DESTRUCTION BY CASUALTY. In the event of damage to the Premises by fire or casualty, the Landlord, at its option (a) may repair such damage within a reasonable time after written notice of such damage from the Tenant, or (b) may terminate this Lease by written notice to the Tenant. If the Premises or any part of it is damaged by fire or casualty to such extent that the enjoyment of the Premises is substantially impaired, each such impairment to be agreed by both parties in writing, the Tenant may immediately vacate the Premises and notify the Agent/Landlord in writing within 14 days after such vacation of the intention of the Tenant to terminate this Lease, in which case this Lease shall terminate as of the date of vacation. If however, the damage to the Premises by fire or casualty is caused by the act or omission of the Tenant, or the agents, servants, employees, visitors or licensees of the Tenant, the Tenant shall have no right to terminate this Lease, and the Tenant shall be liable for the rent during the unexpired term of this Lease, without abatement, unless the Landlord elects to terminate this Lease and relieve Tenant from further liability.
DESTRUCTION BY CASUALTY. In the event that the demised premises may be rendered untenable by reason of fire, explosion or any other casualty, Landlord, at his option, may either repair the said premises to make the same tenantable within ninety (90) days thereafter, or may, at his option terminate this lease. In either event that the demised premises are untenable, Tenant's rent for that period of time shall be abated or apportioned.
DESTRUCTION BY CASUALTY. In the event of destruction of damage or destruction to the Premises by fire or other cause, or a substantial destruction to the Common Areas serving the Premises, Landlord shall have the option to repair or restore the same, as the case may be, at Landlord’s expense, or to terminate this Lease, returning unearned rental monies to Tenant thereupon, Landlord to notify Tenant of the option selected by Landlord within thirty (30) days after such event; provided, however, that in the event Landlord exercises such option to repair or restore the Premises, the same shall be done within a period of one hundred eighty (180) days from the date of such damage or destruction. Landlord shall not be responsible in the event of delays in said repairing or restoring if the same is due to causes beyond Landlord’s control. Notwithstanding the foregoing, Tenant shall have the right to terminate this Lease upon written notice to Landlord in the event the repairs or restoration are not Substantially Completed within a period of one hundred eighty (180) days from the date of the damage or destruction. If Landlord exercises the option to repair or restore the Premises and/or Common Areas, the Premises and/or Common Areas, as the case may be, shall be in character and appearance, equal to the Premises or Common Areas damaged or destroyed and shall be constructed in a manner substantially in accordance with the specifications referred to above, subject to zoning ordinances and regulations. It is further agreed that in the event of such damage or destruction, and the exercise of Landlord’s option to repair the same, that this Lease shall continue in full force and effect, but if such damage or destruction shall be of such extent that Tenant cannot conduct business on the Premises, then the rent and other payments, if any, which Tenant is obligated to make hereunder, shall xxxxx until the Premises have been fully and completely restored by Landlord and possession thereof delivered to Tenant. Any rent paid in advance shall be proportionately rebated. If Tenant can continue to conduct business in the Premises but is deprived of the use of a part or parts thereof or of the Common Areas by reason of such damage or destruction, then the rent and other payments, if any, which Tenant is obligated to make hereunder, shall equitably xxxxx in proportion to the rental value of the space which Tenant is unable to use, until the Premises or Common Areas, as the case may be, shall have fully and...
DESTRUCTION BY CASUALTY. In the event of damage to the Premises by fire, enemy action, or other casualty, Landlord shall repair the same with reasonable dispatch after written notice of such damage by Tenant. If the Premises or any part of it is damaged by fire, enemy action, or other casualty to such extent that the enjoyment of the premises is substantially impaired, Tenant may immediately vacate the Premises and notify Landlord in writing within fourteen (14) days after such vacation of the intention of Tenant to terminate this Lease, in which case this Lease shall terminate as of the day of vacation. If, however, the damage to the Premises by fire or otherwise was caused by the deliberate or negligent act of Tenant, or the agents, servants, employees, visitors, or licensees of Tenant, no option to terminate by Tenant shall exist and Tenant shall be liable for the rent during the unexpired term of this Lease, without abatement, unless Landlord elects to terminate this Lease, a right which Landlord hereby reserves in such contingency.
DESTRUCTION BY CASUALTY. In the event of damage by fire, enemy action or other casualty to the Premises, the Landlord, at its option (i) may repair such damage within a reasonable time after written notice of such damage from the Tenant, or
DESTRUCTION BY CASUALTY. (a) If any act or occurrence of any kind or nature, ordinary or extraordinary, foreseen or unforeseen (including any casualty for which insurance was not obtained or obtainable), shall result in damage to or loss or destruction of the Facility, to such an extent that it may not be continued to be used for the purpose for which it was intended without significant capital repairs and improvements, then Owner shall have the right to elect not to incur the necessary obligations for such necessary capital repairs and improvements and, as a result, terminate this Agreement, in which case neither party hereto shall have any further rights, duties, liabilities or obligations hereunder. Notwithstanding the foregoing, if Owner commences or otherwise undertakes to commence the necessary construction and repairs to enable the Facility to again be used for the purpose for which it was intended following any such damage to or loss or destruction of the Facility within one (1) year following the act or occurrence which gave rise to such damage and destruction, then Owner shall not be entitled to terminate this Agreement and the Term of this Agreement shall be extended by an amount of time equal to the passage of time between the act or occurrence which gave rise to such damage or destruction of the Facility and the date on which the Facility is fully, completely and finally restored and repaired to the extent necessary to enable it to be used for the purpose for which it was originally intended.
