Destruction and Damage. (a) The Tenant’s obligations under Article 10 are all subject to Strata Property Laws and the Bylaws.
(b) If and to the extent that the Strata Corporation is required to repair or rebuild any of the Damaged Premises, the Tenant shall be relieved of its obligations under Article 10 to effect the applicable repairs or rebuilding of the Damaged Premises provided that the Tenant has used diligent efforts, and provided adequate funds to cause the Strata Corporation to effect any such repairs and rebuilding (including without limitation, through exercise of governance rights), and in such event the failure of or delay by the Strata Corporation to fulfill its repair and rebuilding obligations shall not be considered a default by the Tenant of its obligations under this Lease so long as Tenant continues such diligent efforts and funding to cause Strata Corporation to timely repair and rebuild in a manner and timing consistent with this Lease for the portion of the Demised Premises not subject to [the Strata regime].
(c) If only Common Property (including Limited Common Property) is damaged or destroyed, in whole or in part, by fire or any other occurrence (the “Damaged Common Property”), then this Lease shall not be terminated and it shall nonetheless continue in full force and effect and there shall be no abatement of any item included in Rent, except to the extent that the Landlord receives insurance proceeds in respect thereof, either directly, or through amounts collected by the Strata Corporation and paid to Landlord (which payments Tenant shall have no right to receive).
(d) The Tenant shall have no responsibility to repair or rebuild any Damaged Common Property, unless the Tenant is required to do so pursuant to Strata Property Laws or the Bylaws and if so required then Section 10.2 shall apply as if the Damaged Common Property were Damaged Premises. [Again, to the extent tenant has practical control, this can’t be an “out” for Tenant.] .
(e) [Tenant cannot terminate this Lease (or have an abatement of Rent) if the Property is rebuilt, without regard to time limits or severity of destruction.]
Destruction and Damage. 11 23. CONDEMNATION........................................................ 13 24.
Destruction and Damage. Should the Leased Premises be destroyed or rendered wholly or partially unusable as the result of a fire or other accidental occurrence, and the Lessor decides not to restore the Leased Premises, the Lessor shall be entitled, without liability towards the Lessee, within ninety (90) days of such fire or other occurrence, to notify the Lessee in writing of its decision, and the term of this lease shall thereupon be deemed to have ended. If the Lessee is not then in default of performing any of its obligations under the lease or otherwise liable towards the Lessor in virtue thereof, the Lessee’s responsibility for paying the rent shall be deemed to have ceased on the day immediately following such fire or other occurrence. If, on the other hand, the Lessor decides to restore the Leased Premises or the building, as the case may be, and provided the Lessee is not liable towards the Lessor for the payment of costs, damages or rent, the Lessee’s responsibility for paying the rent shall be suspended as of the day immediately following such fire or other occurrence and shall not revive until such time as the Leased Premises are again made available for the Lessee’s occupation thereof. Subject to the foregoing, should the Leased Premises be partially damaged by a fire or other accidental occurrence that is not due to the fault or negligence of the Lessee or its employees, mandataries, visitors or other persons it has admitted into the Leased Premises, the damage thereto shall be repaired by the Lessor and, until such repairs are completed, the amount of the rent shall be adjusted pro rata to the portion of the Leased Premises still usable by the Lessee. Notwithstanding the foregoing, should damage by a fire or other accidental occurrence be caused to the Leased Premises through the fault or negligence of the Lessee or its employees, mandataries, visitors or other persons it has admitted into the Leased Premises, and without prejudice to the subrogation rights of the Lessor’s insurers, the Lessee shall be liable for payment to the Lessor of the amount of all costs and damages sustained by the Lessor. The Lessor shall have the right to repair such damage at the Lessee’s expense without any consequent reduction or adjustment of the rent, the parties agreeing that in such an event, the Lessee shall remain bound to pay all of the rent for the entire original term of the lease, notwithstanding any termination thereof by the Lessor in accordance with clause 12.1.
