Destruction -- Fire or Other Casualty. 9.1 If the Premises or the Building shall be damaged by fire or other casualty; (i) except as otherwise provided in subsection (ii) hereof, the damage shall be repaired by and at the expense of Landlord and until such repairs shall be made the Basic Rent and Additional Rent shall be equitably abated according to the part of the Premises which is usable by Tenant. Landlord agrees, at its expense, to repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to a delay caused by strike, lockout, act of God, inability to obtain labor or materials, governmental restrictions, enemy actions, civil commotion, fire, unawardable casualty or any other cause similar or dissimilar beyond the reasonable control of either Landlord or Tenant or due to the passing of time while waiting for an adjustment of insurance proceeds (hereinafter referred to as an "Excusable Delay"); (ii) If the Premises are totally damaged or are rendered wholly untenantable by fire or other casualty, or if Landlord's architect certifies that it cannot be repaired within ninety (90) days of the casualty or if Landlord shall decide not to restore or repair the same, or shall decide to demolish the Building, or not to rebuild the Building or the Premises, then Landlord shall, within ninety (90) days after such fire or other casualty, give Tenant a notice of such decision, and thereupon the Term shall expire ten (10) days after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord; (iii) If Landlord fails to complete the repair and restoration of the Premises within one hundred twenty (120) days from the date of the casualty (subject to Excusable Delays) then Tenant shall have the right to cancel and terminate this Lease upon the delivery of a notice to Landlord delivered within fifteen (15) days after the expiration of the aforesaid one hundred twenty (120) days period; (iv) Landlord agrees that it shall diligently pursue all repair and restoration work required on its part to be completed hereunder.
Destruction -- Fire or Other Casualty. Tenant shall promptly notify Owner or the Building Manager of any fire or other casualty to the Premises or to the extent it knows of damage, to the Building. In the event the Premises or any substantial part of the Builing is wholly or partially damaged or destroyed by fire or other casualty which is covered by Owner's insurance, the Owner may proceed to restore the same to substantially the same condition existing immediatly prior to such damage or
Destruction -- Fire or Other Casualty. Tenant shall promptly notify Owner or the Building Manager of any fire or other casualty to the Premises or to the extent it knows of damage, to the Building. In the event the Premises or any substantial part of the Building is wholly or partially damaged or destroyed by fire or other casualty which is covered by Owner's insurance, the Owner may proceed to restore the same to substantially the same condition existing immediately prior to such damage or destruction. If Owner elects not to restore the Premises or Building, Owner shall have the right to terminate this Lease and all unaccrued obligations of the parties hereto by sending a notice of such termination to Tenant. To the extent after fire or other casualty that Tenant shall be deprived of the use and occupancy of the Premises or any portion thereof as a result of any such damage, destruction or the repair thereof, providing Tenant did not cause the fire or other casualty, Tenant shall be relieved of the same ratable portion of the Fixed Annual Rent hereunder as the amount of damaged or useless space in the Premises bears to the rentable square footage of the Premises until such time as the Premises may be
Destruction -- Fire or Other Casualty. 15.1 If the Building, the Premises or any improvement therein, excepting all items which Tenant is obligated to insure pursuant to Section 10.1, now or hereafter erected in or upon the Building shall be damaged or destroyed, by fire, storm, earthquake or other casualty, then, Tenant shall give prompt notice thereof to Landlord and Landlord shall, at Landlord's cost and expense, proceed with reasonable diligence to conduct any necessary demolition and to repair and restore the Building, the Premises or the Base Landlord Work subject to the provisions of Section 15.2
15.2 Landlord shall have no obligation to repair or replace the Landlord Work, the Special Work, the Data Center Work or any of Tenant's furniture, equipment or supplies destroyed by fire, storm, earthquake, water or other casualty.
