Common use of Destruction of Demised Premises Clause in Contracts

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. 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 TenantXxxxxx’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 TenantXxxxxx. 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. a. If the improvements or Demised Premises are damaged or destroyed by fire or other casualty, casualty not resulting from the wrongful or are damaged by the elements, an negligent act of God Tenant, either Landlord or other causeTenant may, but by written notice given not so as later than thirty (30) days after the date of such destruction, terminate this lease, in which event rent paid for the period beyond the date of destruction shall be refunded to render the Demised Premises or improvements thereon substantially un-tenantableTenant. If there is not total destruction and Landlord elects to repair, Landlord shall commence repair within thirty (30) days of the date of damage and shall proceed with reasonable diligencediligence to restore the Premises to substantially the same condition as existed prior to the damage. If Tenant reasonably is required to close its operations during repairs, rent shall xxxxx while so closed, but if Tenant is able to continue its operations during repairs, rent shall be adjusted and prorated in the proportion which the area of unusable leased space bears to the total Premises, provided that Landlord shall not in such cases have any liability for losses claimed by Tenant. However, if the damages are such that Landlord concludes that restoration cannot be completed within one hundred fifty (150) days, Landlord may 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 option terminate this Lease shall continue to accrue and be paid by Tenant. b. lease. If the improvements or Demised Premises are damaged by cause due to fault or destroyed by fire or casualtyneglect of Tenant, its agents, employees, invitees, or are injured licensees, Landlord may repair such damage without prejudice to subrogation rights of Landlord's insurer, and there shall be no apportionment or abatement of rent. Landlord shall have no liability to repair, restore or rebuild any of Tenant's property damaged 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.