DAMAGES BY CASUALTY. 13.1 If the demised premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole, or part, Landlord shall at its own expense cause such damage to be repaired, and the rent shall not be abated. If by reason of such occurrence the demised premises shall be rendered untenantable only in part, Landlord shall at its own expense cause the damage to be repaired, and the fixed minimum rent meanwhile shall be abated proportionately as to the portion of the demised premises rendered untenantable. If the demised premises shall be rendered wholly untenantable by reason of such occurrence, the Landlord shall at its own expense cause such damage to be repaired, and the fixed minimum rent shall xxxxx until the demised premises have been restored and rendered tenantable, or Landlord may at its election terminate this Lease and the tenancy hereby created by giving to Tenant within the sixty (60) days following the date of said occurrence, written notice of Landlord's election so to do and, in the event of such termination, rent shall be adjusted as of such date.
13.2 In the event that fifty (50%) percent or more of the rentable area of the Shopping Center shall be damaged or destroyed by fire or other cause, notwithstanding that the demised premises may be unaffected by such fire or other cause, Landlord may terminate this Lease and the tenancy hereby created by giving to Tenant five (5) days prior written notice of Landlord's election so to do, which notice shall be given, if at all, within the sixty (60) days following the date of said occurrence. Rent shall be adjusted as of the date of such termination.
13.3 Notwithstanding the provisions of Section 13.1 of this Article, if the demised premises shall be damaged by fire or other causes resulting from the fault or negligence of Tenant or Tenant's agents, employees, invitees, visitors or uninvited visitors the same shall be repaired by and at the expense of Tenant under the direction and supervision of Landlord and rent shall not be abated.
DAMAGES BY CASUALTY. 12 ARTICLE 18.
DAMAGES BY CASUALTY. Any fire or damages caused by Lessee shall not effect the terms of this Lease or Lessee's obligation to pay rent. Lessee shall give immediate written notice to Lessor of any damage to the leased premises by fire or other casualty. In the event that the building improvements located on the leased premises shall be damaged or destroyed by fire or other casualty insured by the fire and extended coverage provided by the Lessee, Lessor shall proceed with reasonable diligence and at its cost, to replace and repair the building and contents to its original condition at the time of signing of the lease. There shall be no abatement in the payment of rentals due from Lessee to Lessor.
DAMAGES BY CASUALTY. 13.1 If the demised premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole, or part, Landlord shall at its own expense cause such damage to be repaired, and the rent shall not be abated. If by reason of such occurrence the demised premises shall be rendered untenantable only in part, Landlord shall at its own
13.2 In the event that fifty (50%) percent or more of the rentable area of the Shopping Center shall be damaged or destroyed by fire or other cause, notwithstanding that the demised premises may be unaffected by such fire or other cause, Landlord may terminate this Lease and the tenancy hereby created by giving to Tenant five (5) days prior written notice of Landlord's election so to do, which notice shall be given, if at all, within the sixty (60) days following the date of said occurrence. Rent shall be adjusted as of the date of such termination.
13.3 Notwithstanding the provisions of Section 13.1 of this Article, if the demised premises shall be damaged by fire or other causes resulting from the fault or negligence of Tenant or Tenant's agents, employees, invitees, visitors or uninvited visitors the same shall be repaired by and at the expense of Tenant under the direction and supervision of Landlord and rent shall not be abated.
DAMAGES BY CASUALTY. Tenant shall give immediate written notice to the Landlord of any damage caused to the Demised Premises by fire or other casualty.
DAMAGES BY CASUALTY. Should the demised premises be partially damaged or destroyed or be declared unsafe or unfit for occupancy by any authorized public authority for any reason other than Lessee's act, use or occupation, and repairs can be made within ninety (90) days, Lessors, within fifteen (15) days after the happening of the casualty or declaration, shall elect either to repair the demised premises or not to repair the same. If Lessors elect to make such repairs, this lease shall not terminate, but Lessee shall be entitled to proportionate reduction of rent while such repairs are being made, such proportionate reduction shall be based upon the portion of the leased premises rendered untenantable or unusable. If Lessors elect not to make such repairs, this lease may be terminated at the option of either of the parties. If such repairs cannot be made within ninety (90) days, this lease may be terminated at the option of either of the parties. Upon the total destruction (including any destruction required by any authorized public authority) at any time during the term of this lease of either the leased premises or the building or structures of which they are a part, either party shall have the option to terminate this lease.
