DAMAGES TO PREMISES. If the Premises shall be partially damaged by fire or other casualty insured under Landlord's insurance policies, and if Landlord's lender(s) shall permit insurance proceeds paid as a result thereof to be so used, then upon receipt of the insurance proceeds, Landlord shall, except as otherwise provided herein, promptly repair and restore the Premises (exclusive of improvements made by Tenant, Tenant's trade fixtures, decorations, signs, and contents) substantially to the condition thereof immediately prior to such damage or destruction; limited, however, to the extent of the insurance proceeds received by Landlord. If by reason of such occurrence: (i) the Premises is rendered wholly untenantable; (ii) the Premises is damaged in whole or in part as a result of a risk which is not covered by Landlord's insurance policies; (iii) Landlord's lender does not permit a sufficient amount of the insurance proceeds to be used for restoration purposes; (iv) the Premises is damaged in whole or in part during the last two years of the Term; or (v) the Building containing the Premises is damaged (whether or not the Premises is damaged) to an extent of fifty percent (50%) or more of the fair market value thereof, then Landlord may elect either to repair the damage as aforesaid, or to cancel this Lease by written notice of cancellation given to Tenant within sixty (60) days after the date of such occurrence, and thereupon this Lease shall terminate. Tenant shall vacate and surrender the Premises to Landlord within fifteen (15) days after receipt of such notice of termination. In addition, Tenant may also terminate this Lease by written notice given to Landlord at any time between the one hundred eighty-first (181st) and one hundred ninety-sixth (196th) days after the occurrence of any such casualty, if Landlord has failed to restore the damaged portions of the Building (including the Premises) within one hundred eighty (180) days of such casualty. However, if Landlord is prevented by Delays as defined in Section 2, from completing the restoration within said one hundred eighty (180) day period, and if Landlord provides Tenant with written notice of the cause for the Delays within fifteen (15) days after the occurrence thereof, such notice to contain the reason for the Delays and a good faith estimate of the period of the Delays caused thereby, then Landlord shall have an additional period beyond said one hundred eighty (180) days, equal to the Delays in which to restore th...
DAMAGES TO PREMISES. If the Property is so damaged by fire or from any other cause as to render it untenantable, then either party shall have the right to terminate this Agreement as of the date on which such damage occurs, through written notice to the other party, to be given within (15) fifteen days after occurrence of such damage; except that should such damage or destruction occur as the result of the abuse or negligence of Tenant or Tenant’s guests or invitees, then Landlord only shall have the right to termination, and shall have full recourse against Tenant or Tenant’s guests or invitees for such fault or negligence.
DAMAGES TO PREMISES. If the premises are so damaged by fire or from any other cause as to render them untenantable, then either party shall have the right to terminate this Lease as of the date on which such damage occurs, through written notice to the other party, to be given within fifteen (15) days after occurrence of such damage; except that should such damage or destruction occur as the result of the abuse or negligence of Tenant, or its invitees or guests, then Owner only shall have the right to termination. Should this right be exercised by either Owner or Tenant, then the lease payment for the current month shall be prorated between the parties as of the date the damage occurred and any prepaid lease payment and unused security deposit shall be refunded to Tenant. It this Lease is not terminated, then Owner shall promptly repair the premises and there shall be a proportionate reduction of lease payment until the premises are repaired and ready for Tenant's occupancy. The proportionate reduction shall be based on the extent to which the making of repairs interferes with Tenant's reasonable use of the premises.
DAMAGES TO PREMISES. If the premises are so damaged by fire or from any other cause as to render them untenantable, then either party shall have the right to terminate this Lease as of the date on which such damage occurs, through written notice to the other party, to be given within fifteen (15) days after occurrence of such damage, except that should such damage or destruction occur as the result of the abuse or negligence of Tenant, or his invitees, then owner only shall have the right to termination. Should this right be exercised by either Owner or Tenant, the rent for the current month shall be prorated between the parties as of the date the damage occurred and prepaid rent and unused security deposit shall be refunded to Tenant. If this Lease is not terminated, then Owner shall promptly repair the premises and there shall be proportionate reduction of rent until the premises are repaired and ready for Tenant’s occupancy. The proportionate reduction shall be based on the extent to which the making of repairs interferes with Tenant’s reasonable use of the premises.