15.3 If (a) the Building or the Premises is damaged or destroyed to the extent that Landlord determines that the Building or the Premises or access to the Premises cannot, with reasonable diligence, be fully repaired or restored by Landlord within two hundred seventy (270) days after the date of the damage or destruction, notwithstanding the fact that the Premises may have not been damaged or destroyed, (b) the Building is damaged and the total cost of restoration shall amount to fifty percent (50%) or more of the full insurable value of the Building,
Destruction -- Fire or Other Casualty. 9.1 If the Premises or the Building shall be damaged by fire or other casualty not arising from the fault or negligence of Tenant or its servants, agents, employees, invitees or licensees: (i) except as otherwise provided in subsection (ii) hereof, the damage shall be repaired by and at the expense of Landlord and until such repairs shall be made the Basic Rent and Additional Rent shall be equitably abated according to the part of the Premises which is usable by Tenant. Landlord agrees, at its expense, to repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to a delay caused by strike, lockout, act of God, inability to obtain labor or materials, governmental restrictions, enemy actions, civil commotion, fire, unawardable casualty or any other cause similar or dissimilar beyond the reasonable control of either Landlord or Tenant or due to the passing of time while waiting for an adjustment of insurance proceeds (hereinafter referred to as an "Excusable Delay"); (ii) if the Premises are totally damaged or are rendered wholly untenantable by fire or other casualty, or if Landlord's architect certifies that it cannot be repaired within
Destruction -- Fire or Other Casualty. Section 9.01. If the Demised Premises shall be damaged by fire or other casualty and if Tenant shall give prompt notice to Owner of such damage, Owner, at Owner's expense, shall repair such damage subject to Owner's options as hereinafter provided and further subject to the provisions of Section
Destruction -- Fire or Other Casualty. (A) In case of partial damage to the Premises by fire or other casualty, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damages are subject to or are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord be repaired by Landlord with due diligence, provided Landlord shall in no event be required to pay any amount in excess of insurance proceeds paid or to be paid to landlord, due allowance being made for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control. To the extent that the Premises are rendered untenantable, the rent shall proportionately xxxxx;
Destruction -- Fire or Other Casualty. Except as otherwise provided herein, if the Premises or any part thereof shall be damaged by fire or other casualty , Landlord shall proceed with reasonable diligence to repair or cause to be repaired such damage to the condition in which the Premises existed immediately preceding such fire or other casualty (excluding the repair or replacement of Tenant’s Property or any Alterations). Tenant shall give Landlord prompt notice of any damage to the Premises by fire or other casualty. The Rent shall be abated to the extent that the Premises shall have been rendered untenantable, such abatement to be from the date of such damage or destruction to the date the Premises shall be substantially repaired or rebuilt so that Tenant can resume its normal business operations therein, in proportion which the area of the part of the Premises so rendered untenantable bears to the total area of the Premises.
Destruction -- Fire or Other Casualty. (a) If the Building shall be partially damaged or destroyed or if the demised premises shall be partially or totally damaged or destroyed by fire, casualty or other such cause, then, whether or not the damage or destruction shall have resulted from the fault or neglect of Tenant, or its servants, employees, agents, visitors or licensees (and if this Lease shall not have been cancelled as in this Article hereinafter provided), Landlord will repair the damage, and restore, replace, and rebuild the Building and the demised premises at its expense, with reasonable dispatch and continuity after notice to it of the damage or destruction; provided, however, that Landlord shall not be required to repair or replace any property installed by Tenant or the prior tenant. Landlord shall give Tenant an allowance of twelve dollars ($12) per rentable square foot allocable to such damaged area toward the restoration of such damaged area. The aforesaid allowance of $12 per rentable square foot shall be increased to an amount equal to the product obtained by multiplying $12 by a fraction the numerator of which is the Consumer Price Index (as hereinafter defined) for the month in which the fire or other casualty occurs and the denominator of which is the Consumer Price Index for the month of December 1981, but in no event shall allowance be greater than the cost of repairing such damaged area. As used in the preceding sentence, the term "Consumer Price Index" shall mean the Consumer Price Index for All Urban Consumers and New York, N.Y., Northeastern, N.J., base year 1967=100, specified for "All Items", as issued or published by the Bureau of Labor Statistics of the United States Department of Labor, whether or not the composition of the items upon which such index is based, their relative effects thereon or the region considered may be changed from time to time. If the foregoing index shall be converted to a standard reference base other than "base year 1967=100", the determination of the percentage increase shall be made by applying a conversion factor, formula or table for converting such converted or revised index, as may be issued or published by the Bureau of Labor Statistics of the U.S. Department of Labor or, if not so issued or published, by application of such other reasonably comparable index or statistical information as may be issued or published by a reliable, recognized and non-partisan organization. If the foregoing index shall no longer be issued or published...
Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with
