Common use of DESTRUCTION, FIRE OR OTHER CAUSES Clause in Contracts

DESTRUCTION, FIRE OR OTHER CAUSES. If the Premises or Building are partially damaged by fire or other casualty, the same shall, at the option of Landlord, be repaired as speedily as possible at the expense of Landlord (to the extent of insurance proceeds received by Landlord for restoration). If the damage to the Premises or Building is so extensive so as to render same untenable by the Tenant, the Tenant's obligation to pay Minimum Annual Rent and Additional Rent shall cease until such time as the Building or Premises shall be put in complete repair. If the damage to the Building or Premises is such that the Building or Premises is totally destroyed and the Landlord elects not to repair such damage, the Tenant shall be responsible to pay the Minimum Annual Rent and Additional Rent until the time of such total destruction, and then and from thenceforth this Agreement shall terminate and the Term shall expire, and the Tenant shall vacate the Premises and surrender same to the Landlord. If the damage to the Building or Premises is such that the Landlord is unable to repair said damage and render the Premises or Building tenable within One Hundred Eighty (180) days of said damage, the Tenant may elect to terminate this Lease Agreement and the Tenant shall be responsible to pay the Minimum Annual Rent and Additional Rent until the time of such total damage, and then and from thenceforth this Agreement shall terminate and the Term shall expire, and the Tenant shall vacate the Premises and surrender same to the Landlord. Landlord shall not be liable for any damage to, or be required (under any provision of this Lease Agreement or otherwise) to repair, restore or replace, any property in the Premises or be liable to Tenant for damage arising from rain or snow or from the bursting, overflowing or leakage of water, steam or gas pipes or defect in the plumbing, HVAC, mechanical or electrical systems of the Building or from any act or neglect of any other tenant or occupant in the Building, unless said damage is the result of and caused by negligence of the Landlord.

DESTRUCTION, FIRE OR OTHER CAUSES. (a) If the Premises or the Building are shall be partially damaged by fire or other casualty, casualty so that the same shall, at the option of Landlord, damage can reasonably be repaired as speedily as possible by Landlord within 120 days from the date of the damage, then the damage shall be diligently repaired by and at the expense of Landlord (to the extent of net insurance proceeds received by Landlord for restoration). , subject to applicable laws and insurance requirements, and the Rent until such repairs shall be apportioned according to the part of the Premises which is tenantable. (b) If the Premises are destroyed or are rendered wholly untenantable by fire or other cause, or are partially damaged so that the damage to cannot reasonably be repaired by Landlord within 120 days of the Premises date of the damage, or Building is so extensive so as to render same untenable by the Tenant, the Tenant's obligation to pay Minimum Annual Rent and Additional Rent shall cease until such time as if the Building or Premises shall be put in complete repair. If the damage to the Building or Premises is such so damaged that the Building or Premises is totally destroyed and the Landlord elects shall elect not to repair such damagerestore the same but to demolish it or rebuild it, the Tenant shall be responsible to pay the Minimum Annual Rent and Additional Rent until the time then in any of such total destructionevents Landlord may, within 45 days after such casualty, give Tenant a notice in writing of intention to terminate this Lease, and then and from thenceforth this Agreement shall terminate and thereupon the Term shall expire, effective the date of the casualty, and the Tenant shall vacate the Premises and surrender the same to the Landlord within a reasonable time after receipt of Landlord's notice. If the damage to the Building or Premises is such that the Landlord is unable to repair said damage and render the Premises or Building tenable within One Hundred Eighty (180) days of said damage, the Tenant may does not elect to terminate this Lease Agreement Lease, the provisions of subsection (a) shall govern. (c) Each of Landlord and Tenant hereby releases the Tenant shall be responsible to pay the Minimum Annual Rent other from any and Additional Rent until the time of such total damage, and then and from thenceforth this Agreement shall terminate and the Term shall expire, and the Tenant shall vacate the Premises and surrender same all liability or responsibility (to the Landlord. releasor or anyone claiming through or under the releasor by way of subrogation or otherwise) for any loss or damage to property of the releasor, or anyone claiming through or under the releasor, caused by fire or any of the extended coverage casualties, to the extent of insurance proceeds received by the releasor. (d) Landlord shall not be liable for any damage to, or be required (under any provision of this Lease Agreement or otherwise) to repair, restore or replace, any property in the Premises or be liable to Tenant for damage arising from rain or snow or from the bursting, overflowing or leakage of water, steam or gas pipes or defect in the plumbing, HVAC, mechanical or electrical systems of the Building Building, except for Landlord's negligence or breach of this Lease, or from any act or neglect of any other tenant or occupant in the Building, unless said damage is the result of and caused by negligence of the Landlord.

