Destruction of Demised Premises. A. If the Demised Premises shall be destroyed or so injured by any cause as to be unfit, in whole or in part, for occupancy and such destruction or injury could be substantially repaired within two (2) months from the happening of such destruction or injury, then Lessee shall not be entitled to surrender possession of the Demised Premises nor shall Lessee's liability to pay rent under this Lease cease without the mutual consent of the parties hereto; but in case of any such destruction or injury Lessor shall repair the same with all reasonable speed and shall substantially complete such repairs within two (2) months from the happening of such destruction or injury, and if during such period Lessee shall be unable to use all or any portion of the Demised Premises, a proportionate allowance shall be made to Lessee from the rent corresponding to the time during which and to the portion of the Demised Premises of which Lessee shall be so deprived of the use on account thereof.
B. If such destruction or injury cannot be substantially repaired within two (2) months from the happening thereof, Lessor shall notify Lessee within thirty (30) days after receiving notice of the happening of such destruction or injury whether or not Lessor will repair or rebuild. If Lessor elects not to repair or rebuild, this Lease shall terminate. If Lessor shall elect to repair or rebuild, Lessor shall specify the time within which such repairs or reconstruction will be completed, and Lessee shall have the option, within thirty (30) days after the receipt of such notice, to elect either to terminate this Lease, and subject to Paragraph C hereof, to be released from further liability hereunder or to extend the term of the Lease by a period of time equivalent to the time from the happening of such destruction or injury until the Demised Premises are, to the extent reasonably possible, restored to their former condition. In the event Lessee elects to extend the term of this Lease, Lessor shall restore the Demised
Destruction of Demised Premises a. If the improvements or Demised Premises are damaged or destroyed by fire or other casualty, or are damaged by the elements, an act of God or other cause, but not so as to render the Demised Premises or improvements thereon substantially un-tenantable, Landlord shall proceed with reasonable diligence, at its own cost and expense unless resulting from the negligence or misuse by Tenant or Tenant’s guest or invitees, to repair and restore the Demised Premises to their former condition, and provided the Tenant may remain in possession of the Demised Premises during such repair work, rent under this Lease shall continue to accrue and be paid by Tenant.
b. If the improvements or Demised Premises are damaged or destroyed by fire or casualty, or are injured by the elements, an act of God, or other cause, to the extent that the Demised Premises are substantially un- tenantable, Tenant or Landlord may terminate this Lease upon 14 days written notice in accordance with the notice provisions hereof; provided, however, Tenant may immediately vacate the Demised Premises in the event of such damage or casualty. If the Lease is terminated under this subsection, Landlord shall return to Tenant the unused portion of all prepaid rent. Accounting for rent in the event of termination and apportionment hereunder shall be made as of the date Tenant leaves fully vacates the Demised Premise.
Destruction of Demised Premises. 47 6.4 Cesser of rent ............................................47 6.5 Option to determine .......................................48 6.6 Tenant not to vitiate insurance etc .......................48 6.7
Destruction of Demised Premises. If the Demised Premises or any part thereof are destroyed or damaged by any of the Insured Risks then:
6.3.1 unless payment of the insurance monies shall be refused in whole or in any part by reason of any act or default of the Tenant or any undertenant or any person under its or their control (save where the Tenant has paid to the Landlord any shortfall); and
6.3.2 subject to the Landlord being able to obtain any necessary planning permission and all other necessary licences, approvals and consents in respect of which the Landlord shall use all reasonable endeavours to obtain (but shall not be obliged to institute any appeal); and
Destruction of Demised Premises. If the Building or the Demised Premises are totally destroyed and so badly damaged by fire, storm and explosion or other casualty that the same are rendered unusable for the purposes hereby leased, the Lessor shall have the option of terminating this lease or rebuilding same. If any such event shall occur, Lessee shall immediately give written notice thereof to Lessor. Within ninety (90> days after such casualty, Lessor shall notify Lessee in writing of Lessor’s decision. In the event Lessor elects not to rebuild the same, then this lease shall be considered terminated as of the date of the casualty, and Lessor shall return any unearned rent paid in advance. If it is Lessor’s decision to rebuild, the Lessor shall begin the work of rebuilding within ninety (90) days following the date of such notice to Lessee, pursuing the work and completing the construction with all reasonable dispatch and delivering the used Premises to Lessee in substantially the same form as at the ginning of the term hereof. In such event, this lease shall continue in effect for the full term herein. If the improvements the Demised Premises are partially destroyed by fire, storm, explosion or other casualty, then the Demised Premises shall be stored by Lessor to their previous condition and made safe. If such casualty makes the Demised Premises or some part thereof temporarily unusable, the rental thereof shall xxxxx in full or operationally, as the case may be, during the period in which the used Premises are not usable by Lessee.
Destruction of Demised Premises. In the event the demised premises are destroyed, damaged or injured by fire or other casualty insurable under standard fire and extended coverage insurance during the term of this Lease then Landlord shall repair the demised premises, restoring them as nearly as practicable to their condition before the occurrence of the casualty. However, if the Landlord notifies Tenant in writing that the demised premises cannot reasonably be restored within one hundred twenty (120) days after the notice of occurrence of the casualty either party may terminate this Lease by written notice to the other. If the demised premises themselves are not damaged by fire or other casualty, but the building is so damaged that Landlord shall determine not to rebuild, then Landlord may terminate this Lease by written notice to Tenant. In the event of termination under this paragraph, the rent shall be payable only to the date of the fire or casualty and all obligations and liabilities of Landlord and Tenant under this Lease shall thereupon terminate and Landlord shall refund to Tenant any unearned rent paid in advance.
