the right, to be exercised by notice in writing, delivered to the City within thirty (30) days from and after said occurrence, to elect right to terminate this Agreement, the Rent to be adjusted accordingly. 24.3 Notwithstanding any clause contained in this Section 24, if the damage is not covered Lease by the City’s insurance, then the City shall have no obligation giving of written notice to repair the damage, but the City shall advise Tenant in writing such effect to Lessee within thirty (30) days of the occurrence giving rise date of Lessor's receipt of Lessee's notice of damage or destruction. In no event shall Lessor be required to restore or repair Lessee's personal property or other contents within the Leased 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 damage or destruction is so extensive to the damage and building of its decision not which the Leased Premises are a part as to repairrender it uneconomical, and in Lessor's opinion, to restore the Tenant mayLeased Premises, the Lease, at the option of Lessor, shall be 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 time thereafterliability to Lessor from any of the obligations or duties imposed on Lessee under this Lease prior to the damage. Upon any termination of this Lease pursuant to his Paragraph 13(a), elect to terminate this Agreement, Rent and the Additional Rent shall be prorated and adjusted accordinglyto the date of such termination. (b) Lessee hereby waives any and all right of recovery which it might otherwise have against Lessor, its agents and employees, for loss or damage to Lessee's contents, furniture, furnishings, fixtures and other property removable by Lessee under the provisions of this Lease to the extent that the same is to be covered by Lessee's insurance thereunder, except where such loss or damage may result from the negligence of fault of Lessor, its agents, employees or contractors.