Common use of Destruction of Building Clause in Contracts

Destruction of Building. (a) Notwithstanding any other provision of this Lease, if all or any portion of the Building shall be damaged or destroyed, to the extent that the estimated costs of repairing, restoring or rebuilding it shall, by the Architect’s estimate, exceed by 10% or more the proceeds of insurance available to the Landlord for the purpose of repair, restoration or rebuilding, then the Landlord may, by notice to the Tenant given within 30 days of such damage or destruction, terminate this Lease, in which event neither the Landlord nor Tenant shall be bound to repair and the Tenant shall surrender the Premises to the Landlord within 30 days after delivery of its notice of termination and Rent shall be apportioned and paid to the date on which the Tenant delivers vacant possession of the Premises, subject to any abatement to which the Tenant may be entitled pursuant to Section 9.2. (b) If the Landlord is entitled to, but does not elect to terminate this Lease, the Landlord shall, following such damage or destruction, diligently repair if necessary that part of the Building damaged or destroyed (exclusive of any responsibilities of the Tenant with respect to such repair). If the Landlord elects to repair the Building, the Landlord may do so in accordance with plans and specifications other than those used in the original construction of the Building provided it shall carry out all of the Landlord’s Work; however, any such construction shall be suitable for the Tenant’s use, shall comprise an area not less than the original construction and shall be of a quality equal to but not less than the original construction.

Appears in 1 contract

Samples: Lease Agreement (Fusion Pharmaceuticals Inc.)

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Destruction of Building. (a) Notwithstanding any other provision of this Lease, if all if: (i) 20% or any portion more of the Rentable Area of the Building shall be is destroyed or damaged by any cause; or (ii) portions of the Building or Lands which affect access or services essential thereto are damaged or destroyeddestroyed and, to in the extent that reasonable opinion of the estimated costs Landlord, cannot reasonably be repaired within 180 days after the occurrence of repairing, restoring the damage or rebuilding it shall, by the Architect’s estimate, exceed by 10% or more the proceeds of insurance available to the Landlord for the purpose of repair, restoration or rebuilding, destruction; then the Landlord may, by notice to the Tenant given within 30 thirty (30) days of such damage or destruction, terminate this Lease, in which event neither the Landlord nor Tenant shall be bound to repair and the Tenant shall surrender the Premises to the Landlord within 30 thirty (30) days after delivery of its notice of termination and Rent shall be apportioned and paid to the date on which the Tenant delivers vacant possession of the Premises, subject to any abatement to which the Tenant may be entitled pursuant to under Section 9.29.2 of this Lease. (b) If the Landlord is entitled to, but does not elect to terminate this Lease, Lease pursuant to Section 9.4(a) the Landlord shall, following such damage or destruction, destruction diligently repair if necessary that part of the Building damaged or destroyed (destroyed, but only to the extent of the Landlord's obligations under the terms of the various leases for premises in the Building and exclusive of any Tenant's responsibilities of the Tenant with respect to such repair). If the Landlord elects to repair the Building, the Landlord may do so in accordance with plans and specifications other than those used in the original construction of the Building provided it shall carry out all of the Landlord’s Work; however, any such construction shall be suitable for the Tenant’s use, shall comprise an area not less than the original construction and shall be of a quality equal to but not less than the original constructionBuilding.

Appears in 1 contract

Samples: Lease Extension Agreement (Avesta Technologies Inc)

Destruction of Building. (a) Notwithstanding any other provision of this ----------------------- Lease, if all if: (a) 35% or more of the Total Rentable Space in the Building is destroyed or damaged by any portion cause; or (b) portions of the Building shall be which affect services essential thereto are damaged or destroyeddestroyed and, to in the extent that reasonable opinion of the estimated costs Landlord, cannot be reasonably repaired within one hundred and eighty (180) days after the occurrence of repairing, restoring the damage or rebuilding it shall, by the Architect’s estimate, exceed by 10% or more the proceeds of insurance available to the Landlord for the purpose of repair, restoration or rebuilding, destruction; then the Landlord may, by notice to the Tenant given within 30 thirty (30) days of such damage or destruction, terminate this Lease, in which event neither the Landlord nor the Tenant shall be bound to repair and the Tenant shall surrender the Leased Premises to the Landlord within 30 thirty (30) days after delivery of its notice of termination and minimum Rent and Additional Rent shall be apportioned and paid to the date on which the Tenant delivers vacant possession of the Leased Premises, subject to any abatement to which the Tenant may be entitled pursuant to under Section 9.2. (b) If 14.02 and provided that if the Landlord is entitled to, but does not so elect to terminate this Lease, the Landlord shall, following such damage or destruction, shall proceed to diligently repair if necessary that part Part of the Building damaged or destroyed (destroyed, but only to the extent of the Landlord's obligations under Section 6.04 and exclusive of any Tenant's responsibilities of the Tenant with respect to such repair). If the Landlord elects to repair the Building, the Landlord may do so in accordance with plans and specifications other than those used in the original construction of the Building provided it shall carry out all of the Landlord’s Work; however, any such construction shall be suitable for the Tenant’s use, shall comprise an area not less than the original construction and shall be of a quality equal to but not less than the original construction.Building-

