DESTRUCTION BY FIRE OR OTHER CAUSE. SECTION 11.1. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate written Notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 11.2 and 11.3 below, proceed with reasonable diligence, after receipt of the net proceeds of insurance, to repair or cause to be repaired such damage at its expense, to the condition immediately preceding such damage and, if the Premises, or any part thereof, shall be rendered untenantable by reason of such damage, then the Fixed Rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the date that is thirty (30) days after the date when the repair of such damage shall have been substantially completed. If Landlord or any Mortgagee shall be unable to collect the insurance proceeds applicable to such damage because of some action or inaction on the part of Tenant or Persons Within Tenant's Control, then Landlord shall have no duty to make such repairs or effect any restoration hereunder. Tenant covenants and agrees to cooperate with Landlord and any Mortgagee in their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.
SECTION 11.2. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from damage from fire or other casualty or the repair thereof unless caused by Landlord. Tenant understands that Landlord, in reliance upon Section 10.3 hereof, will not carry insurance of any kind on Tenant's Property, and that Landlord shall not be obligated to repair any damage thereto or replace the same.
(A) Notwithstanding anything to the contrary contained in Sections 11.1 and 11.2 above, in the event that:
(1) at least fifty (50%) percent of the rentable square feet of the Premises shall be damaged by a fire or other casualty so that substantial alteration or reconstruction of the Premises shall be required (whether or not the remainder of the Premises shall have been damaged by such fire or other casualty and without regard to the structura...
DESTRUCTION BY FIRE OR OTHER CAUSE. If the Premises are damaged or rendered untenantable by fire or other cause, then in any such event the Landlord may, at its option, terminate this Lease or elect to repair or rebuild the same in Landlord’s sole discretion. If the Landlord elects to terminate this Lease, then the same shall terminate ten (10) days after such notice is given and the Tenant shall immediately vacate, surrender and deliver up possession of the Premises to the Landlord, paying base Rent and all other charges hereunder up until the time of said casualty. If the Landlord does not elect to terminate this Lease, the Landlord may repair and/or rebuild the Premises as promptly as possible to the same or reasonably similar condition as existed before the date of such casualty, subject to any delay from causes beyond its reasonable control, and the Lease Term shall continue without interruption and this Lease shall remain in full force and effect, subject to abatement in the Rent. Additional Rent and other charges hereunder from the time of the damage or destruction until the Premises are repaired or restored. Notwithstanding the foregoing, (i) the Landlord’s obligation to repair and/or rebuild shall not require the Landlord to expend any monies in excess of available insurance proceeds, and (ii) Landlord shall not be required to repair and/or rebuild any improvements or alterations built by or for Tenant during the Term or to replace any of Tenant’s personal property, equipment, furniture or inventory, which repair and replacement obligation shall be the sole obligation of Tenant.
DESTRUCTION BY FIRE OR OTHER CAUSE. If the demised premises shall be partially or totally damaged or destroyed by fire, casualty or other cause as a consequence of which Sublessor shall, pursuant to the Underlying Lease, receive an abatement of rent with respect to the demised premises, there shall be a corresponding abatement of the fixed rent payable hereunder. This Sublease shall not be terminated as a consequence of any damage to, or destruction of the demised premises, unless, as a result thereof, the Underlying Lease is terminated in accordance with its terms.
DESTRUCTION BY FIRE OR OTHER CAUSE. (a) Except as otherwise provided herein, if the Premises shall be rendered untenable by fire or other casualty, Tenant shall at its sole cost and expense (except to the extent of available insurance proceeds, as provided in Section 22 below) restore them and make them tenable as soon as possible, and rent shall not be abated, in whole or in part, during the period of untenability. All such restoration shall be performed under the supervision of the Landlord by contractors approved in advance by Landlord.
(b) In case the Premises shall be so damaged by fire or other casualty that demolition is required, then Landlord may terminate this Lease by notifying the Tenant of such termination within thirty (30) days after the date of such damage. In the event of such a termination, Landlord shall be entitled to all insurance proceeds with respect to the Premises.
