DESTRUCTION NOT RENDERING FACILITY UNSUITABLE FOR ITS PRIMARY USE Sample Clauses

DESTRUCTION NOT RENDERING FACILITY UNSUITABLE FOR ITS PRIMARY USE. If during the Term, the Subleased Property is totally or partially destroyed from a risk covered by the insurance described in Article 13, but the Facility is not thereby rendered Unsuitable For Its Primary Intended Use, Subtenant shall diligently restore the Facility to substantially the same condition as existed immediately before the damage or destruction; provided, however, Subtenant shall not be required to restore Subtenant's Personal Property and/or any Subtenant Improvements if failure to do so does not adversely affect the amount of Additional Rent payable hereunder. Such damage or destruction shall not terminate this Sublease.
Sample 1
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DESTRUCTION NOT RENDERING FACILITY UNSUITABLE FOR ITS PRIMARY USE. If during the Term, the Leased Property is totally or partially destroyed from a risk covered by the insurance described in Article 13, but the Facility is not thereby rendered Unsuitable For Its Primary Intended Use, Tenant shall diligently restore the Facility to substantially the same condition as existed immediately before the damage or reconstruction; provided, however, Tenant shall not be required to restore that portion of Tenant's Personal Property which is not Tenant's Replacement Personal Property and/or any Tenant Improvements if failure to do so does not adversely affect the amount of Additional Rent payable hereunder. Such damage or destruction shall not terminate this Lease.
Sample 1
DESTRUCTION NOT RENDERING FACILITY UNSUITABLE FOR ITS PRIMARY USE. If during the Term, the Leased Property is totally or partially destroyed from a risk covered by the insurance described in Article 13, but the Facility is not thereby rendered Unsuitable For Its Primary Intended Use, and provided that insurance proceeds are disbursed for that purpose in the manner provided in Section 14.1.1, Tenant shall diligently restore the Facility to substantially the same condition as existed immediately before the damage or destruction; provided, however, Tenant shall not be required to restore Tenant's Personal Property and/or any Tenant Improvements if failure to do so does not adversely affect the amount of Additional rent payable hereunder. Such damage or destruction shall not terminate this Lease; provided further, however, if Tenant and Landlord cannot within 12 months after said damage obtain all necessary governmental approvals, including building permits, licenses, conditional use permits and any certificates of need, after diligent efforts to do so in order to be able to perform all required repair and restoration work and to operate the Facility for its Primary Intended Use in substantially the same manner as immediately prior to such damage or destruction, Tenant may terminate this Lease upon 30 days prior written notice to Landlord; provided further, however, if Landlord notifies Tenant in writing within 15 days of Landlord's receipt of Tenant's notice of termination that Landlord intends to restore the Facility to substantially the same condition as existed immediately before the damage and destruction and Landlord diligently commences and prosecutes such restoration and completes such restoration within 90 days after the date of Tenant's notice of termination, then Tenant's election to terminate the Lease shall be deemed rescinded and the Lease shall remain in full force and effect. In the event Landlord elects to restore the Facility as provided in the immediately preceding sentence, during the period from the date of Tenant's notice of termination through the date the restoration of the Facility is completed, the Base Rent shall be deemed to be zero and Tenant's payment of Rent shall consist only of the payment of Additional Rent in accordance with Section 8 of the Basic Lease Provisions and the Additional Charges as required by the Detailed Lease Provisions. Upon any such termination of the Lease by Tenant or opon Landlord's election to restore the Facility as provided in this section, Landlord shall be entitled t...
Sample 1
DESTRUCTION NOT RENDERING FACILITY UNSUITABLE FOR ITS PRIMARY USE. If during the Term, the Leased Property is totally or partially destroyed from a risk covered by the insurance described in Article 13, but the Facility is not thereby rendered
Sample 1

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