Common use of Destruction of Demised Premises Clause in Contracts

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.

Appears in 1 contract

Samples: Lease Agreement (Vemics, Inc.)

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Destruction of Demised Premises. If In the event that the Demised Premises or the Building or any part thereof shall, at any time during the Demised Premises are totally Term, be destroyed and so badly or damaged by fire, storm and explosion lightning, tempest, explosion, act of God or other casualty that the same are rendered unusable Queen's enemies, so as to render the Demised Premises unfit for the purposes of the Lessee, then the Rent hereby leasedreserved, or a proportionate part thereof, according to the nature and extent of the destruction or damage sustained, shall abate, such suspension in the case of destruction or damage xx xx until the Demised Premises have been rebuilt (including Leasehold Improvements) and made fit for the Lessee's repair or replacement of its trade fixtures and chattels; provided that either the Lessor or the Lessee shall have the option, in the event the Building or a substantial part thereof being substantially destroyed or damaged such that the Building or any part thereof cannot be repaired within one hundred eighty (180) days of the commencement of repair and rebuilding as determined by the Lessor's architect, acting reasonably, such determination to be made and communicated to each of the Lessor and the Lessee within sixty (60) days after such destruction or damage occurring, to terminate this Lease on giving to the other party within thirty (30) days after receipt of such architect's determination notice in writing of its intention to so terminate this Lease, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned to a date being sixty (60) days after such notice is given, and the Lessee shall on such latter date immediately deliver up vacant possession of the Demised Premises to the Lessor. If such option is not exercised, 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 diligently rebuild the same, then Demised Premises (including erecting and installing the Leasehold Improvements) to the extent of its obligations as described in 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, Lease (provided that the Lessor shall begin not be obligated to provide any loans, allowances or inducements to 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).

Appears in 1 contract

Samples: Lease (Crystal Decisions Inc)

Destruction of Demised Premises. If In the event that the Demised Premises or the Building or any part thereof shall, at any time during the Demised Premises are totally Term, be destroyed and so badly or damaged by fire, storm and explosion lightning, tempest, explosion, act of God or other casualty that the same are rendered unusable Queen's enemies, so as to render the Demised Premises unfit for the purposes of the Lessee, then the Rent hereby leasedreserved, or a proportionate part thereof, according to the nature and extent of the destruction or damage sustained, shall xxxxx, such suspension in the case of destruction or damage to be until the Demised Premises have been rebuilt and made fit for the Lessee's repair or replacement of its fixtures and improvements; provided that either the Lessor or the Lessee shall have the option, in the event the Building or a substantial part thereof being substantially destroyed or damaged such that the Building or any part thereof cannot be repaired within one hundred eighty (180) days of the commencement of repair and rebuilding as determined by the Lessor's architect, acting reasonably, such determination to be made and communicated to each of the Lessor and the Lessee within sixty (60) days after such destruction or damage occurring to terminate this Lease on giving to the other party within thirty (30) days after receipt of such architect's determination notice in writing of its intention to so terminate this Lease, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned to a date being sixty (60) days after such notice is given, and the Lessee shall on such latter date immediately deliver up vacant possession of the Demised Premises to the Lessor together with repayment of the Loan and all accrued interest. If such option is not exercised, 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 diligently rebuild the same, then Demised Premises to the extent of its obligations as described in 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, Lease (provided that the Lessor shall begin not be obligated to provide any loans, allowances or inducements to the work of rebuilding within ninety (90Lessee) days following and the date of such notice to Lessee, pursuing Lessee shall erect and install 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 LesseeLeasehold Improvements.

Appears in 1 contract

Samples: Seagate Software Information Management Group Holdings Inc

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Destruction of Demised Premises. If In the Building or event the Demised Premises are totally or any portion thereof should be destroyed and or so badly damaged by fire, storm and explosion windstorm, or other casualty that the same are rendered unusable casualty, either party may cancel this Lease Agreement 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 its convenience by giving sixty (60) days written notice thereof to Lessor. Within ninety (90> days the other at any time after such the occurrence of the fire, windstorm, or other casualty, Lessor shall notify Lessee in writing of Lessor’s decision. In the event Lessor elects not to rebuild the sameof cancellation under this Article, then this lease neither party shall be considered terminated responsible to the other party for any expense associated with the cancellation, and Tenant shall only be liable to Landlord for such rents as may be due as of the date of the such fire, windstorm, or other casualty, and Lessor shall return any unearned rent paid in advance. If it is Lessor’s decision neither party shall exercise the foregoing right of cancellation, Landlord shall cause the building and Demised Premises to rebuild, the Lessor shall begin the work of rebuilding be repaired and placed in good condition within ninety one hundred twenty (90120) days following the date of such notice to Lesseecasualty, 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 time being of the term hereof. In such event, this lease shall continue in effect for the full term hereinessence. If the improvements Demised Premises sustained damages such that repairs cannot be completed within one hundred twenty (120) days, Tenant shall be entitled to cancel this Lease Agreement by the giving of written notice to Landlord at any time, notwithstanding the commencement of any repairs by Landlord. Tenant shall not be liable for rent during such period of time as the Demised Premises are partially destroyed be untenantable by reason of fire, storm, explosion windstorm or other casualty, then . In the event of partial destruction or damages to the Demised Premises shall be stored by Lessor to their previous condition and made safe. If such casualty makes which does not render the Demised Premises or some part thereof temporarily unusableuntenantable, the rental thereof rents shall xxxxx be proportionately abated in accordance with the extent to which Tenant is deprived of use, occupancy or full or operationallyenjoyment of the Demised Premises, unless Tenant exercises its right of cancellation as the case may be, during the period in which the used Premises are not usable by Lesseeset forth above.

Appears in 1 contract

Samples: Lease Agreement

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