DESTRUCTION, FIRE OR OTHER CAUSES. Section 13.1. If Landlord's Building is totally damaged or is rendered wholly untenantable by fire or other cause, and cannot reasonably be repaired by Landlord within one hundred twenty (120) days, or if the Building shall be so damaged that Landlord cannot reasonably restore the same but must demolish it or rebuild it, which Landlord may in its sole discretion determine, then either party may, within sixty (60) days after such casualty, give to the other party a notice in writing of intention to terminate this Lease, and thereupon the term of this Lease shall expire by lapse of time upon the tenth (10th) day after such notice is given, and Tenant shall vacate the Demised Premises and surrender the same to Landlord. Upon termination of this Lease under this Section 13.1, Tenant's liability for rent shall cease as of the first day following the casualty or when Tenant ceases to do business in the Demised Premises, whichever date is later. In the event this Lease is not terminated under the provisions of this Section 13.1, Landlord shall repair and rebuild the Demised Premises with reasonable diligence. Section 13.2. If the Demised Premises shall be totally or Building are partially damaged by fire or other casualty, the same damages to the Landlord's Building and to the Demised Premises shall, at to the option of extent that they were originally constructed and furnished by the Landlord, be promptly repaired as speedily as possible by and at Landlord's expense and the damage to all of Tenant's fixtures and other improvements installed by Tenant shall be promptly repaired by and at the expense of Tenant and the rent until such repair shall be made shall be apportioned according to the part of the Demised Premises which is tenantable by Tenant until the Landlord has made the repairs required of Landlord. Section 13.3. Each of Landlord and Tenant hereby releases the other from any and all liability or responsibility (to the extent re1easor or anyone claiming through or under the releasor by way of insurance proceeds received by Landlord subrogation or otherwise) for restoration). If the any loss or damage to property of the Premises releasor or Building is so extensive so as anyone claiming under the releasor, to render same untenable the extent covered by fire insurance or any of the extended coverage insurance, additional extended coverage insurance or supplementary contract casualties, even if such fire or other casualty shall have been caused by the Tenantfault or negligence of the other party, the Tenant's obligation to pay Minimum Annual Rent and Additional Rent shall cease until or any for whom such time as the Building or Premises shall party may be put in complete repairresponsible. Section 13.4. If the damage to the Building or Premises is such that the Building or Premises is totally destroyed and the Landlord elects not to repair such damage, the Tenant shall be responsible to pay the Minimum Annual Rent carry fire insurance covering all property of Tenant and Additional Rent until the time of such total destructionall interior movable fixtures, and then and from thenceforth this Agreement shall terminate and equipment or other improvements installed by it in the Term shall expireDemised Premises, and the any loss payable under insurance being payable directly to Tenant. Tenant shall vacate the Premises and surrender same to the Landlord. If the damage to the Building or Premises is such agrees that the Landlord is unable to repair said damage and render the Premises or Building tenable within One Hundred Eighty (180) days of said damage, the Tenant may elect to terminate this Lease Agreement and the Tenant shall be responsible to pay the Minimum Annual Rent and Additional Rent until the time of such total damage, and then and from thenceforth this Agreement shall terminate and the Term shall expire, and the Tenant shall vacate the Premises and surrender same to the Landlord. Landlord shall not be liable for any damage to, or be required (under any provision of this Lease Agreement or otherwise) to repair, restore or replace, any personal property in the Demised Premises or be liable to Tenant for damage arising from rain or snow or from the bursting, overflowing or leakage of water, steam or gas pipes or defect in the plumbing, HVAC, mechanical or electrical systems of the Building lighting system or from any act or neglect of any other tenant or occupant in Landlord's Building. Section 13.5. Landlord shall provide and maintain, at its expense, during the Buildingterm hereof, unless said damage is adequate fire insurance (replacement cost endorsement) and extended coverage insurance. Anything contained in this Lease to the contrary notwithstanding, in the event the Landlord's Building shall be totally or partially damaged by fire or other casualty, the Landlord shall not be obligated to expend for such repair or restoration an amount in excess of the net proceeds of insurance recovered as a result of and caused by negligence of the Landlordsuch damage.