DAMAGES TO PREMISES. If the Premises, the Building/s or any part thereof is damaged by fire or other casualty, cause or condition whatsoever and Landlord shall determine not to restore said Premises or Building/s, Landlord may, by written notice to Tenant given within sixty (60) days after such damage, terminate this Lease. Such termination shall become effective as of the date of the damage. If this Lease is not terminated as above provided and if the Premises are made partially or wholly untenantable, Landlord, at its expense, shall restore the same with reasonable promptness to the condition in which Landlord furnished the Premises to Tenant at the commencement of the Lease Term as to those items that were provided to the Premises at Landlord's expense without any reimbursement by Tenant. Landlord shall be under no obligation to restore any alteration, improvements or additions to the Premises made by Tenant or paid for by Tenant, including, but not limited to, any of the initial tenant finish done or paid for by Tenant or any subsequent changes, alterations or additions made by Tenant or reimbursed by Tenant. If as a result of fire or other casualty, cause or condition whatsoever the Premises are made partially or wholly untenantable and, if Landlord has not given the sixty (60) days notice above provided for and fails within one hundred twenty (120) days after such damage occurs to eliminate substantial interference with Tenant's use of said Premises or substantially to restore said Premises, Tenant may terminate this Lease as of the end of said one hundred twenty (120) days by notice to Landlord given not later than five (5) days after expiration of said one hundred twenty (120) day period. If the Premises are rendered totally untenantable but this Lease is not terminated, all rent shall abate from the date of the fire or other relevant cause or condition xxxxl the Premises are ready for occupancy and reasonably accessible to Tenant. If a portion of the Premises is untenantable, rent shall be prorated on a per diem basis and apportioned in accordance wit the portion of the Premises which is usable by the Tenant until the damaged part is ready for the Tenant's occupancy. In all cases, due allowance shall be made for reasonable delay caused by adjustment of insurance loss, strikes, labor difficulties or any cause beyond Landlord's reasonable control. For the purposes of this Lease, said Premises shall be considered tenantable so long as and to the extent that the Premises ...
DAMAGES TO PREMISES. Lessee agrees that if the leased premises, or any portion thereof of which the leased premises are a part, or any furniture, fixtures or equipment located in the leased premises and made available for Lessee's use shall be damaged during the term of this lease by the act, default or negligence of the Lessee's agents, employees, patrons, guest or any person admitted to said premises by Lessee, Lessee will pay to the Lessor upon demand such sum as shall be necessary to restore said premises to an undamaged condition. The Lessee hereby assumes full responsibility during the term of this lease for the acts and conduct of all persons admitted to said premises or to any portion of premises by the consent of Lessee or Lessee's agents.
DAMAGES TO PREMISES. If the premises are partly damaged by fire or otherwise, the Landlord shall make repairs as speedily as possible considering the extent of the damage and without lapse or reduction of rent due and payable under this Lease. However, if the premises are destroyed or so much damaged by fire or any other cause without any fault of the Tenant or his visitors, invitees, or licensees, as to render the premises unusable in the joint opinion of the Landlord and the Tenant then the Landlord, at its option, may either (a) forgive payment of the proportionate part of the rent due from the date of such damage to the date the premises are once again tenantable, or (b) elect to terminate this Lease by giving the Tenant five (5) days written notice thereof, in which case the Lease shall terminate on the said fifth day and the Tenant shall surrender the premises on or before that day, and any future rent installments together with any unused portion of the security deposit shall be refunded to the Tenant prorated to the date of such destruction or damage. No claim for compensation will be made by the Tenant against the Landlord for any inconvenience or annoyance arising out of repairs or improvements made to the premises or any part of the building in which the premises are located at any time.
DAMAGES TO PREMISES. If the Rink, or any part of the Rink, or any equipment located at the Rink during the term of this Agreement is damaged by the act, default or negligence of User, or of User’s agents, employees, patrons, guests or any person admitted to the Rink by User, User will pay to the Association, upon demand, such sums as will be necessary to restore the Rink or equipment contained in or on the Rink to their present condition.
DAMAGES TO PREMISES. In case of injury to the Premises by fire or the elements (not caused by the fault, omission, negligence, or other misconduct of Tenant, Tenant's family, employees, agents or guests), the Landlord will repair the damage, the rent being suspended only for such time as the Premises, in the sole opinion of Landlord, shall remain untenantable; but if the Premises are so damaged that the Landlord shall decide that it is not advisable to repair the Premises with the Tenant occupying same, this Lease shall terminate and the Tenant shall only be liable for rent to the date of injury. SECTION HEADINGS AND NUMBERS. 17. Section Headings and Section Numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, construe or describe the scope or intent of such sections or in any way affect this Lease.
DAMAGES TO PREMISES a. Landlord’s Restoration Obligations
