DESTRUCTION-FIRE OR OTHER CAUSE. Section 10.1 (A) If the Premises (including the Alterations) shall be damaged by fire or other casualty, and if Tenant shall give prompt notice thereof to Landlord, the damage to the Premises, but excluding damage to the Alterations and Tenant’s Property, shall be diligently repaired by and at the expense of Landlord to substantially the condition prior to the damage, with such modifications as shall be required in order to comply with Requirements, and from the date of such damage until one hundred twenty (120) days after such repairs 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 not actually used by Tenant), bears to the total area of the Premises. Tenant shall cooperate with Landlord in connection with the making of such repairs, including without limitation, the making or settlement of any insurance claims. Landlord shall have no obligation to repair any damage to, or to replace, any Alterations or Tenant’s Property. Landlord shall use its reasonable efforts to minimize interference with Tenant’s use and occupancy in making any repairs pursuant to this Section. Anything contained herein to the contrary notwithstanding, if the Premises (including any Alterations) are damaged by fire or other casualty at any time prior to the completion of the Initial Alterations, Landlord’s obligation to repair the Premises shall be limited to repair of the Premises to substantially the condition of the Premises on the Commencement Date with such modifications as shall be required in order to comply with Requirements.
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 Landlord 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 Tenant or its agents, employees, invitee or licensees, and further, there shall be no abatement for the time required for the replacement or repair of any property of Tenant, 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 Landlord or Tenant may terminate this Lease, effective as of the date of casualty, by notification to the other of such termination within ten (10) days after Landlord shall have notified Tenant of the time required to make them tenantable. Landlord shall, in its sole judgment, reasonably exercised, determine the length of time required to make the Premises tenantable, and shall notify Tenant of such determination within twenty (20) days after the occurrence of the fire or other casualty.
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. 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 (to the extent of available insurance proceeds, as provided in Section 24 below) restore them and make them tenable as soon as possible, and rent shall be abated, in whole or in part, during the period of untenability. All such restoration shall be performed under the supervision of the Tenant by contractors approved in advance by Landlord. Tenant shall immediately notify Landlord and Landlord's Mortgagee of the occurrence of a fire or other casualty at the Premises. If Legal Requirements do not permit the restoration of the Premises, the Lease shall terminate as of the date of the fire or casualty rendering the Premises untenable. Provided, however, if the Lease is terminated upon the occurrence of a fire or other casualty, the insurance proceeds shall be distributed pursuant to Section 31(a)(iii) of this Lease.
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 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.
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, Tenant shall restore the Premises (excluding Tenant’s trade fixtures and improvements) and make them tenable as soon as possible. Rent shall xxxxx during the period of untenability in proportion to the area of the Premises rendered untenable. All such restoration shall be completed within one hundred twenty (120) days of date of the casualty. Tenant shall have the right to extend such period of time for rebuilding by written notice to Landlord from time-to-time. Landlord shall provide in existing and future financing documents if there is an insurable casualty. Tenant shall 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 forty (40%) percent of their initial cost) is required during the last year of any Lease Term or Extended Lease Term, , then Tenant 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.
(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 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 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. 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