DESTRUCTION, FIRE OR OTHER CAUSES. If Section 13.1. If, during the Lease Term, the Building, improvements or the equipment (other than Tenant's Personal Property) on, in or appurtenant to the Premises at the commencement of the Lease Term or Building are partially thereafter erected thereon or therein shall be destroyed or damaged in whole or in part by fire or other casualtycause, the same shallTenant shall give to Landlord immediate notice thereof, at the option of Landlord, be repaired as speedily as possible at the expense of Landlord and Tenaxx, (to the extent of a) All insurance proceeds received by Landlord on account of such damage or destruction, shall be applied by Landlord to reimburse Tenant for the payment of the cost of the aforesaid restoration, repairs, replacement, rebuilding or alterations, including the cost of temporary repairs or for the protection of property pending the completion of permanent restoration, repairs, replacements, rebuilding or alterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement, rebuilding or alterations being hereinafter collectively referred to as the "restoration"). If , and, so long as Tenant is not then in default hereunder, shall be paid out from time to time as such restoration progresses upon the damage written request of Tenant which shall be accompanied by the following: (1) A certificate signed by an officer of Tenant, and by the architect or engineer in charge of the restoration (selected by Tenant and approved by Landlord), dated not more than ten (10) days prior to such request, setting forth the following: (A) That the sum then requested has been paid by Tenant, that no part of such expenditures has been or is being made the basis, if any previous or then pending request, of the withdrawal of insurance money or has been made out of the proceeds of insurance received by Tenant, and that the sum then requested does not exceed the value of the services and materials described in the certificate. (B) That, there is no outstanding indebtedness known to the person signing such certificate, after due inquiry, which is then due for labor, wages, materials, supplies or services in connection with such restoration. (C) The cost, as estimated by the person signing such certificate, of the restoration required to be done subsequent to the date of such certificate in order to complete the same. (2) A title company or official search, or other evidence satisfactory to Landlord showing that there have not been filed with respect to the Premises any vendor's, contractor's, mechanic's, laborer's or Building is so extensive so materialman's statutory or similar lien which has not been discharged of record, except such as to render same untenable by will be discharged upon payment of the Tenantsum requested in such certificate. (b) If the insurance money at the time available for the purpose, less the Tenant's obligation actual cost, fees and expenses, if any, incurred in connection with the adjustment of the loss, shall be insufficient to pay Minimum Annual Rent the entire cost of such restoration, Tenant will pay the deficiency. Section 13.3. Such work and Additional Rent shall cease until such time as the Building or Premises performance thereof shall be put subject to and shall be performed in complete repairaccordance with the provisions of Section 11.2 hereof. Section 13.4. If At least thirty (30) days before the commencement of such repairs, replacement or rebuilding, Tenant shall notify Landlord of its intention to commence the same. Section 13.5. Except as specifically provided herein, this Lease shall not terminate or be affected in any manner by reason of damage to or substantial or partial destruction of the Building buildings, improvements or equipment on, in or appurtenant to the Premises is such at the commencement of the Lease Term or thereafter erected thereon or therein, or by reason of the untenantability of the Premises, or any part thereof, for or due to any reason or cause whatsoever, except that the Building or Premises is totally destroyed and the Landlord elects not to repair such damage, the Tenant shall be responsible entitled to pay the Minimum Annual a proportionate reduction of Rent and Additional Rent until the time of while such total destruction, and then and from thenceforth this Agreement shall terminate and the Term shall expire, and the Tenant shall vacate the Premises and surrender same repairs are being made to the Landlord. If the damage to the Building or Premises is such that the extent of payments received by Landlord is unable to repair said damage and render the Premises or Building tenable within One Hundred Eighty (180) days of said damage, the Tenant may elect to terminate this Lease Agreement and the Tenant shall be responsible to pay the Minimum Annual Rent and Additional Rent until the time of such total damage, and then and from thenceforth this Agreement shall terminate and the Term shall expire, and the Tenant shall vacate the Premises and surrender same to the Landlord. Landlord shall not be liable for any damage to, or be required (under any provision loss of this Lease Agreement or otherwiserents insurance coverage. Section 13.6. Tenant waives the provisions of Civil Code Section 1932 (2) and Civil Code Section 1933 (4) with respect to repair, restore or replace, any property in the Premises or be liable to Tenant for damage arising from rain or snow or from the bursting, overflowing or leakage of water, steam or gas pipes or defect in the plumbing, HVAC, mechanical or electrical systems destruction of the Building or from any act or neglect of any other tenant or occupant in the Building, unless said damage is the result of and caused by negligence of the LandlordPremises.

