Common use of Destruction of Building Clause in Contracts

Destruction of Building. If: the Building is damaged or destroyed by an Insured Risk; the Property is wholly or partly unfit for occupation and use and/or the Common Parts are damaged or destroyed so as to make the Property inaccessible or unusable; and the payment of the insurance monies is not wholly or partly refused because of any act or omission of the Tenant or any undertenant or their respective workers, contractors or agents or any other person at the Property or the Building with the express or implied authority of any of them, then payment of the Rent and Service Charge, or a fair proportion of them according to the nature and extent of the damage, shall be suspended until the Building has been reinstated so as to make the Property fit for occupation and use and the Common Parts accessible and usable. Subject to the provisions of paragraph 3 of Schedule 6 if for any reason the repair, rebuilding or reinstatement of the Building shall be impossible following damage or destruction by any of the Insured Risks: the Landlord's obligation to reinstate the Building contained in paragraph 2 of Schedule 6 shall be deemed to have been discharged; the Landlord shall hold all proceeds of the insurance policy of the Building on trust for the Landlord, and the Tenant, and the Flat Tenants in proportion to their respective interests in the Building at the time of the damage or destruction, as agreed in writing between the Landlord, and the Tenant and the Flat Tenants or failing agreement as determined pursuant to clause 9.3; and the Landlord shall pay such sums due to the Tenant and the Flat Tenants within three months of agreement or on determination pursuant to clause 9.3. Any dispute arising regarding this clause 9 shall be finally determined by arbitration in accordance with the provisions of the Arbitration Xxx 0000. The tribunal shall consist of one arbitrator appointed by the President for the time being of the Royal Institution of Chartered Surveyors. Set-off The Rent, Insurance Rent, Service Charge and all other amounts due under this lease shall be paid by the Tenant in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

Destruction of Building. If: , during the Term hereof, the ------------ ----------------------- Building is substantially damaged or destroyed by an Insured Risk; fire or other casualty, then Landlord may terminate this Lease by giving Tenant notice to such effect within thirty (30) days after the Property date of the casualty. The Term of this Lease shall terminate and expire upon the thirtieth (30th) day after said notice is wholly given, and Tenant shall vacate the Premises and surrender the same to Landlord on or partly unfit before said date. In the alternative, Landlord shall have the right within thirty (30) days after the occurrence of such casualty to notify Tenant that Landlord shall repair the damaged portion of the Building or rebuild the Building, as the case may be. In such event, Rent shall xxxxx to the extent and during the period for occupation which the Premises are rendered untenable for Tenant's purposes as a result of such casualty. Notwithstanding the foregoing, if the damage or destruction is caused by the gross negligence or willful misconduct of Tenant, its contractors, agents, employees or invitees, (i) Rent shall not xxxxx hereunder and use and/or (ii) Tenant shall promptly reimburse Landlord for all costs incurred by Landlord in restoring the Common Parts are Building, upon submission of reasonable supportive documentation evidencing Landlord's expenses. In the event such damage or destruction takes place during the last two (2) years of the Term, Landlord shall have the right to terminate this Lease by giving notice to Tenant as aforesaid, notwithstanding the fact that Landlord may rebuild the Building or repair the damage thereto. The Building shall be deemed substantially damaged or destroyed so as if the cost of repair and restoration is equal to make the Property inaccessible thirty percent (30%) or unusable; and the payment more of the insurance monies is not wholly or partly refused because of any act or omission then replacement cost of the Tenant or any undertenant or their respective workersBuilding. Notwithstanding anything to the contrary contained above in this Section 6.2, contractors or agents or any other person at the Property or if the Building with the express is substantially damaged or implied authority of any of themdestroyed, then payment of the Rent and Service Chargeif Landlord is unable, or a fair proportion of them according to the nature and extent of the damage, shall be suspended until the Building has been reinstated so as to make the Property fit for occupation and use and the Common Parts accessible and usable. Subject to the provisions of paragraph 3 of Schedule 6 if for any reason the repair, rebuilding or reinstatement of the Building shall be impossible within thirty (30) days following such damage or destruction by any of destruction, to provide Tenant with a good faith, reasonable assurance that Tenant can be given Access within one hundred eighty (180) days after the Insured Risks: the Landlord's