Destruction by Fire or Other Casualty. If the Facility or any Improvements erected on the Project Site shall be destroyed or so damaged by fire or any other casualty whatsoever, not due to the willful misconduct of the Tenant, where repair or restoration cannot be reasonably accomplished within three hundred and sixty (360) days of the date of such fire or casualty, the Tenant, by written notice to the Landlord, from an authorized representative of the Tenant, may, at its election, decide not to restore nor reconstruct the Facility or the Improvements. In the event that the Tenant so decides not to restore or reconstruct the Facility or the Improvements, the Tenant shall notify the Landlord thereof in writing and shall proceed with due diligence to demolish and remove any ruins or rubble remaining on the Project Site at the Tenant’s sole cost and expense.
Destruction by Fire or Other Casualty. A. If the leased premises should be totally destroyed by fire or such other casualty, or should be so damaged that rebuilding or repairs cannot reasonably be completed within sixty (60) days from the date of the notice by LESSEE to LESSOR of the happening of the damage, then this Lease shall, at the sole option of LESSEE, terminate.
B. If the leased premises should be damaged by fire or such other casualty, but not to such an extent that rebuilding or repairs cannot reasonably be completed within one hundred eighty (180) days from the date of the notice by LESSEE to LESSOR of the happening of the damage, or if LESSEE has not exercised its option to terminate pursuant to Section B of this Article, then, provided that the casualty has occurred either prior to the final twelve (12) months of the initial term of this Lease, or any renewal option term, or during such final twelve (12) months and LESSOR has not exercised its option to terminate this Lease as set forth in this Section, then this Lease shall remain in full effect and LESSOR shall at its sole cost, proceed at once to rebuild or repair the leased premises to substantially the condition in which they existed prior to such damage. If the casualty occurs during the final twelve (12) months of the initial term of this Lease, or any renewal option term, LESSOR shall have the right, at its option, to terminate this Lease by sending notice of termination to LESSEE within ten (10) days from the date of the notice by LESSEE to LESSOR of the happening of the damage, upon which notice this Lease shall terminate.
C. If the leased premises are to be rebuilt or repaired and are untenantable in whole or in part following such damage, the rent during the period in which the leased premises are untenantable shall be equitably adjusted proportionated to tenantability, in the reasonable objective determination of LESSEE and LESSOR.
D. Wherever in this Article the phrase "this Lease shall terminate" is used, it shall mean this Lease shall terminate and rent and all charges payable as additional rent shall xxxxx for the unexpired portion of this Lease, effective as of the dates the notice by LESSEE to LESSOR of the happening of the damage (except that LESSEE shall pay rent and additional rent for any portion of the leased premises used by it prior to the time same is surrendered to LESSOR) and LESSEE shall as soon as reasonably possible surrender to LESSOR the leased premises and LESSOR may re-enter and take possession ...
Destruction by Fire or Other Casualty. (a) Total destruction, rent abatement, and restoration. If Xxxxxx's office space is totally damaged by fire or other casualty so that it cannot reasonably be used by Xxxxxx and if this lease is not terminated as provided in subparagraph (d) below, there shall be a total abatement of Xxxxxx's rent and Lessee's obligation to pay office building operating expenses until Xxxxxx's office space is restored by Lessor and Lessee.
(b) Partial destruction, rent abatement, and restoration. If Xxxxxx's office space is partially destroyed or damaged by fire or other hazard so that it can be only partially used by Lessee for the purposes allowed in this lease and if this lease is not terminated as provided in subparagraph (d) below, there shall be a partial abatement of Lessee's rent and Xxxxxx's obligation to pay office building operating expenses which fairly and reasonably corresponds to the time and extent to which Xxxxxx's office space cannot reasonably be used by Lessee.
Destruction by Fire or Other Casualty. If a party wall is damaged or destroyed by fire or other casualty, any Owner who has use to the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or will acts or omissions.
