Destruction, Fire and Other Casualty. If the demised premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate notice thereof to Owner and this lease shall continue in full force and effect except as hereinafter set forth.
Destruction, Fire and Other Casualty. (1) If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate notice thereof to Owner and this Lease shall continue in full force and effect except as hereinafter set forth.
(2) If the Premises are partially damaged or rendered partially unusable by fire or other casualty, the damages to the Building, other than Tenant’s Alterations, shall be repaired by and at the expense of Owner and the Rent, until such repair shall be substantially completed, shall be apportioned from the day following the casualty according to the part of the Premises which is usable.
(3) If the Premises are totally damaged or rendered wholly unusable by fire or other casualty, then the Rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the Building, other than Tenant’s Alterations, shall have been repaired and restored by Owner, subject to Owner’s right to elect not to restore the same as hereinafter provided in subsection 9 A(4) below.
(4) If the Premises are rendered wholly unusable, or (whether or not the Premises are damaged in whole or in part) if the Building shall be so damaged that Owner shall decide to demolish it or to rebuild it, then, in any of such events, Owner may elect to terminate this Lease by notice to Tenant given within ninety (90) days after such fire or casualty specifying the date for the expiration of this Lease, which date shall not be more than sixty (60) days after the giving of such notice. Upon the date specified in such notice, the Term shall expire as fully and completely as if such date were the Fixed Expiration Date, and Tenant shall forthwith quit, surrender and vacate the Premises without prejudice, subject, however, to Owner’s rights and remedies against Tenant under this Lease and its provisions in effect prior to such termination, and any Rent owing shall be paid up to such date and any payments of Rent made by Tenant which were on account of any period subsequent to such date shall be returned to Tenant.
B. Unless Owner shall serve a termination notice as provided for in Section 10 A above, Owner shall make the repairs and restorations under the conditions as provided in Section 9 A hereof, with all reasonable expedition subject to delays resulting from or caused by (1) Force Majeure circumstances, (2) adjustment of insurance claims, (3) labor troubles, and (4) causes beyond Owner’s reasonable control.
C. After the occurrence of any ...
Destruction, Fire and Other Casualty. If the whole or any part of the Premises or the Building shall be damaged by fire or other casualty and the Prime Lease is not terminated on account thereof by either Landlord or Prime Landlord in accordance with the terms thereof, this Sublease shall remain in full force and effect and Base Rent and Additional Rent shall not xxxxx except to the extent Base Rent and Additional Rent for the Premises shall xxxxx under the terms of the Prime Lease. Notwithstanding the foregoing, if and only to the extent Prime Landlord provides Landlord an opportunity under Section 16 of the Prime Lease to terminate the Prime Lease with respect to the Premises ("Casualty Termination Option"), Landlord shall within ten (10) business days of receipt from Prime Landlord of such Casualty Termination Option notify Tenant whether Landlord has elected to terminate or not terminate the Prime Lease. If Landlord has decided not to terminate the Prime Lease under Section 16 of the Prime Lease with respect to the Premises, Tenant may decide, notwithstanding such decision, that it elects to terminate the Sublease provided (i) there is no default hereunder, and (ii) Tenant informs Landlord within ten (10) business days of receipt of such Casualty Termination Option from Landlord that it elects to terminate the Sublease in which event the Sublease shall terminate on the date set forth in Section 16 of the Prime Lease. If Tenant fails to satisfy all of the foregoing conditions, Tenant shall be deemed to have waived any rights set forth herein. All times set forth herein are of the essence.
Destruction, Fire and Other Casualty. Supplementing the provisions of Article 9 of this lease:
(a) As soon as reasonably practicable, but in any event no later than sixty (60) days following the date of any fire or other casualty rendering any portion of the Demised Premises untenantable Owner shall notify Tenant of Owner's good faith best estimate of the date (the "Estimated Date") by which the repair and restoration necessary to render the Demised Premises no longer untenantable can be completed ("Owner's Repair Notice"). Notwithstanding anything herein to the contrary, if, by reason of a fire or other casualty, (1) more than fifty (50%) percent of the rentable square footage of the Demised Premises shall be damaged or destroyed and rendered untenantable (or, in the case of damage or destruction to the public portions of the Building necessary for access to the Demised Premises, more than fifty (50%) percent of the rentable square footage of the Demised Premises shall be rendered untenantable) and (2) the Estimated Date set forth in Owner's Repair Notice with respect to such fire or other casualty is after the date (the "Outside Repair Date") which is the twelve (12) month anniversary of the date of such fire or other casualty (a fire or other casualty meeting the requirements of the preceding subclauses (1) and (2) being a "Substantial Casualty"), then Tenant shall have a one time only right (except as set forth in Section 55(b) below) to terminate this lease by notice (the "Damage Termination Notice") given to Owner within thirty (30) days following Owner's giving of Owner's Repair Notice. Such termination shall be effective as of the date which is thirty (30) days after the Damage Termination Notice, and, upon delivery of such notice and the expiration of such 30-day period, this lease and the term hereof shall expire as fully and completely as if such date were the date originally set forth for the termination of this lease. Tenant's failure to deliver the Damage Termination Notice in the time and manner required by this Section 55(a) shall be deemed an irrevocable waiver of Tenant's right to terminate this lease pursuant to this Section 55(a).