(c) Tenant shall immediately notify Landlord of the occurrence of a fine or other casualty at the Premises.
DESTRUCTION BY FIRE OR OTHER CAUSE. (a) If the Demised Premises shall be partially damaged by fire or other cause insurable as a standard risk the damages shall be diligently repaired by and at the expense of Lessor within six (6) months after such damage and the Rent until such repairs shall be made shall be apportioned according to the part of the Demised Premises which is usable by Lessee; provided, however, that if the Demised Premised shall be damaged during the last year of the Term and Lessor reasonably estimates that the cost of repairing such damage to the Demised Premises would exceed 30% of the total Base Rent scheduled to be paid for the balance of the Term, Lessor shall not be required to repair any such damage and Lessor shall have the right to terminate this Lease by giving notice thereof to Lessee within sixty (60) days after the date of the casualty. No penalty shall accrue for reasonable delay which may arise by reason of adjustment of fire insurance on the part of Lessor and/or Lessee, and for reasonable delay on account of "labor troubles", or any other cause beyond Lessor's reasonable control. In addition to the right granted to Lessor hereinabove to terminate this Lease, if (i) the Demised Premises are totally damaged or are rendered totally untenantable for Lessee's continued use, or
DESTRUCTION BY FIRE OR OTHER CAUSE. 8.1.1 If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. If the Premises or any part thereof shall be rendered untenantable (including lack of reasonable means of access thereto) by reason of such damage, then the Fixed Minimum Rent, parking charges and other additional rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than a material portion of the Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the date when the repair of such damage shall have been substantially completed.
DESTRUCTION BY FIRE OR OTHER CAUSE. If the Premises is substantially damaged by fire or other casualty, Licensor shall have no obligation to repair any damage to, or to replace any Alterations (including the Initial Alterations), any equipment (including the Initial Equipment) or any of Licensee's personal property; and Licensor, at its option, shall have the right to terminate this Agreement and the Management Agreement, in which event, the Parties shall have no further obligation under this Agreement or the Management Agreement.
DESTRUCTION BY FIRE OR OTHER CAUSE. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable diligence within 120 days of the casualty to repair or cause to be repaired such damage at its expense; and, if the Premises, or any part thereof, shall be rendered untenantable by reason of such damage and such damage shall not be due to the fault of Tenant or Persons Within Tenant's Control, then the Fixed Rent and the Escalation Rent hereunder, or an amount thereof apportioned on a pro rata basis according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the date when the repair of such damage shall have been substantially completed. Tenant covenants and agrees to cooperate with Landlord and any Lessor or any Mortgagee in their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.
DESTRUCTION BY FIRE OR OTHER CAUSE. If the Sublease Premises shall be partially or totally damage or destroyed by fire, casualty or other causes, Novartis shall have the right to terminate this Sublease, in its sole discretion in accordance with Section 18.2 of the Xxxxxxxxx. If Novartis does not terminate this Sublease and otherwise receives an abatement of rent with respect to the Sublease Premises under the Xxxxxxxxx for such damage or destruction, there shall be a proportional abatement of Fixed Rent payable hereunder by Subtenant to Novartis for the period from the date of such damage or destruction to the date that the damage shall be repaired or restored.
DESTRUCTION BY FIRE OR OTHER CAUSE. If the demised premises shall be partially or totally damaged or destroyed by fire, casualty or other cause as a consequence of which Sublandlord shall, pursuant to Article 8 of the Underlying Lease, receive an abatement of rent with respect to the demised premises, there shall be a corresponding abatement of the rent payable hereunder. If the demised premises shall be partially or totally damaged or destroyed by fire, casualty or other cause as a consequence of which the Underlying Lease is terminated, either by Underlying Landlord or Sublandlord, then this Sublease shall automatically terminate as of the date the Underlying Lease is terminated. If the demised premises shall be partially or totally damaged or destroyed by fire, casualty or other cause as a consequence of which Sublandlord may terminate the Underlying Lease, then Subtenant may, at Subtenant’s election, terminate this Sublease within five (5) business days after the occurrence of a Triggering Event (as defined in the Underlying Lease).