Destruction by Fire or Other Casualty. If Improvements erected on the Project Site shall be destroyed or so damaged by fire or any other casualty whatsoever, not due to the willful misconduct of the Tenant, where repair or restoration cannot be reasonably accomplished within one hundred and twenty (120) days of the date of such fire or casualty, the Tenant, by written notice to the District accompanied by a certified copy of a resolution of the Board of Directors of the Tenant to such effect, may, at its election, decide not to restore nor reconstruct the Improvements and may cancel this Ground Lease. In the event that the Tenant so decides not to restore or reconstruct the Improvements and cancel this Ground Lease, the Tenant shall notify the District thereof in writing and shall proceed with due diligence to demolish and remove any ruins or rubble remaining on the Project Site at the Tenant’s sole cost and expense, so as to return the Project Site as nearly as reasonably practicable to the condition thereof at the date of the Ground Lease. Any such cancellation of this Ground Lease shall be effective as of the date the Tenant completes such demolition and removal work, and all unaccrued liability of the Tenant hereunder shall thereupon terminate.
Destruction by Fire or Other Casualty. In the event that the ------------------------------------- improvements to be constructed on the Property by Lessee shall be totally destroyed by fire or other casualty, Lessee shall not be required to rebuild. Instead, Lessee may elect, within ninety (90) days after the date of loss to terminate this Agreement. If the improvements constructed upon the Property by Lessee are only partially destroyed, Lessee shall promptly reconstruct the improvements to its condition immediately prior to the fire or other casualty. In the event of a complete loss and termination of this Agreement, the rent shall cease to be payable as of the date of loss. In the event of a partial loss, the rent shall be reduced the same percentage as the percentage of the building which is unusable.
Destruction by Fire or Other Casualty. (a) Total destruction, rent abatement, and restoration. If Lessee's office space is totally damaged by fire or other casualty so that it cannot reasonably be used by Lessee and if this lease is not terminated as provided in subparagraph (d) below, there shall be a total abatement of Lessee's rent and Lessee's obligation to pay office building operating expenses until Lessee's office space is restored by Lessor and Lessee.
Destruction by Fire or Other Casualty. If the Premises shall be damaged by fire, unavoidable accident, or other casualty covered by fire and extended coverage insurance and such damage is not caused by the act, or failure to act, of Tenant, its employees, agents, licensees, permittees, or invitees, Landlord shall cause such damage to be repaired. If the Premises shall be rendered wholly untenantable by reason of such occurrence, Landlord shall cause such damage to be repaired; provided, however, in the event the Premises cannot be repaired within one hundred twenty (120) days, Landlord may, at its election, made within thirty (30) days following the occurrence of such damage or destruction, elect to terminate this Lease. In the event of such termination, rent shall be abated from and after such date of the damage or destruction. In the event Landlord does not terminate this Lease following damage or destruction of the Premises, Landlord shall commence and complete a restoration of the Premises within a reasonable time after such damage or destruction. Tenant agrees to give Landlord immediate notice of any damage to the Premises by fire, the elements, or any other casualty.
Destruction by Fire or Other Casualty. (a) Total destruction, rent abatement, and restoration. If the Leased Premises is totally destroyed by fire or other casualty so that it cannot reasonably be used by Lessee and if this Lease is not terminated as provided in subparagraph (d) below, there will be a total abatement of Lessee's rent until the Leased Premises is restored by Lessor and Lessee.
(b) Partial destruction, rent abatement, and restoration. If the Leased Premises is partially destroyed or damaged by fire or other hazard so that it can be only partially used by Lessee for the purposes allowed in this Lease and if this Lease is not terminated as provided in subparagraph (d) below, there will be a partial abatement of Lessee's rent and Lessee's obligation to pay operating expenses which fairly and reasonably corresponds to the time and extent to which the Leased Premises cannot reasonably be used by Lessee.
Destruction by Fire or Other Casualty. If the Facilities or any Improvements erected on the Site shall be destroyed or so damaged by fire or any other casualty whatsoever, not due to the willful misconduct of the Tenant, where repair or restoration cannot be reasonably accomplished within three hundred and sixty (360) days of the date of such fire or casualty, the Tenant, by written notice to the Landlord, from an authorized representative of the Tenant, may, at its election, decide not to restore nor reconstruct the Facilities or the Improvements. Without limiting Section 23.7, in the event that the Tenant so decides not to restore or reconstruct the Facilities or the Improvements, the Tenant shall notify the Landlord thereof in writing and shall proceed with due diligence to demolish and remove all ruins and rubble remaining on the Site at the Tenant’s sole cost and expense.
