Damage to the Leased Premises. (a) If by reason of fire or other casualty the Leased Premises are damaged and Landlord reasonably determines that either twenty five percent (25%) or more of the area of the Leased Premises or of the Building have become untenantable as a result, which determination shall be made and notice thereof given to Tenant within thirty (30) days of such fire or other casualty, then either Landlord or Tenant may, within thirty (30) days after such fire or casualty, give the other notice of its election to terminate this Lease, in which event this Lease shall terminate effective as of the date of such fire or casualty. Upon such termination, Landlord and Tenant shall each thereafter be released from any further liability accrued under this Lease. Tenant shall pay Landlord the Base Rent and the Additional Rent up to such date; provided, however, that Tenant shall receive a proportionate refund from Landlord of any prepaid Base Rent or Additional Rent. In the event that neither Landlord nor Tenant exercises its option to terminate this Lease, then Landlord shall repair or restore such damage, this Lease continuing in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Leased Premises from time to time.
(b) If by reason of fire or other casualty the Leased Premises are damaged and Landlord determines that less than twenty-five percent (25%) of the area of the Leased Premises and the Building are damaged but all or some portion of the Leased Premises are untenantable as a result, Landlord shall, at its sole cost and expense, promptly restore that portion of the Leased Premises to a condition substantially similar to that existing at the Commencement Date. Similarly, Tenant shall, upon completion of Landlord’s restoration or, to the extent practicable, in concert therewith, restore the remainder of the Leased Premises to such condition at its sole cost and expense. If such repairs cannot, in Landlord’s reasonable estimation, be made within one hundred eighty (180) days, Landlord and Tenant shall each have the option of giving the other, at any time within ninety (90) days after such damage, notice terminating this Lease as of the date of such damage. In the event of the giving of such notice, this Lease shall exp...
Damage to the Leased Premises. Tenants shall be liable for the cost of repairs of any damage to the leased premises caused by Tenants or any guest of Tenants. Except as provided by law, such repairs shall be made by the Landlord at the Tenants’ expense. The cost of such repair may, at the option of Landlord, be considered additional rent due and payable with Tenants’ next regularly scheduled rent payment after receipt of invoices from Landlord.
Damage to the Leased Premises. If at any time during the Lease any portion of the Leased Premises is damaged by a fire, earthquake or other casualty (the “Damage”), the following shall apply:
Damage to the Leased Premises. If the Leased Premises shall be partially damaged or rendered untenantable by fire or other causes, without being due to the fault or neglect of Tenant, or Tenant's servants, employees, agents or licensees, the Leased premises so damaged or rendered untenantable shall be repaired promptly and within a reasonable time, by and at the expense of Landlord and the rent from the time of such damage or untenantability until such repairs shall be completed shall xxxxx in proportion to the part of the Leased Premises which is not reasonably useable by Tenant; in such event, any rent paid in advance shall be apportioned and refunded. If such partial damage or untenantability is due to the fault or negligence of Tenant, or Tenant's servants, employees, agents or licensees, the Leased Premises so damaged shall be repaired promptly and within a reasonable time by Landlord, but there shall be no apportionment or abatement of rent. In the event of the Leased premises being so badly damaged that it cannot be repaired within ninety (90) days from the date of such damage, then the Lease Term hereby created shall, at the option of either the Landlord or the Tenant, cease thirty (30) days after written notice from either party to the other party, and Tenant shall surrender the Leased Premises and all of Tenant's interest therein to Landlord, and shall be liable for rent only to the time of the surrender, and Landlord may reenter and repossess the Leased Premises.
Damage to the Leased Premises. Subject to Section 5.2, if the Leased Premises are damaged or destroyed as a result of a peril insured or required to be insured against by the Landlord, the Landlord will repair the Leased Premises promptly to the extent of the Landlord’s Work, at the Landlord’s expense. If part or all of the Leased Premises are not usable for the purposes contemplated by this Lease because of the damage or destruction, Base Rent and Additional Rent will xxxxx in the proportion that the Leasable Area of the part of the Leased Premises that is not usable is to the Leasable Area of the whole of the Leased Premises from the date of the damage or destruction until the date when the Landlord substantially completes the Landlord’s Work.
Damage to the Leased Premises. The Lessee is liable for all deterioration in the condition of the Leased Premises or damage to them to the extent that such deterioration cannot be considered the natural consequence of a normal or agreed utilization of the Leased Premises, or to the extent that it results from circumstances or events in which the Lessee was demonstrably not involved.
Damage to the Leased Premises. In the event all or any part of the Leased Premises is damaged either directly or indirectly as a result of LESSEE's use or occupancy, whether during the construction, operation, maintenance, or replacement, or removal of improvements or otherwise, due to acts or omissions of LESSEE, its agents, contractors, or employees, LESSEE shall, upon demand, either compensate Government for the loss or damage, or rebuild, replace, or repair the item or items of the Leased Premises or facilities so lost or damaged, as Government may elect.
Damage to the Leased Premises. If during the term of this lease the Leased Premises are damaged or destroyed by any cause not the fault of the Lessee, District in its sole cost shall restore the Leased Premises to substantially the same condition as immediately before the damage or destruction occurred. Rent shall be abated for the time and to the extent Lessee is unable to occupy the Lease Premises.
Damage to the Leased Premises. Except for Lessee-owned property brought onto the Leased Premises, in the event all or any part of the Leased Premises is damaged either directly or indirectly as a result of Lessee’s use or occupancy, whether during the construction, operation, maintenance, or replacement, or removal of improvements or otherwise, due to acts or omissions of Lessee, its agents, contractors, or employees, Lessee shall, upon demand, either compensate Government for the loss or damage, or rebuild, replace, or repair the item or items of the Leased Premises or facilities so lost or damaged, as Government may elect. For the avoidance of doubt, the parties hereto agree and acknowledge that the construction and operation of the Improvements in accordance in all material respects with Attachment B shall not result in any damages to the Leased Premises.
Damage to the Leased Premises. In the event the Leased Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Lessee, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Lessor and Lessee up to the time of such injury or destruction of the Leased Premises, the Lessee paying rentals up to such date. Should a portion of the Leased Premises thereby be rendered uninhabitable, the Lessor shall have the option of either repairing such injured or damaged portion or terminating this Agreement. In the event that Lessor exercises its right to repair such uninhabitable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Leased Premises, and such part so injured shall be restored by Lessor as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.