obligation to reinstate the Building contained in paragraph 2 of Schedule 6 shall be deemed to have been discharged; the Landlord shall hold all proceeds of the insurance policy of the Building on trust for the Landlord, and the Tenant, and the Flat Tenants in proportion to their respective interests in the Building at the time date of the damage or destruction, as agreed in writing between the Tenant may terminate this Lease upon ten (10) days' written notice to Landlord, given at any time within the earlier of sixty (60) days following such damage or destruction or thirty (30) days following Landlord's notice to Tenant that Landlord is unable to deliver the above-described assurance to Tenant. In the event that this Lease is not cancelled and Landlord fails to provide Tenant with Access within such one hundred eighty (180) day period, extended by any delays caused by Tenant, Tenant may cancel this Lease upon five (5) days' written notice to Landlord, which notice shall include a statement detailing the failure to achieve "Access". In the event that Landlord is able to provide Tenant with Access within such five (5) day notice period, Tenant's right to cancel this Lease shall cease, and the Flat Tenants or failing agreement as determined this Lease shall continue pursuant to clause 9.3; all the terms and conditions set forth herein. In the Landlord shall pay such sums due to the Tenant and the Flat Tenants within three months event of agreement or on determination pursuant to clause 9.3. Any dispute arising regarding this clause 9 shall be finally determined by arbitration in accordance with any conflict between the provisions of Sections 6.1 and 6.2, the Arbitration Xxx 0000provisions of Section 6.2 shall supersede. The tribunal shall consist of one arbitrator appointed by With respect to both Sections 6.1 and 6.2, Landlord agrees to use every reasonable effort to expedite its property damage evaluation process so that notification to Tenant hereunder can be provided within a period shorter than the President for the time being of the Royal Institution of Chartered Surveyors. Set-off The Rent, Insurance Rent, Service Charge and all other amounts due under this lease shall be paid by the Tenant in full without any set-off, counterclaim, deduction or withholding referenced thirty (other than any deduction or withholding of tax as required by law)30) day period.

Destruction of Building. If: In the Building is damaged or destroyed by an Insured Risk; the Property is wholly or partly unfit for occupation and use and/or the Common Parts are damaged or destroyed so as to make the Property inaccessible or unusable; and the payment event of the total destruction of, or partial damage to, the buildings upon the demised Premises by fire or other casualty, Landlord shall proceed with due diligence and dispatch to repair and restore the buildings to the conditions to which they existed immediately prior to the occurrence of such casualty, at Landlord's cost and expense, provided such cost does not exceed the proceeds of insurance monies is collected on the buildings, by reason of such casualty, the application of which insurance proceeds are not wholly or partly refused because prohibited, by reason of any act or omission mortgage provision, from being used toward the cost of restoration and repairing the same; provided, further, that if the unexpired portion of the Tenant term of this lease or any undertenant extension thereof shall be one (1) year or their respective workers, contractors or agents or any other person at less on the Property date of such casualty or the Building with cost of repair or restoration, as estimated by two or more contractors, exceeds the express or implied authority replacement value of any the Equipment and buildings immediately prior to the occurrence of themsuch casualty, then payment Landlord may by written notice to the Tenant, within sixty (60) days after the occurrence of such casualty, terminate this lease. If the insurance proceeds are insufficient to effect such restoration or repairs, Landlord at its option may cancel this lease by written notice to Tenant within sixty (60) days after the occurrence of such casualty. In the event the repairing and restoring of the Rent and Service Chargebuildings cannot be completed within six (6) months after the date of occurrence of such casualty, as estimated by two or a fair proportion more reputable contractors, the Tenant shall have the right to terminate this lease upon giving written notice to Landlord within thirty (30) days from the date of them according to occurrence of said casualty. From the nature and extent date of the damage, shall be suspended until the Building has been reinstated so as to make the Property fit for occupation and use and the Common Parts accessible and usable. Subject to the provisions of paragraph 3 of Schedule 6 if for any reason the repair, rebuilding or reinstatement of the Building shall be impossible following such damage or destruction by any until said buildings have been substantially repaired or restored, an equitable abatement of the Insured Risks: the Landlord's obligation to reinstate the Building contained in paragraph 2 of Schedule 