(b) In addition, in the event of any Substantial Casualty, if the repair or restoration necessary to render the Demised Premises no longer untenantable is not substantially completed by the Outside Repair Date, as such Outside Repair Date shall be extended due to delays caused or occasioned by Force Majeure or by Tenant, its agents, employees, con...
Destruction, Fire and Other Casualty. If the whole or any part of the ------------------------------------ Subpremises or the Building shall be damaged by fire or other casualty and the Lease is not terminated on account thereof by either Sublandlord or Landlord in accordance with the terms thereof, this Sublease shall remain in full force and effect and Base Rent and Additional Rent shall not xxxxx except to the extent Base Rent and Additional Rent for the Subpremises shall xxxxx under the terms of the Lease.
Destruction, Fire and Other Casualty of the Lease is amended as follows:
(a) in the seventh (7th) line therein, preceding the word “repaired,” by the inclusion of “promptly”;
(b) in the tenth (10th) line therein, by the deletion of “following” and the substitution of the word “of in place thereof;
(c) in the eleventh (11th) line therein, at the end of subsection (b), by the addition of the following: “provided that if the undamaged portion of the demised premises is inadequate for the conduct of Tenant’s business activities, as reasonably determined by Tenant, then rent shall xxxxx fully until the demised premises are fully restored by Landlord”;
(d) in the twenty-seventh (27th) line therein, following the word “date,” by the inclusion of “of casualty”;
(e) in the forty-second (42nd) line therein, by the deletion of “five (5)” and the insertion of “twenty (20) in place thereof;
(f) by the deletion of the first sentence in subsection (e) thereof; and
(g) by the addition of the following language at the end thereof: “Notwithstanding anything to the contrary set forth in this Paragraph 9, in the event (i) the demised premises are not repaired to Tenant’s reasonable satisfaction within three hundred sixty five (365) days from the date of such casualty or damage, or (ii) any material portion of the demised premises, or Tenant’s access thereto, is damaged or interfered with within the final twenty four (24) months of the term of this Lease, then, in either such event, the Tenant may elect to terminate this Lease effective upon delivery of written notice of such election to Landlord, in which event Landlord shall promptly return the Tenant’s Security Deposit, together with all interest earned thereon, and the parties hereto shall thereafter have no further obligation to one another by reason of this Lease, except with respect to such matters and indemnities as are expressly provided to survive the termination or expiration of the term of this Lease.”
Destruction, Fire and Other Casualty. If the whole or any part of the Premises or the Building shall be damaged by fire or other casualty and the Prime Lease is not terminated on account thereof by either Sublandlord or Prime Landlord in accordance with the terms thereof, this Sublease shall remain in full force and effect and Base Rent and Additional Rent shall not axxxx except to the extent Base Rent and Additional Rent for the Premises shall axxxx under the terms of the Prime Lease, and except that Subtenant shall have the same rights as to Sublandlord as Sublandlord has to the Prime Landlord pursuant to Section 9 of the Prime Lease as to damage to the Premises, and pursuant to Section 17 of the Prime Lease as to condemnation; provided, however, that Subtenant shall give any notice required pursuant to such Sections at least fifteen (15) days prior to the latest date that Sublandlord must give notice to Prime Landlord.
Destruction, Fire and Other Casualty. If the Building or the Premises shall be partially or totally damaged or destroyed by fire or other cause, then, whether or not the damage or destruction shall have resulted from the fault or neglect of Tenant, or its employees, agents or visitors (and if this Lease shall not have been terminated as in this Article hereinafter provided), Landlord shall repair the damage and restore and rebuild the Building and/or the Premises, at its expense, with reasonable dispatch after notice to it of the damage or destruction; provided, however, that Landlord shall not be required (i) to repair or replace any of Tenant’s property, or (ii) to restore any Alterations (including, but not limited to, any Specialty Alterations) installed by or on behalf of Tenant.
Destruction, Fire and Other Casualty. If the whole or any part of the Subleased Premises shall be damaged by fire or other casualty and the Xxxxxxxxx is not terminated on account thereof by Overlandlord then this Sublease shall remain in full force and effect and Subtenant’s obligation to pay Rent hereunder shall xxxxx only proportionate to the extent that the Rent for the Subleased Premises shall xxxxx under the terms of the Xxxxxxxxx.
Destruction, Fire and Other Casualty. 11 11 Insurance .................................................. 11 12 Condemnation ............................................... 12 13 Repairs .................................................... 13 14 Services ................................................... 14 15 Alterations ................................................ 15 16 Escalations - Taxes, Operating Expenses .................... 16 17