DESTRUCTION, FIRE OR OTHER CAUSES. If Section 13.1 If, during the Lease Term, the Building, improvements or the ------------ equipment (other than Tenant's Personal Property) on, in or appurtenant to the Premises at the commencement of the Lease Term or Building are partially thereafter erected thereon or therein shall be destroyed or damaged in whole or in part by fire or other casualtycause, Tenant shall give to Landlord immediate notice thereof. Landlord shall use reasonable efforts to provide Tenant with written notice of the same estimated time for repairs within thirty (30) days following the damage or destruction in question. Provided that sufficient insurance proceeds, as reasonably estimated by Landlord, are available for such repair, including deductibles, Landlord shall, at its own cost and expense, use reasonable efforts to repair, replace and rebuild the option of Landlordsame, be repaired as speedily as possible at the expense of Landlord (least to the extent of the value and as nearly as possible to the character of the Building and improvements and the equipment therein existing immediately prior to such occurrence (other than Tenant's Personal Property) as soon as reasonably possible; however, Landlord shall in no event be called upon to repair, replace or rebuild any such buildings, improvements or equipment, nor to pay any of the costs or expenses thereof beyond or in excess of the insurance proceeds received as herein provided. Notwithstanding the foregoing, to the extent that the time for such repairs shall reasonably be estimated by Landlord for restoration). If to exceed 180 days or if the Building is destroyed to an extent greater than fifty percent (50.0%) of the replacement cost, Landlord or Tenant may elect to terminated this Lease, and so long as (where the damage or destruction has been caused by the act or omission of Tenant, or any agent, employee, officer, contractor, licensee, or invitee of Tenant) the Landlord receives the insurance proceeds for loss of rent for the term remaining on this Lease at such time, Tenant may likewise elect to terminate this Lease. Provided Landlord has received the insurance proceeds for loss of rent (where the damage or destruction has been caused by the act or omission of Tenant, or any agent, employee, officer, contractor, licensee, or invitee of Tenant), if this Lease is not otherwise terminated as provided above and Landlord thereafter fails to complete the restoration and re-deliver possession of the damaged portions of the Premises or Building is so extensive so as to render same untenable by the Tenant, the Tenant's obligation to pay Minimum Annual Rent and Additional Rent shall cease until such time as the Building or Premises shall be put in complete repair. If Tenant within two hundred ten (210) days following the damage to the Building or Premises is such that the Building or Premises is totally destroyed and the Landlord elects not to repair such damagedestruction in question, the Tenant shall be responsible to pay the Minimum Annual Rent and Additional Rent until the time of such total destruction, and then and from thenceforth this Agreement shall terminate and the Term shall expire, and the Tenant shall vacate the Premises and surrender same to the Landlord. If the damage to the Building or Premises is such that the Landlord is unable to repair said damage and render the Premises or Building tenable within One Hundred Eighty (180) days of said damage, the Tenant may elect to terminate this Lease. If Landlord does not receive the insurance proceeds for loss of rent (where the damage or destruction has been caused by the act or omission of Tenant, or any agent, employee, officer, contractor, licensee, or invitee of Tenant), Tenant shall not be entitled to terminate this Lease. Section 13.2 Except as specifically provided herein, this Lease Agreement and shall not ------------ terminate or be affected in any manner by reason of damage to or substantial or partial destruction of the buildings, improvements or equipment on, in or appurtenant to the Premises at the commencement of the Lease Term or thereafter erected thereon or therein, or by reason of the untenantability of the Premises, or any part thereof, for or due to any reason or cause whatsoever, except that Tenant shall be responsible entitled to pay abatement of Rent in proportion to the Minimum Annual Rent area that is rendered untenantable or is not reasonably usable by Tenant for its purposes by reason of the damage or destruction in question bears to the area of the Building as a whole, which abatement shall commence upon the occurrence of the damage or destruction in question and Additional Rent shall continue until the time of such total damage, and then and from thenceforth this Agreement shall terminate and the Term shall expire, and the Tenant shall vacate the Premises and surrender same to the Landlord. Landlord shall not be liable for any damage to, or be required (under any provision of this Lease Agreement or otherwise) to repair, restore or replace, any property in the Premises or be liable to Tenant for damage arising from rain or snow or from the bursting, overflowing or leakage of water, steam or gas pipes or defect in the plumbing, HVAC, mechanical or electrical systems restoration of the Building or from any damaged portion thereof is completed and possession thereof is re-delivered to Tenant, but where the damage or destruction has been caused by the act or neglect omission of Tenant, or any other tenant agent, employee, officer, contractor, licensee, or occupant in invitee of Tenant, then only to the Building, unless said damage is extent of payments received by Landlord under any loss of rents insurance coverage. Section 13.3 Tenant waives the result provisions of Civil Code Section 1932 (2) ------------ and caused by negligence Civil Code Section 1933 (4) with respect to any destruction of the LandlordPremises.