Common use of Destruction and Damage Clause in Contracts

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.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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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 Designated 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 Designated Site and their Diamond Platinum Share will be redeemed and the Diamond Platinum Shareholder will be issued with 5 3 (fivethree) ordinary shares in the Company which are not clustered as a Platinum Share. 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 Designated 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.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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