Common use of DAMAGES TO PREMISES Clause in Contracts

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 are occupied. In any event, Tenant shall he responsible for the removal, or restoration, when applicable, of all its damaged property and debris from the Premises, upon request by Landlord or else Tenant must reimburse Landlord for the cost of removal.

DAMAGES TO PREMISES. If the Premises, the Building/s or any part thereof is premises are damaged by fire or from any other casualtycause which renders the premises untenantable, cause or condition whatsoever and Landlord shall determine not either party will have the right 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 Rental Agreement as of the date on which the damage occurs. Written notice of termination will be given to the other party within fifteen (15) days after occurrence of such damage. Should such damage or destruction occur as the result of the damagenegligence of Tenant, or his or her invitees, then only the Landlord will have the right to terminate. Should this right be exercised by either the Landlord or Tenant, rent for the current month will be prorated between the parties as of the date the damage occurred. Any prepaid rent and unused security deposit will be refunded to the Tenant. 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 Rental Agreement is not terminated, all Landlord will promptly repair the premises and there will be a proportionate reduction of rent shall abate from until the date of the fire or other relevant cause or condition xxxxl the Premises premises are repaired and 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 casesThe proportionate reduction will be based on the extent which repairs interfere with Tenant's reasonable use of the premises. ENTRY AND INSPECTION. Landlord or Landlord's agent will have the right to enter the premises: (a) in case of emergency; (b) to make necessary or agreed repairs, due allowance shall decorations, alterations, improvements, supply necessary or agreed services, show the premises to prospective or actual buyers, lenders, tenants, workers, or contractors; (c) when Tenant has abandoned or surrendered the premises. Except under (a) and (c), entry may be made only during normal business hours, and with at least 24 hours prior notice to Tenant. Also, every 1.5 years or 2 years, Landlord will be on-site for reasonable delay caused by adjustment a week to ten days of insurance loss, strikes, labor difficulties or any cause beyond Landlord's reasonable controlmaintenance and repair of the Premises. For Landlord will be staying in the purposes loft of this Lease, said Premises shall be considered tenantable so long as and to the extent that the Premises are occupied. In any eventand will be offering a pro-rated rental payment credit, Tenant shall he responsible for the removalperiod of time, or restoration, when applicable, of all its damaged property while maintenance and debris from the Premises, upon request by Landlord or else Tenant must reimburse Landlord for the cost of removalrepairs are being implemented.

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 xxxxx from the date of the fire or other relevant cause or condition xxxxl until 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 are occupied. In any event, Tenant shall he responsible for the removal, or restoration, when applicable, of all its damaged property and debris from the Premises, upon request by Landlord or else Tenant must reimburse Landlord for the cost of removal.

DAMAGES TO PREMISES. If the Premises, the Building/s or any part thereof is Leased Premises are so damaged by fire or from any other casualtycause as to render them untenantable, cause or condition whatsoever and Landlord then either party shall determine not have the right 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 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 damageabuse or negligence of Tenant or Tenant’s invitees or guests, whether such acts be intentional, negligent, or without fault, then Landlord shall have the unilateral right to terminate the Lease. In the event that Tenant or their invitees or guests cause such damages, Tenant shall remain liable to Landlord for their Rent for the entire term of this Lease, whether or not the Leased Premises are fit for occupation during such period of time. Tenant shall further be liable to Landlord for all losses and damages directly or indirectly sustained by Landlord as a result of such acts including, but not limited to, damage to and cost of repair of the Leased Premises and loss of rental and other income. Should either Landlord or Tenant terminate this Lease pursuant to this section, and provided that Tenant or their invitees or guests did not cause the subject damages, then Rent for the current month shall be prorated between the parties as of the date the damage occurred and any prepaid Rent and unused security deposit shall be refunded to Tenant, less any deductions permitted pursuant to this Lease. 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 damages to the condition in which Landlord furnished the Leased 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 not caused by Tenant or paid their invitees or guests, then Landlord shall promptly repair the Leased Premises and there shall be a proportionate reduction of Rent until the Leased Premises are repaired and ready for by Tenant, including, but not limited to, any ’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 initial tenant finish done or paid Leased Premises. If the Leased Premises are not fit for occupation during the time of repair, and in the event that the damages to the Leased Premises were not caused by Tenant or any subsequent changestheir invitees or guests, alterations or additions made by Tenant or reimbursed by then Rent shall xxxxx during the time of repair unless Landlord provides alternative housing for 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 are occupied. In any event, Tenant shall he responsible for the removal, or restoration, when applicable, of all its damaged property and debris from the Premises, upon request by Landlord or else Tenant must reimburse Landlord for the cost of removal.

