Common use of Destruction of Leased Premises Clause in Contracts

Destruction of Leased Premises. (A) If the Leased Premises are damaged or destroyed by fire or other casualty covered by insurance, then (1) if totally destroyed or so that the Leased Premises are rendered unleaseable, this Lease shall terminate as of the date of such destruction and Tenant shall be liable for the rent only to the date of such destruction and awards for the Leased Premises shall belong to and be payable to Landlord; or (2) if only partially destroyed an still leaseable, Landlord shall, within a reasonable time, repair the Leased Premises with a reasonable reduction in rent from the date of such partial destruction until there be again premises substantially similar in value to Tenant as the Leased Premises partially destroyed. Landlord's obligation to repair or restore the Leased Premises are stated herein as conditioned upon (a) all insurance proceeds and award for the Leased Premises being paid to Landlord, which are sufficient to cover the cost of said repairs and restorations, and (b) there remaining at least twenty four (24) months in the then existing term of this Lease. If Landlord does not repair the Leased Premises because either conditions (a) or (b) are not met, Landlord shall notify Tenant and this Lease shall terminate as of the date of such partial destruction and Tenant shall be liable for rent only to the date of such partial destruction.

Destruction of Leased Premises. (A) If the Leased Premises are damaged or destroyed by fire or other casualty covered by insurance, then (1) if totally destroyed or so that the Leased Premises are rendered unleaseable, this Lease shall terminate as of the date of such destruction and Tenant shall be liable for the rent only to the date of such destruction and awards for the Leased Premises shall belong to and be payable to Landlord; or (2) if only partially destroyed an and still leaseableleasable, Landlord shall, within a reasonable time, repair the Leased Premises with a reasonable reduction in rent from the date of such partial destruction until there be again premises substantially similar in value to Tenant as the Leased Premises partially destroyed. Landlord's obligation to repair or restore the Leased Premises are stated herein as conditioned upon (a) all insurance proceeds and award for the Leased Premises being paid to Landlord, which are sufficient to cover the cost of said repairs and restorations, and (b) there remaining at least twenty four (24) months in the then existing term of this Lease. If Landlord does not repair the Leased Premises because either conditions (a) or (b) are not nor met, Landlord shall notify Tenant and this Lease shall terminate as of the date of such partial destruction and Tenant shall be liable for rent only to the date of such partial destruction.

Destruction of Leased Premises. (A) If the Leased Premises are damaged or destroyed by fire or other casualty covered by insurance, then (1) if totally destroyed or so that the Leased Premises are rendered unleaseable, this Lease shall terminate as of the date of such destruction and Tenant shall be liable for the rent only to the date of such destruction and awards for the Leased Premises shall belong to and be payable to Landlord; or (2) if only partially destroyed an and still leaseable, Landlord shall, within a reasonable time, repair the Leased Premises with a reasonable reduction in rent from the date of such partial destruction until there be again premises substantially similar in value to Tenant as the Leased Premises partially destroyed. Landlord's obligation to repair or restore the Leased Premises are stated herein as conditioned upon (a) all insurance proceeds and award for the Leased Premises being paid to Landlord, which are sufficient to cover the cost of said repairs and restorations, and (b) there remaining at least twenty four (24) months in the then existing term of this Lease. If Landlord does not repair the Leased Premises because either conditions (a) or (b) are not met, Landlord shall notify Tenant and this Lease shall terminate as of the date of such partial destruction and Tenant shall be liable for rent only to the date of such partial destruction.

