Destruction of Leased Premises. In the event of damage or destruction of the Leased Premises by fire or any other casualty, this Lease shall not be terminated, but the Leased Premises shall be promptly and fully repaired and restored as the case may be by the Board to the extent of the Board’s insurance proceeds, provided such repair and or restoration returns the Leased Premises to substantially the same condition prior to such damage or destruction. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of insurance claims, and for such other delays as may result from government restrictions, and controls on construction, if any, and for strikes, national emergencies and other conditions beyond the control of the Board. It is agreed that in the event of damage or destruction, this Lease shall continue in full force and effect, except for abatement of rent as provided herein. If the condition is such as to make the entire Leased Premises untenantable, then the rent which the County is obligated to pay hereunder shall xxxxx as of the date of the occurrence until the Leased Premises have been fully restored by the Board. Any unpaid or prepaid rent for the month in which said condition occurs shall be prorated and credited or paid to the appropriate Party. If the Leased Premises are partially damaged or destroyed, then during the period that the County is deprived of the use of the damaged portion of said Leased Premises, the County shall only be required to pay rent prorated to reflect that portion of the Leased Premises which continues to be tenantable and appropriate for the County’s use of the Leased Premises. The Board will proceed at its expense to the extent of its insurance proceeds, and as expeditiously as may be practicable to repair the damage. Notwithstanding any of the foregoing, the Board shall not be required to expend any funds, other than insurance proceeds, to repair the Leased Premises which have been damaged by casualty. In the event that the Board elects not to repair the damage because of a lack of insurance proceeds, or because the damages are so extensive to make repair economically unfeasible, in which event and at the Board’s sole option, the Board may terminate this Lease forthwith, by giving the County a written notice of its intention to terminate within sixty (60) days after the date of the casualty. No compensation, or claim, or diminution of rent other than as described above will be allowed or paid, by the Board, b...
Destruction of Leased Premises. Should the Leased Premises be destroyed or damaged by fire or other casualty insured against by the Landlord, then:
10.1.1 if the Landlord is of the opinion that the damage or destruction is such that the Leased Premises are rendered wholly unfit for occupancy, or it is impossible or hazardous to use and occupy them, and if in either event the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage or destruction) that the damage cannot be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage or destruction, either party may, within five (5) days following the receipt of this notice, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day of the damage or destruction, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated and paid in full up to the date of the damage or destruction. In the event that neither the Landlord nor the Tenant terminates this Lease, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises;
10.1.2 if the damage be such as to render the Leased Premises wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, in either case, the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises;
10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part of the Leased Premises rendered unfit for occupancy bears to the whole of the Leased Premises, unt...
Destruction of Leased Premises. Section 12.01: In the event the Leased Premises shall be damaged or destroyed by fire or other casualty covered by the insurance which Lessor is required to carry or in fact carries pursuant to Section 11.03 (a), so as to become partially or totally untenantable, the damage to the Leased Premises shall be promptly repaired by Lessor, to the extent of the proceeds received from such insurance and made available for such restoration, unless Lessor shall elect not to rebuild as provided in Section 12.02, and the Annual Rental as defined in Section 3 shall abatx xx proportion to the amount of the Leased Premises rendered untenantable until so repaired; provided, however that Lessor's obligation for restoration shall be limited to those items which Lessor is required to insure as provided in Section 11.03 (a). Lessor shall reconstruct the Leased Premises in accordance with the initial plans and alterations thereafter approved by Lessor as provided in this Lease. In no event shall Lessor be required to repair or replace Lessee's merchandise, trade fixtures, furnishings or equipment. If Lessor is required, or elects, to repair or rebuild the Leased Premises as herein provided, then Lessee shall promptly repair or replace its merchandise, trade fixtures, furnishings and equipment to at least a condition equal to that prior to such damage or destruction, and re-open in the Leased Premises.