(b) Notwithstanding anything to the contrary contained in this Agreement, if any act or occurrence of any kind or nature, ordinary or extraordinary, foreseen or unforeseen, shall result in damage to or loss or destruction of the Facility to such an extent that it may not be used for its intended purpose for any period of time in excess of thirty (30) calendar days during any Season (such an act or occurrence being herein called a "Material Casualty") and if, as a result of such Material Casualty:
(i) Pavilion cannot reasonably cause the number of T & P Events held, conducted or presented at the Facility during any two consecutive Seasons to equal or exceed sixty (60), then the number of T & P Events held, conducted or presented at the Facility during such two consecutive Seasons shall be deemed for all purposes of this Agreement to be sixty (60);
(ii) Pavilion cannot reasonably cause the aggregate amount of Pavilion Generated Receipts received during any Season to equal or exceed...
DESTRUCTION BY CASUALTY. If the Licensed Premises are damaged by fire or other casualty, and such damage renders the Licensed Premises substantially untenantable in whole or in part, then:
(i) a fair and just part of the Fees shall xxxxx until the damage is repaired to the extent necessary to render the Licensed Premises suitable for the conduct of Epyx's business; and (ii) ADL or Epyx may elect to terminate this Agreement upon thirty (30) days' prior written notice to the other, provided that Epyx may not terminate this Agreement under this Section if ADL has notified Epyx of its intention to repair or restore the Licensed Premises in which event ADL shall have thirty (30) days measured from the date of notice to Epyx to commence repair or restoration to render the Licensed Premises tenantable. In the event of any such untenantability, ADL shall have no obligation or legal liability for its failure to provide alternate space, facilities or services to Epyx.
DESTRUCTION BY CASUALTY. If the Premises are damaged or destroyed by storm, fire, lightning, earthquake or other casualty, to such an extent that the Premises are not usable by Lessee for the conduct of its business in substantially the same manner as it was conducted immediately prior to such damage or destruction, either Lessor or Lessee may terminate this Lease immediately. Lessee hereby irrevocably transfers, sets over and assigns to Lessor all Lessee's rights in and to the insurance proceeds payable on account of damage or destruction to the Premises.
DESTRUCTION BY CASUALTY. If the Premises shall be substantially damaged by fire or other casualty so as to be untenantable, the Landlord may either (a) cancel this Lease and rent shall thereupon cease as of the date of fire or such casualty; or (b) the Landlord may notify the Tenant in writing no later than thirty (30) days after the fire or casualty that it intends to restore the Premises and in the event the Landlord completes such restoration within six (6) months from the date of fire or casualty, this Agreement shall remain in full force and effect except that rental shall xxxxx from the date of such fire or casualty until the date when the Premises are ready for occupancy. If the Premises are partially damaged by fire or other casualty to the extent that there is a substantial and material interference with the use of the Premises by the Tenant, rent shall be abated proportionately, and in the event that the Landlord does not in its discretion complete the restoration of the Premises within a reasonable time after the fire or other casualty, the Tenant shall have the right to serve notice of cancellation of this Agreement effective thirty (30) days thereafter, during which thirty (30) day period the Landlord may effect such restoration; provided that if any such fire or other casualty occurs after the commencement of the last three (3) months of the term herein demised, this Lease shall cease and terminate on the date of such fire or other casualty. Any rights of the Tenant pursuant to the provisions of this paragraph shall be conditioned upon the fire or other casualty not having been caused by willful negligence of the Tenant, its servants, agents or employees.
DESTRUCTION BY CASUALTY. If the Property is damaged or destroyed in whole or part by storm, fire, lightning, earthquake or other casualty, the Lessor shall promptly commence restoration of the Property, provided that Lessor’s insurance coverage covers said damage, to substantially its condition immediately prior to such destruction and shall continue such restoration with all due diligence and dispatch. The Lessor will commence restoration within sixty (60) days of insurance approval and complete them in a timely manner. If access to the Property is substantially denied to Lessee, or twenty-five percent (25%) or more of the usable area of the Property is rendered unusable by Xxxxxx, in Xxxxxx’s good faith judgment, as a result of such casualty, then Lessee may cancel this Lease by written notice to the Lessor and this Lease shall terminate thirty (30) days after the date of such notice. In the event Lessee may occupy only a portion of the property upon a casualty, rent, if any, shall be abated proportionally based on the square footage actually occupied by Xxxxxx.