Destruction of Leased Premises. (Aa) If the Building is at any time destroyed or damaged, (including smoke damage) as a result of fire, the elements, accident or other casualty required to be insured against by the Landlord pursuant to Section 9.05 hereof or otherwise insured against by the Landlord and not caused by the Tenant, and if as a result of such occurrence: (i) the Leased Premises are damaged rendered unable only in part, this Lease shall continue in full force and effect and the Landlord shall, subject to Section 11.02 (a) hereof, commence diligently to reconstruct, rebuild or destroyed by fire or other casualty covered by insurance, then (1) if totally destroyed or so repair the Leased Premises to the extent that the Leased Premises are put back in the same condition as they were upon completion of the Landlord's Work set out in Schedule "C", and only Rent shall xxxxx proportionately to the portion of the Leased Premises rendered unleaseable, this Lease shall terminate as of unable to be occupied from the date of such the destruction and Tenant shall be liable for the rent only or damage to the date of such destruction and awards for the Leased Premises shall belong have been restored. (ii) the Leased Premises are rendered wholly unable to and be payable to Landlord; or (2) if only partially destroyed an still leaseableoccupied, the Landlord shall, within a reasonable timesubject to Section 11.02 (a) hereof, commence diligently to reconstruct, rebuild or repair the Leased Premises with a reasonable reduction to the extent that the Leased Premises are put back in the same condition as they were upon completion of the Landlord's work as set out in Schedule "C", and only gross rent shall xxxxx entirely from the date of such partial the destruction until there be again premises substantially similar in value or damage to Tenant as the date the Leased Premises partially destroyed. Landlord's obligation to repair or restore the Leased Premises are stated herein as conditioned upon (a) all insurance proceeds and award for the Leased Premises being paid to Landlord, which are sufficient to cover the cost of said repairs and restorations, and (b) there remaining at least twenty four (24) months in the then existing term of this Lease. If Landlord does not repair the Leased Premises because either conditions (a) or (b) are not met, Landlord shall notify Tenant and this Lease shall terminate as of the date of such partial destruction and Tenant shall be liable for rent only to the date of such partial destructionhave been restored.

Destruction of Leased Premises. (A) If the Leased Premises are destroyed or damaged or destroyed by fire or other casualty covered by insuranceperils to such an extent that they cannot be repaired and restored within one hundred twenty (120) days, Landlord shall have the option to terminate this Lease; otherwise Landlord shall forthwith and with due diligence, immediately following receipt of proceeds of applicable insurance policy(ies), repair and restore said building and Premises to substantially their condition immediately prior to such damage or destruction. Xxxxxx's Minimum Rent and other charges during the period of such repair and restoration shall not xxxxx and Tenant shall promptly pay all amounts coming due hereunder If the damage or destruction referred to in the preceding paragraph amounts to at least 25% of the Premises and occurs during the last year of the term of this Lease, then (1) if totally destroyed or so that Landlord and Tenant shall each have the Leased Premises are rendered unleaseableoption, at the election of either of them, to terminate this Lease shall terminate effective as of the date of such destruction damage or destruction, and Tenant any unearned rents paid in advance shall be liable for refunded. If this Lease shall not be terminated as provided in this paragraph, the rent only to the date of such destruction and awards for the Leased Premises shall belong to be repaired and be payable to Landlord; restored as hereinabove provided. In the event Landlord is either obligated or (2) if only partially destroyed an still leaseable, Landlord shall, within a reasonable time, repair the Leased Premises with a reasonable reduction in rent from the date of such partial destruction until there be again premises substantially similar in value to Tenant as the Leased Premises partially destroyed. Landlord's obligation elects to repair or and restore the Leased Premises are stated herein as conditioned upon (a) all insurance proceeds building and award for the Leased Premises being paid to Landlord, which are sufficient to cover the cost of said repairs and restorations, and (b) there remaining at least twenty four (24) months in the then existing term of this Lease. If Landlord does not repair the Leased Premises because either conditions (a) or (b) are not metPremises, Landlord shall notify Tenant and this Lease shall terminate as of have the date of immediate right to enter the Premises for such partial destruction and Tenant shall be liable for rent only to the date of such partial destructionpurpose.

