DESTRUCTION BY CASUALTY. In the event of damage to the Premises by fire or casualty, the Landlord, at its option (I) may repair such damage within a reasonable time after written notice of such damage from the Tenant, or (ii) 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, the Tenant may immediately vacate the Premises and notify the Landlord in writing within 3 days after such vacation of the intention of the Tenant to terminate this Lease, in which case the 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.
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. (a) If the Premises are partially damaged or destroyed by storm, fire, lightening, earthquake or other casualty, but are still usable by Tenant for the conduct of its business in substantially the same manner as it was conducted immediately prior to such damage or destruction, the basic rental hereunder shall be adjusted to take into account the value of any leased space lost as a result of the damage or destruction. Said rental adjustment shall apply until the damage is repaired or the destroyed areas are restored by Landlord (if Landlord opts to effect such repairs or restoration). If the damage or destruction is so extensive as to render the Premises not suitable for the said conduct of Tenant's business, this Lease shall terminate thirty (30) days after the date of such damage or destruction, unless within said thirty (30) days Landlord by notice either delivered to Tenant or mailed to Tenant by certified mail, return receipt requested (and postmarked within the aforesaid thirty- day period) informs Tenant of its intention to repair or restore the Premises, in which event Landlord shall have sixty (60) days measured from the date of the damage or destruction to commence repair or restoration to render the Premises tenantable. During the period of such repairs or restoration the rent hereunder shall be abated in its entirety, except to the extent Tenant is able to use the Premises, in which event the rent shall be adjusted to reflect such use. If the Landlord shall not commence repair or restoration with said sixty (60) days or shall not thereafter diligently pursue such repair or restoration to completion, Tenant shall have the right to terminate this Lease by written notice delivered to Landlord or mailed to Landlord by certified mail, return receipt requested, within fifteen (15) days after the expiration of said sixty (60) day period or of the failure (which shall then be continuing) by the Landlord to diligently pursue such repair or restoration, as the case may be. Tenant hereby irrevocably transfers, sets over and assigns to Landlord all Tenant rights in and to the insurance proceeds payable on account of damage or destruction to the Premises. If Landlord shall so elect to repair or restore, Tenant shall immediately pay over to Landlord any such proceeds which may be paid to it directly or to it and Landlord jointly.
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. 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. The Landlord shall maintain hazard insurance with respect to the Leased Premises. In the event of damage to the Leased Premises by fire or other casualty, but the Leased Premises remains tenantable, the Landlord shall promptly repair the same. If the Leased Premises, or any part thereof, is damaged by fire or other casualty to such an extent as to be rendered untenantable, this Lease shall terminate as of the date of such damage at the option of either the Landlord or the Tenant.
DESTRUCTION BY CASUALTY. If property shall be partially damaged by fire, severe weather conditions or other cause without the fault and neglect of Tenant, the damage shall be repaired within a reasonable time by and at the expense of Landlord and the rent, according to the extent that the property is rendered uninhabitable as determined by Landlord, shall be adjusted or suspended until such repairs are completed. If the property is damaged by fire or other cause to such extent that Landlord shall decide not to restore the property to the former condition or Landlord shall decide to demolish the structures of the property, then and in either of such events, Landlord shall have the option to terminate this Lease by written notice to Tenant, and the terms of this Lease will end on the day such notice is given with the remaining rent proportionately adjusted to the effective date of termination.
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 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.