Destruction of Demised Premises. If any portion of the property/building in which an Office/Warehouse Location is located is damaged by fire, the elements, accident or other casualty ("Casualty") and such Office/Warehouse Location is rendered untenable in whole or in part and such damage is not repairable or not repaired (including safe access to the Office/Warehouse Location) within one hundred eighty (180) days after the date of the Casualty, regardless of the reason for the delay, both Landlord and Tenant shall have up to thirty (30) days from the date of the Casualty (or thirty (30) days after the determination that such Office/Warehouse Location is not repaired or repairable within such period, if later) to notify the other party that it is exercising its option to terminate this Lease as to that portion of Demised Premises consisting of the Office/Warehouse Location in question. If this Lease is so terminated, the rent and all other charges payable by the Tenant pursuant to this Lease shall be abated from the date of the Casualty. If the Lease is not so terminated, Landlord shall promptly at its expense cause such damage to be repaired (excluding Tenant's personal property, trade fixtures and equipment), with a proportionate abatement of rent as to the portion of the Office/Warehouse Location rendered untenable (with an abatement of the entire rent if there is no safe access to the Office/Warehouse Location), from the date of such casualty until such Office/Warehouse Location is again rendered tenantable and safe access is restored to the Office/Warehouse Location in question. If the Casualty results from a cause not covered by Landlord's insurance or if the proceeds of Landlord's insurance are insufficient to restore the subject Office/Warehouse Location to its condition prior to the Casualty and/or Landlord does not fully restore the Office/Warehouse Location to substantially the same condition as prior to the Casualty, Tenant shall have up to thirty (30) days from the date Tenant learns that Landlord will not restore said Office/Warehouse Location to notify the Landlord that it is exercising its option to terminate this Lease as to that portion of Demised Premises consisting of the Office/Warehouse Location in question. If this option is exercised, the rent payable by the Tenant pursuant to the Lease shall be abated from the date of the notice. This right to partially terminate this Lease shall be in addition to and not a substitution for, any other right provided in this Lease t...
Destruction of Demised Premises. Provided, always, that if the Demised Premises or any part thereof shall at any time during said term be destroyed or rendered inhabitable by fire or storm, then this Lease shall terminate with Lessor reserving the right to pursue any claims that it may have at law or equity against Lessee for any outstanding rents or breach of the covenants contained herein.
Destruction of Demised Premises. 8.01 In the event the demised premises shall be totally or partially destroyed by a risk covered by the insurance coverage required herein, Operator shall either restore the premises or terminate this Agreement. City shall make the loss adjustment with the insurance company insuring the loss and receive payment of the proceeds of insurance. If the destruction is from a risk for which insurance coverage is not required or provided under said policy of insurance, City shall either restore the premises or terminate this Agreement. Said insurance proceeds, if any, shall be held for the benefit of Operator only in the event of an election by Operator to restore the premises and shall be disbursed in installments as construction progresses for payment of the costs of restoration upon satisfactory performance of the work required, as evidenced by certification of completion by the Director and release of mechanic’s liens by all persons furnishing labor and materials thereon. If the proceeds of insurance are insufficient to pay the actual costs of restoration, Operator shall deposit the amount of the deficiency with the City upon demand therefor by the Director or his designee, and said sums shall be held for payment of said costs and disbursed in the manner heretofore provided. Any undistributed funds shall be retained by City and credited over the remaining term of this Agreement.
8.02 If the premises are restored, this Agreement shall continue in full force and effect.
8.03 Operator shall cooperate in the restoration of the demised premises by vacating and removing therefrom all items of inventory, trade fixtures, equipment and furnishings for such periods as are required for the restoration thereof.
8.04 The aforesaid provisions for abatement and/or other relief shall also be applicable to a total or partial destruction of the demised premises by the aforementioned causes, except that the relief to be provided shall be based upon the extent the Director or his designed may determine that the reduction in the public’s use of the demised premises due to the partial or total closure thereof has affected the golf course operation.
8.05 Operator agrees to accept the remedy heretofore provided in the event of a destruction of the demised premises and hereby waives any and all additional rights and remedies for relief or compensation that are presently available or may hereafter be made available under the laws and statutes of this State.
Destruction of Demised Premises. In the event of any partial destruction of the Demised Premises during the term hereof, from any cause, Landlord shall forthwith repair the same, provided that such repairs can the made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this Lease, except that in the event such destruction was not caused by Tenant, Tenant shall be entitled to a proportionate reduction of rent white such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Tenant on the Demised Premises. If such repairs cannot be made within said sixty (60) days, Landlord may make the same within a reasonable time, this Lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Landlord shall not elect to make such repairs, this Lease may be terminated at the option of either party. In the event that the building in which the Demised Premises may be situated is destroyed to an extent of not less than one-third of the replacement costs thereof, Landlord may choose to terminate this Lease whether the Demised Premises be injured or not. A total destruction of the building in which the Demised Premises may be situated will terminate this Lease.
