DESTRUCTION-FIRE OR OTHER CAUSE Clause Samples
DESTRUCTION-FIRE OR OTHER CAUSE. (a) Subject to the provisions of Subsection 10.l(b) below, if the Premises shall be rendered untenable by fire or other casualty, Landlord shall restore the Premises (excluding Tenant’s trade fixtures and improvements) and make them tenable as soon as possible. Rent shall ▇▇▇▇▇ during the period of untenability in proportion to the area of the Premises rendered untenable, and for ninety (90) days after its delivery to Tenant in a repaired condition by Landlord to allow Tenant to refixture the Premises. In any event, Tenant shall commence paying rent no later than the date that Tenant reopens for business following the casualty. All such restoration shall be completed within one hundred fifty (150) days of date of the casualty, weather permitting, or Tenant shall be entitled to terminate this Lease in its sole discretion. Landlord shall advise Tenant within thirty (30) days of any casualty whether Landlord can rebuild the Premises within such period of time. Tenant shall have the right to extend such period of time for rebuilding by written notice to Landlord from time-to-time. Landlord shall attempt to provide in existing and future financing documents that it has a right to rebuild if there is a insurable casualty and to receive the insurance proceeds for such purposes.
(b) If the Premises, or the building that the Premises are a part, shall be so damaged by fire or other casualty that demolition or substantial reconstruction (more than fifty (50%) percent of their initial cost) is required during the last year of any Lease Term or Extended Lease Term, unless Tenant elects to extend the Lease Term by exercise of an Option Right, then Landlord may terminate this Lease by notifying the Tenant of such termination within thirty (30) days after the date of such damage. Rent shall be prorated to the date of such a termination. If Tenant extends the Lease Term, Landlord must rebuild as required herein.
(c) Tenant shall immediately notify Landlord of the occurrence of a fire or other casualty at the Premises and shall, at its expense, restore or replace its personal property, fixtures and tenant improvements. There shall be no abatement of Rent during any delay caused by the failure of Tenant to complete its restoration and repair work unless due to acts or omissions of Landlord.
DESTRUCTION-FIRE OR OTHER CAUSE. A. If the Store shall be totally destroyed by fire, wind, or other casualty, or the casualty exceeds fifty percent (50%) of the replacement cost of the Store as determined by a mutually acceptable insurance adjuster, then in either event, either Bank or Supermarket may terminate this Lease by giving the other written notice of its election to terminate this Lease, not more than thirty (30) days following the date of such damage or destruction. In the event of partial destruction (less than 50% of the replacement Store cost), or if destruction is greater but neither Supermarket or Bank elects to terminate this Lease, said Store shall be restored and repaired by Supermarket. The Rent for the Leased Premises shall be abated during the period of restoration and repairs if the Leased premises is unusable by Bank for the purpose set forth in this Lease.
B. If the Leased Premises are partially damaged or rendered partially unusable by fire, earthquake or other casualty, the damages hereto shall be promptly repaired by and at the expense of Supermarket and the Rent, until such repair shall be substantially completed, shall be apportioned from the date following the casualty according to the part of the Leased Premises which is usable.
C. If the Leased Premises are totally destroyed or rendered substantially unusable, as determined by Bank in its sole discretion, by fire, earthquake or other casualty, then Bank, at its option, may either terminate this Lease or elect that the Rent shall be paid up to the time of the casualty and thence forth shall cease until the date which, in Bank's sole judgment, the Leased Premises may be used by the Bank for the purpose set forth in this Lease.
DESTRUCTION-FIRE OR OTHER CAUSE. If the Premises shall be rendered untenantable by fire or other casualty, then Host shall make the Premises tenantable as speedily as possible, and the rent shall be abated in whole or in part, according to the portion of the Premises which is rendered untenantable, during the period of untenantability, except that there shall be no such abatement if such fire or other casualty shall be caused by the gross negligence of Guest or its agents, employees, invitees or licensees, and further, there shall be no abatement for the time required for the replacement or repair of any property of Guest, in excess of the time required to make the Premises tenantable. In the event that the Premises cannot be made tenantable within ninety (90) days, then either Host or Guest may terminate this Lease by notification to the other of such termination within ten (10) days after Host shall have notified Guest of the time required to make them tenantable. Host shall, in its sole judgment, reasonably exercised, determine the length of time required to make the Premises tenantable, and shall notify Guest of such determination within ten (10) days after the occurrence of the fire or other casualty. Notwithstanding the foregoing, in the event that the Premises shall be so damaged by fire or other casualty that demolition or substantial reconstruction is required, then Host or Guest may terminate this Lease by notifying the Guest or Host of such termination within thirty (30) days after the date of such damage.
DESTRUCTION-FIRE OR OTHER CAUSE. If said building shall be totally destroyed, this lease shall thereupon terminate. If said building or demised premises shall be damaged by fire, earthquake, or any other cause without fault or neglect of Tenant, so that the leased premises become untenantable, then, if the leased premises cannot be made tenantable within one hundred twenty (120) working days from the date of such damage, this lease may be terminated by Landlord or tenant in the event the leased premises cannot be made tenantable within one hundred eighty (180) days, this lease may be terminated by either party. In any case where the leased premises are rendered partially and permanently untenantable by fire, earthquake, or other cause without the fault or neglect of Tenant, the monthly rental shall be adjusted in the proportion that the rental value of the untenantable portion of the demised premises bears to the rental value of the whole thereof. In any case, where theleased premises are rendered partially but only temporarily untenantable by the aforementioned causes, there shall be no abatement of rental.