6 rent shall be deemed to have been discharged; the Landlord shall hold all proceeds of the insurance policy of the Building on trust for the Landlord, and allowed the Tenant, and the Flat Tenants in proportion to their respective interests in the Building at the time of the damage or destruction, as agreed in writing between the Landlord, and the Tenant and the Flat Tenants or failing agreement as determined pursuant to clause 9.3; and the Landlord shall pay such sums due to the Tenant and the Flat Tenants within three months of agreement or on determination pursuant to clause 9.3. Any dispute arising regarding this clause 9 shall be finally determined by arbitration in accordance with the provisions of the Arbitration Xxx 0000. The tribunal shall consist of one arbitrator appointed by the President for the time being of the Royal Institution of Chartered Surveyors. Set-off The Rent, Insurance Rent, Service Charge and all other amounts due under this lease shall be paid by the Tenant in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

Destruction of Building. If(a) Notwithstanding anything contained in this Lease and specifically notwithstanding the provisions of Section 11.01 hereof, if: the Building is damaged (i) Twenty-five percent (25%) or destroyed by an Insured Risk; the Property is wholly or partly unfit for occupation and use and/or the Common Parts are damaged or destroyed so as to make the Property inaccessible or unusable; and the payment more of the insurance monies is not wholly or partly refused because of any act or omission Rentable Area of the building is at any time destroyed or damaged (including smoke damage) as a result of fire, the elements, accident or other casualty, whether or not the Leased Premises are affected by such occurrence, then so often as any such event occurs, the Landlord may, at its option (to be exercised by written notice to the Tenant within thirty (30) days following any such occurrence), elect to terminate this Lease. In the case of such election, the Term and Tenancy hereby created shall expire on the thirtieth (30th) day after such notice is given, without indemnity or any undertenant or their respective workers, contractors or agents penalty payable or any other person at recourse by one party to or against the Property or other and the Building Tenant shall, within such thirty (30) day period, vacate the Leased Premises and surrender the same to the Landlord with the express Landlord having the right to re-enter and repossess the Leased Premises discharged of this Lease and to expel all Persons and remove all property therefrom. Rent shall be due and payable without reduction or implied authority abatement subsequent to the destruction or damage and until the date of termination, unless the Leased Premises shall have been destroyed or damaged as well, in which event Section 11.01 shall apply. (b) If all or any of them, then payment part of the Rent and Service Charge, building is at any time destroyed or a fair proportion of them according to the nature and extent of the damage, shall be suspended until the Building has been reinstated so damaged as to make the Property fit for occupation and use and the Common Parts accessible and usable. Subject to the provisions of paragraph 3 of Schedule 6 if for any reason the repair, rebuilding or reinstatement of the Building shall be impossible following damage or destruction by any of the Insured Risks: the Landlord's obligation to reinstate the Building contained set out in paragraph 2 of Schedule 6 shall be deemed to have been discharged; the Landlord shall hold all proceeds of the insurance policy of the Building on trust for the LandlordSection 11.02(a), and the Tenant, and the Flat Tenants in proportion Landlord does not elect to their respective interests in the Building at the time of the damage or destruction, as agreed in writing between the Landlord, and the Tenant and the Flat Tenants or failing agreement as determined pursuant to clause 9.3; and the Landlord shall pay such sums due to the Tenant and the Flat Tenants within three months of agreement or on determination pursuant to clause 9.3. Any dispute arising regarding terminate this clause 9 shall be finally determined by arbitration Lease in accordance with the provisions rights hereinbefore granted, the Landlord shall, following such destruction or damage, commence diligently to reconstruct, rebuild or repair, the Building, but only to the extent of the Arbitration Xxx 0000. The tribunal shall consist Landlord's responsibilities pursuant to the terms of one arbitrator appointed by the President various leases for the time being premises in the building and exclusive of any Tenant's responsibilities set out therein. If the Landlord elects to repair, reconstruct or rebuild the building or any part hereof, the Landlord may use plans and specifications and working drawings other than those used in the original construction of the Royal Institution of Chartered Surveyors. Set-off The Rent, Insurance Rent, Service Charge and all other amounts due under this lease shall be paid by the Tenant in full without building or any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law)part thereof.