Section 12.02: If at any time during the term of this Lease more than twenty percent (20%) of the square foot floor area of the Leased Premises shall be damaged by fire or other casualty, so as to become untenantable, the Lessor may terminate this Lease upon written notice given to Lessee within ninety (90) days after the occurrence of such damage or destruction. If at any time during the term of this Lease more than twenty percent (20%) of the square foot floor area of the building in which the Leased Premises are located, or more than twenty percent (20%) of the total buildings of the development shall be damaged by fire or other casualty, then Lessor may terminate this Lease upon written notice given to Lessee within ninety (90) days after the occurrence of such damage or destruction.
Destruction of Leased Premises. If the building, which includes the Leased Premises, is damaged or partially destroyed by fire or other casualty to the extent of less than one-quarter (1/4) of the then cost of replacement thereof above foundation, the same shall be repaired as quickly as is practicable, by Landlord. If the building which includes the Leased Premises is so destroyed or damaged to the extent of one-quarter (1/4) or more of the then replacement cost thereof, then Landlord may elect not to repair or rebuild by giving notice in writing terminating this Lease, in which event this Lease shall be terminated as of the date of such notice.
Destruction of Leased Premises. Should the Leased Premises be destroyed or damaged, the Lessor shall state its intention to the Lessee by way of written notice transmitted to the Lessee within thirty ( 30 ) days of the loss, to the effect that the Leased Premises are:
8.1.1 wholly uninhabitable or that their use is dangerous and cannot be reasonably repaired within one hundred and eighty ( 180 ) days following the loss, in which case either party may resiliate the Lease with retroactive effect to the date of the loss; if such notice is not given within five ( 5 ) days following the notice provided for in Article 11.1, the Rent shall xxxxx from the date of the loss until the Leased Premises are repaired and are ready to be occupied by the Lessee.
8.1.2 wholly uninhabitable or that their use is dangerous but are reasonably reparable within one hundred and eighty ( 180 ) days following the loss, as the case may be, the payment of Rent shall xxxxx from the date of the loss until such time that the Leased Premises are repaired and are ready to be occupied by the Lessee;
8.1.3 reasonably reparable within one hundred and eighty ( 180 ) days following the loss and are partly usable in the interim; as the case may be, payment of Rent shall xxxxx, with respect to the unusable area, from the date of the loss until such time that the damages have been substantially repaired.
Destruction of Leased Premises. 23 Section 9.1.
Destruction of Leased Premises. Tenant shall notify Landlord as soon as possible of any damage at the Leased Premises. Tenant shall notify Landlord immediately of any condition in or about the Leased Premises which threatens (a) the Leased Premises or (b) the property or safety of Tenant, Landlord or others. Tenant shall pay Landlord for all damages to Leased Premises caused in whole or in part by the negligence of Tenant or Tenant’s occupant, family, or any of their guests.
Destruction of Leased Premises. In the event improvements on the LEASED PREMISES are partially damaged by any casualty which is covered under an insurance policy required to be maintained pursuant to the provisions of this lease, then LANDLORD shall repair such damage as soon as reasonably possible from insurance proceeds, in which event this lease shall continue in full force and effect. TENANT shall have no claim against LANDLORD for any damage suffered by reason of such damage, destruction, repair or restoration and there shall be an abatement of rent only for the time period and for the actual space rendered unusable during such repairs. If the LEASED PREMISES are totally destroyed during the term of this lease from any cause whether or not covered by insurance, this lease may automatically terminate as of the date of such total destruction, at the option of the LANDLORD or the TENANT.
Destruction of Leased Premises. In the event of a partial destruction of the building in which the Leased Premises are contained, during the term, Landlord shall make any repairs that can be made under existing governmental regulations within one hundred twenty (120) days of such destruction, but such partial destruction shall not terminate this Lease, except that Tenant shall be entitled to a proportionate reduction of rent while repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Tenant on the Leased Premises. If repairs cannot be made within one hundred twenty (120) days, this Lease may be terminated, at the option of either party, by delivering written notice.
Destruction of Leased Premises. In the event the Leased Premises are ------------------------------ damaged or destroyed by any hazard not covered by insurance and Landlord exercises its option to cancel the Lease, rent shall be reduced pro-rata in proportion to the decrease in usefulness of the Leased Premises from the date of the damage to the date of termination of the Lease. Subparagraph (b) of Paragraph 15(A) shall be deleted in its entirety.