Appears in 1 contract

Samples: Lease Agreement (Argosy Education Group Inc)

Destruction of Building. (a) Notwithstanding any other provision of this Lease, if all or any portion of the Building shall be damaged or destroyed, to the extent that the estimated costs of repairing, restoring or rebuilding it shall, by the Architect’s estimate, exceed by 10% or more the proceeds of insurance available to the Landlord for the purpose of repair, restoration or rebuilding, then the Landlord may, by notice to the Tenant given within 30 days of such damage or destruction, terminate this Lease, in which event neither the Landlord nor Tenant shall be bound to repair and the Tenant shall surrender the Premises to the Landlord within 30 days after delivery of its notice of termination and Rent shall be apportioned and paid to the date on which the Tenant delivers vacant possession of the Premises, subject to any abatement to which the Tenant may be entitled pursuant to Section 9.2. (b) If the Landlord is entitled to, but does not elect to terminate this Lease, the Landlord shall, following such damage or destruction, diligently repair if necessary that part of the Building damaged or destroyed (exclusive of any responsibilities of the Tenant with respect to such repair). If the Landlord elects to repair the Building, the Landlord may do so in accordance with plans and specifications other than those used in the original construction of the Building provided it shall carry out all of the Landlord’s WorkBuilding; however, any such construction shall be suitable for the Tenant’s use, shall comprise an area not less than the original construction and shall be of a quality equal to but not less than the original construction.

Appears in 1 contract

Samples: Lease Agreement (Fusion Pharmaceuticals Inc.)

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Destruction of Building. (a) Notwithstanding any other provision of this Lease, if all if: (a) 35% or more of the Total Rentable Space in the Building is destroyed or damaged by any portion cause; or (b) portions of the Building shall be which affect services essential thereto are damaged or destroyeddestroyed and, to in the extent that reasonable opinion of the estimated costs Landlord, cannot be reasonably repaired within one hundred and eighty (180) days after the occurrence of repairing, restoring the damage or rebuilding it shall, by the Architect’s estimate, exceed by 10% or more the proceeds of insurance available to the Landlord for the purpose of repair, restoration or rebuilding, destruction; then the Landlord may, by notice to the Tenant given within 30 thirty (30) days of such damage or destruction, terminate this Lease, in which event neither the Landlord nor the Tenant shall be bound to repair and the Tenant shall surrender the Leased Premises to the Landlord within 30 thirty (30) days after delivery of its notice of termination and Minimum Rent and Additional Rent shall be apportioned and paid to the date on which the Tenant delivers vacant possession of the Leased Premises, subject to any abatement to which the Tenant may be entitled pursuant to under Section 9.2. (b) If 14.2 and provided that if the Landlord is entitled to, but does not so elect to terminate this Lease, the Landlord shall, following such damage or destruction, shall proceed to diligently repair if necessary that part of the Building damaged or destroyed (destroyed, but only to the extent of the Landlord's obligations under Section 6.4 and exclusive of any Tenant's responsibilities of the Tenant with respect to such repair). If the Landlord elects to repair the Building, the Landlord may do so in accordance with plans and specifications other than those used in the original construction of the Building provided it shall carry out all of the Landlord’s Work; however, any such construction shall be suitable for the Tenant’s use, shall comprise an area not less than the original construction and shall be of a quality equal to but not less than the original constructionBuilding.

Appears in 1 contract

Samples: Lease Agreement (Gravity Spin Holdings Inc)

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