DESTRUCTION-FIRE OR OTHER CAUSE. If the Premises shall be --------------------------------- rendered untenantable by fire or other casualty, then Lessor shall make the Premises tenantable as speedily as possible, and the rent shall be abated in whole or in part, according to the portion of the Premises which is rendered untenantable, during the period of untenantability, except that there shall be no abatement for the time required for the replacement or repair of any property of Lessee, in excess of the time required to make the Premises tenantable. In the event that the Premises cannot be made tenantable within ninety (90) days after the occurrence of the fire or other casualty, then either Lessor or Lessee may terminate this Lease by notification to the other of such termination within ten (10) days after (a) expiration of said 90- day period or (b) Lessor shall have notified Lessee of the time required to make them tenantable. Lessor shall, in its sole judgment, reasonably exercised, determine the length of time required to make the Premises tenantable, and shall notify Lessee of such determination within ten (10) days after the occurrence of the fire or other casualty.
DESTRUCTION-FIRE OR OTHER CAUSE. If the Premises shall be ---------------------------------- rendered untenantable by fire or other casualty, then Host shall make the Premises tenantable as speedily as possible, and the rent shall be abated in whole or in part, according to the portion of the Premises which is rendered untenantable, during the period of untenantability, except that there shall be no such abatement if such fire or other casualty shall be caused by the negligence of Guest or its agents, employees, invitees or licensees, and further, there shall be no abatement for the time required for the replacement or repair of any property of Guest, in
DESTRUCTION-FIRE OR OTHER CAUSE. If the demised premises shall be damaged by any casualty, Lessee shall promptly and diligently repair (which term shall include, without limitation, re-equip and re-fixture) the demised premises to the condition or state in which the demised premises were immediately prior to the casualty, it being understood that there shall be no abatement of any rental payable hereunder (but Lessor shall, to the extent of the net amount of business interruption insurance proceeds actually received by Lessor for the applicable period, credit the same against the rental payable under this Lease for said applicable period). All proceeds payable under the fire and extended casualty insurance Lessee is obligated to procure and obtain pursuant to paragraph 16c of this Lease shall be paid to Lessor and shall (other than for the portion thereof representing business interruption proceeds) be held in trust and Lessor shall make the insurance proceeds being held in trust available to Lessee as the work progresses generally on the same basis and subject to the same provisions as an institutional construction lender would advance the proceeds of its construction loan.
DESTRUCTION-FIRE OR OTHER CAUSE. (A) If the Premises (including Alterations other than ------------- Specialty Alterations) shall be damaged by fire or other casualty, Tenant shall give prompt notice thereof to Landlord. The damage, with such modifications as shall be required in order to comply with Requirements, shall be diligently repaired by and at the expense of Landlord to substantially the condition prior to the damage, and until such repairs which are required to be performed by Landlord (excluding Long Lead Work) shall be substantially completed (of which substantial completion Landlord shall promptly notify Tenant) the Fixed Rent, Escalation Rent and Space Factor shall be reduced in the proportion which the area of the part of the Premises which is not usable by Tenant and is actually not used by Tenant, bears to the total area of the Premises immediately prior to such
DESTRUCTION-FIRE OR OTHER CAUSE. (A) If the Premises (including Alterations other than Specialty Alterations) shall be damaged by fire or other casualty, and if Tenant shall give prompt notice thereof to Landlord, the damage shall be diligently repaired by and at the expense of Landlord to substantially the condition prior to the damage, and until the later of (a) the date on which such repairs which are required to be performed by Landlord (excluding Long Lead Work) shall be substantially completed (of which substantial completion Landlord shall promptly notify Tenant) and (b) the date upon which Tenant shall have substantially completed the performance of its Specialty Alterations, excluding Long Lead Work (but in no event later than ninety (90) days after the earlier of (x) the date specified in the notice delivered by Landlord to Tenant pursuant to Section 10.1(8)(1) hereof and (y) the date on which the repairs which are required to be performed by Landlord (excluding Long Lead Work) shall be substantially completed), the Fixed Rent, Escalation Rent and Space Factor shall be reduced in the proportion which the ratio between the area of the part of the Premises which is not usable by Tenant, as determined by Landlord in its reasonable discretion, bears to the total area of
DESTRUCTION-FIRE OR OTHER CAUSE. If the Premises shall be rendered untenantable by fire or other casualty, the insurance proceeds may be used to repair the damage as speedily as possible. In the event such proceeds exceed the cost of such repair, such excess shall belong to Landlord. In the event the Building or the Premises is completely destroyed or so extensively damaged to as to make restoration impractical or uneconomical, this Lease may be terminated by Landlord upon notice thereof to Tenant given within ninety (90) days of such damage. Landlord shall not be responsible for any damages suffered by Tenant as a result of said termination or interruption in Tenant’s enjoyment of the Premises.