DAMAGES BY CASUALTY. 29 ARTICLE 16:
DAMAGES BY CASUALTY a. If the Building or other improvements shall be damaged or destroyed during the Term by fire or other casualty, Tenant shall have the right, but not the obligation, to elect to cancel or terminate this Lease. Said right shall be exercised in writing and delivered to Landlord within sixty (60) days after the date of such occurrence as set forth in this Section. Upon such termination, Landlord shall be entitled to all insurance proceeds covering the Premises (but not covering Tenant's equipment, trade or business fixtures or personal property, furnishings or furniture) resulting from such damage or destruction.
b. If the Building or other improvements shall be damaged or destroyed during the Term by fire or other casualty, and Tenant elects not to terminate the Lease, as permitted above, then promptly after adjustment of the insurance claim, Landlord shall repair and restore the Building, Premises and improvements to approximately the same condition as existed immediately prior to the date of such damage or destruction. During the time of such repair and restoration, if Tenant is unable to operate its business, there shall be an abatement of all rental obligations hereunder. In the event the Premises are partially destroyed or damaged by fire or other hazard so that the Premises can be only partially used by Tenant for the purpose herein provided, then there shall be a partial abatement in the Tenant's rental obligations corresponding to the time and extent which the Premises cannot be used by Tenant. Tenant agrees that during any period of reconstruction or repair of the Premises, it will continue the operation of its business within the Premises to the extent practicable.
DAMAGES BY CASUALTY. The Purchased Assets and the Retained Assets shall not have been materially adversely affected on or prior to the Closing as a result of any accident or other casualty (whether or not adequately covered by insurance) occurring on or after the date hereof and prior to the Closing Time.
DAMAGES BY CASUALTY. 17.1 Tenant must give immediate written notice to the Landlord of any damage caused to the Demised Premises by fire or other casualty.
17.2 In the event that the Demised Premises are damaged or destroyed by fire or any other casualty, regardless of the extent of the damage or destruction, Xxxxxxxx agrees to deliver to Tenant, within ninety (90) days after Xxxxxx delivers to Landlord the written notice required by the terms of Section 17.1 above, a realistic construction schedule, prepared by a reputable general contractor acceptable to Landlord, setting forth such general contractor's estimated time periods to substantially complete the repair and reconstruction. Thereafter, within six (6) months of the date of the damage or destruction, Landlord must begin the repair, replacement, or reconstruction of the damaged or destroyed building or improvement and pursue the repair, reconstruction or replacement with reasonable diligence so as to restore the building to substantially the same condition it was in before the casualty. initials initials
17.3 In the event the Demised Premises are damaged or destroyed by fire or other casualty, and the holder of any mortgage, deed of trust or other lien senior to this Lease elects under the terms of its security documents to apply all or any portion of the insurance proceeds to the reduction of Landlord's indebtedness, then Landlord may terminate this Lease within sixty (60) days after Landlord delivers the Construction Schedule to Tenant. Any termination under this Section 17.3 will be effective on the date such notice is delivered to Tenant. If Landlord fails to terminate this Lease in the manner set forth above, then Landlord will be deemed to have waived the termination right under this Section 17.3.
17.4 Tenant agrees that during any period of reconstruction or repair of the Demised Premises, it will continue the operation of its business within the Demised Premises to the extent practicable. During the period from the occurrence of any casualty at the Demised Premises until Xxxxxxxx's required repairs are completed, the Base Rent will be reduced to such extent as may be fair and reasonable under the circumstances; however, there will be no abatement of the other charges provided for in this Lease.