DAMAGES TO PREMISES. If In the Premises, event the Building/s or any part thereof is Premises shall be damaged by fire or other casualty during the term of this Lease, after having knowledge thereof Lessee shall give prompt notice thereof in writing to Lessor. If the damage is only to portions of the Premises other than the Building, Lessor shall promptly commence and pursue to completion restoration of the damage and neither party shall have a right to terminate this Lease by reason thereof. If all or substantially all of the Building shall be damaged by such fire or other casualty, cause this Lease shall terminate as of the date of such damage. Should fifty percent (50%) or condition whatsoever and Landlord less of the rentable area of the Building be damaged by any such fire or casualty, Lessor shall restore the Building. If in excess of fifty percent (50%) of the Building is damaged, Lessor may, at its sole option, determine not whether to restore said Premises the Building or Building/s, Landlord may, by written notice to Tenant given within sixty (60) days after such damage, terminate this Lease. Such termination Lessor shall become effective as give notice of its election to restore or terminate by notice to Lessee within thirty (30) days of the date of the damage. If Lessor has elected to restore the Building, Lessor shall include in its notice its reasonable estimate of the time required from the date of the damage to complete the restoration work (the “Restoration Period”). If the Restoration Period is more than ninety (90) days, and Lessor does not give notice terminating this Lease is within the thirty (30) day period provided above, then Lessee may give notice to Lessor, within thirty (30) days after the expiration of the aforesaid thirty (30) day period, terminating this Lease as of the date specified in Lessee’s termination notice, which termination date shall not terminated as above provided and if be before the date of such notice or more than ninety (90) days after the date of Lessee’s termination notice. If Lessee ceases to use any portion of 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 any fire or other casualty, cause or condition whatsoever then during the period the Premises or portion thereof are made partially or wholly untenantable andnot so used, if Landlord has Lessee’s Base Rent and Additional Rent shall be proportionately reduced based upon the extent to which the damage and repair prevents Lessee from conducting, and Lessee does not given conduct, its business at 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 Lessee has failed to maintain insurance in 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 amounts required 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 or if any act or omission by Lessee reduces the amount of insurance available to Lessor for any restoration work required of it pursuant to this Xxxxxxxxx 00, Xxxxxx shall be considered tenantable so long as and to the extent that the Premises are occupied. In any event, Tenant shall he solely responsible for the removal, or restoration, when applicable, costs of all its damaged property restoring the Premises over and debris from above the Premises, upon request available insurance. Any deductible amount shall be paid by Landlord or else Tenant must reimburse Landlord Lessor and Lessee shall have no liability for the cost of removalsame.

DAMAGES TO PREMISES. Tenant shall promptly notify Landlord in writing of any and all damages to the Premises. If the PremisesPremises are so damaged from any cause as to render them untenable, then either party shall have the Building/s or any part thereof is damaged by fire or other casualty, cause or condition whatsoever and Landlord shall determine not right 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 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 damageabuse or negligence of Tenant, or his invitees, then Landlord only shall have the right to termination. Should this right be exercised by either Landlord or Tenant, then rent for the current month shall be prorated between the parties as of the date the damage occurred and any prepaid rent and unused security deposit shall be refunded to Tenant. If this Lease is not terminated terminated, then Landlord shall promptly repair the Premises and there shall be a 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. If any such damage or destruction occurring to the Premises, whether partial or complete, shall occur as above provided the result of the fault or any negligence of Tenant or Tenant’s associates, employees, guests, invitees, agents, licensees, or sub-tenants, there shall be no apportionment or abatement of rent during the Term hereof. SURRENDER OF PREMISES: Upon the termination of this Lease, Tenant shall surrender the Premises to Landlord in as good a condition as it was at the beginning of the term, reasonable wear and tear excepted, together with all pre-approved alterations, and improvements that may have been made during the term hereof. Any personal property remaining on the Premises following the expiration and/or termination hereof shall be deemed to be the property of the Landlord and may be disposed of by the Landlord in it’s sole discretion without liability to the Tenant. Landlord may also charge Tenant all reasonable costs and expenses incurred in removing and/or disposing of Tenant’s abandoned property from the Premises. SECURITY, DAMAGE, UTILITY, AND CLEANING DEPOSIT: The security deposit set forth, if any, shall secure the performance of Xxxxxx’s obligations hereunder. Landlord may, but shall not be obligated to, apply all portions of said deposit on account toward Xxxxxx’s obligations hereunder. Upon termination of the lease for any reason; and, after returning possession of property to Landlord, 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 still so severely damaged by Tenant or paid such that they are deemed untenantable until cured, then Landlord may apply any deposit balance remaining towards loss of rent for by Tenanta period not exceeding the reasonable time needed to cure such defects. Furthermore, 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 agrees 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 are occupied. In any event, Tenant shall he responsible for the removal, or restoration, when applicable, of all its damaged property and debris from the Premises, upon request by Landlord or else Tenant must reimburse Landlord for allowable costs above and beyond those covered by the cost deposit. Tenant shall not have the right to apply the security deposit in payment of removalrent.