Destruction and Damage. If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage.
Destruction and Damage. 15.1 In the event the Building being wholly or substantially destroyed by flood or by fire, or by being wholly or partially uninhabitable by Force Majeure or any other cause then the Lessee shall not be entitled to a total or partial remission of any rental nor have any claim whatsoever upon the Lessor for any damages in consequence of deprivation of beneficial occupation;
15.2 In this eventuality the Lessee shall be obliged to notify the Lessor in writing within 3 (three) months of the date of such happening whether or not it intends to rebuild and restore the Building. Failure to elect to rebuild and restore on the part of the Lessee will entitle the Lessor to regard this Lease Agreement as cancelled and, with the exception of the costs associated with the cleaning of the Site, neither Party shall have any further obligations thereunder to the other;
15.3 In the event of the Lessee notifying the Lessor of its intention not to restore the Building, the Lessee loses their right to the Site and their Diamond Share will be redeemed and the Diamond Shareholder will be issued with 5 (five) ordinary shares in the Company .
15.4 In the event of the Lessee electing to rebuild they undertake to do so without undue delay.
15.5 Notwithstanding any deprivation use of the Site and its Buildings, the Lessee shall still be obliged to pay any amounts due by them for services rendered under the terms of this Lease Agreement.
Destruction and Damage. (a) If the Project or the Premises are damaged by fire or other perils covered by extended coverage insurance, Tenant shall give Landlord prompt notice thereof. Landlord shall provide notice of its estimated time to restore the Premises within ninety (90) days after such notice.
(i) In the event of Major Damage or Destruction that Landlord estimates will take in excess of two hundred seventy days to repair, either Landlord or Tenant may elect to terminate this Lease by written notice to the other party given within thirty (30) days after the date of Landlord’s notice of the estimated time to restore, in which case this Lease shall be deemed to have terminated as of the Casualty Discovery Date. As used herein “Major Damage or Destruction” shall mean damage or destruction of all or of any portion of the improvements constructed by Landlord on the Project, if the hard costs of restoring such portion of the improvements will exceed twenty-five percent (25%) of the hard cost of replacing all such improvements in their entirety. To the extent neither party terminates this Lease, Landlord shall commence promptly to repair and restore the Premises and prosecute the same diligently to completion, and the Lease shall remain in full force and effect.
Destruction and Damage. If anyone in Renter’s party damages the facilities, restrooms, gallery area or artwork during the rental period, Renter shall pay for all necessary repairs. This includes any damage to the audio/visual or technical equipment, when operated by anyone other than those authorized by DTS or Longhouse staff.
Destruction and Damage of the Lease shall be deleted, and a new paragraph 7.02 shall be inserted in lieu thereof to read as follows:
Destruction and Damage. (a) If the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord shall, at Landlord's option:
(1) In the event of total destruction (which shall mean destruction or damage in excess of twenty-five percent (25%) of the full insurable value thereof) of the Premises, elect either to commence promptly to repair and restore the Premises and prosecute the same diligently to completion, in which event this Lease shall remain in full force and effect; or not to repair or restore the Premises, in which event this Lease shall terminate. Landlord shall give Tenant written notice of its intention within sixty (60) days after the occurrence of such destruction. If Landlord elects not to restore the Premises, this Lease shall be deemed to have terminated as of the date of such total destruction.
(2) In the event of a partial destruction (which shall mean destruction or damage to an extent not exceeding twenty-five percent (25%) of the full insurable value thereof) of the Premises for which Landlord will receive insurance proceeds sufficient to cover the cost to repair and restore such partial destruction and, if the damage thereto is such that the Premises may be substantially repaired or restored to its condition existing immediately prior to such damage or destruction within one hundred eighty (180) days from the date of such destruction, Landlord shall commence and proceed diligently with the work of repair and restoration, in which event the Lease shall continue in full force and effect. If such repair and restoration
Destruction and Damage. 24 22. Condemnation. . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