Destruction of Leased Premises. (A) If 10.01 Landlord agrees, subject to and excepting the other provisions of this Article, that if the Leased Premises are shall be damaged or destroyed by fire or other casualty covered during the term of this lease, Landlord shall, at Landlord's own expense, use best efforts to cause the damage to be promptly repaired within a reasonable time after such damage has occurred, which period shall not exceed six months. If by insurancereason of such occurrence, then (1) if totally destroyed or so that any portion of the Leased Premises are is thereby rendered unleaseable, this Lease shall terminate as of the date of such destruction untenantable for Tenant's business and Tenant ceases use of said portion (provided, that, Tenant shall not be liable required to remove any items of personal property from the damaged area unless required to do so for purposes of Landlord's repairs or replacement and the rent only to presence of Tenant's personal property in the date damaged portion of such destruction and awards for the Leased Premises shall belong not constitute "use" within the meaning of this Section), the rent and other charges payable by Tenant hereunder shall be abated in proportion to and be payable to Landlord; or (2) if only partially destroyed an still leaseable, Landlord shall, within a reasonable time, repair the area of the Leased Premises with a reasonable reduction in rent from which is rendered untenantable and which is not used by Tenant, said abatement to continue until the date sooner of such partial destruction until there be again premises substantially similar in value to Tenant as the time when the Leased Premises partially destroyedis repaired or until Tenant uses the damaged portion of the Leased Premises. Landlord's obligation to repair or restore under this Article shall be limited to the Leased Premises are stated herein as conditioned upon (a) all extent of insurance proceeds and award for made available by any mortgagee having control over the Leased Premises being paid to Landlord, which are sufficient to cover the cost of said repairs and restorations, and (b) there remaining at least twenty four (24) months in the then existing term of this Lease. If Landlord does not repair the Leased Premises because either conditions (a) or (b) are not met, Landlord shall notify Tenant and this Lease shall terminate as of the date disposition of such partial destruction and Tenant shall be liable for rent only to the date of such partial destructionproceeds.

Destruction of Leased Premises. (A) 6.1 If during the Term of this Lease, the Leased Premises are damaged or destroyed by fire fire, explosion, the elements, or other casualty covered by insurancecasualty, then (1) or if totally destroyed or so that the Leased Premises are rendered unleaseable, this Lease shall terminate partially destroyed so as of the date of such destruction and Tenant shall be liable for the rent only to the date of such destruction and awards for render the Leased Premises shall belong to and be payable to Landlord; wholly untenantable or (2) if only partially destroyed an still leaseableunfit for occupancy, Landlord shall, within a reasonable time, repair or should the Leased Premises with be so badly injured that they cannot be repaired within one hundred eighty (180) days from the date they sustained such injury, then either party may elect by sending a reasonable reduction in rent written notice to the other to cancel and nullify the term hereby created from the date of such partial destruction until there be again premises substantially similar in value to damage or destruction. Upon such notice, Tenant as shall immediately surrender the Leased Premises partially destroyed. Landlordand all of the Tenant's obligation interest therein to repair or restore the Leased Premises are stated herein as conditioned upon (a) all insurance proceeds and award for the Leased Premises being paid to Landlord, which are sufficient to cover the cost of said repairs and restorations, and (b) there remaining at least twenty four (24) months in the then existing term of this Lease. If Landlord does not repair the Leased Premises because either conditions (a) or (b) are not met, Landlord shall notify Tenant and this Lease shall terminate as of the date of such partial destruction and Tenant shall be liable for pay rent only to the date time of such partial destructionsurrender, upon which event the Landlord may re-enter and repossess the Premises and may remove all persons and property therefrom. Should the Leased Premises be rendered untenantable or unfit for occupancy, but yet be repairable within one hundred eighty (180) days from the occurrence of such injury, the Landlord may enter and repair the same with reasonable speed, and the rent shall not accrue after said injury or while the repairs are being made, but shall recommence after said repairs shall be completed. In the event, however, that the Leased Premises shall be so slightly injured as not to be rendered untenantable or unfit for occupancy, then the Landlord agrees to repair the same with reasonable promptness and in that case the rent accrued and accruing shall not cease or discontinue at any time. The Tenant shall immediately notify the Landlord in case of fire or other casualty to the Leased Premises.

Destruction of Leased Premises. (A) If the Leased Premises are damaged or destroyed by fire or other casualty covered by insurancecasualty, then (1) if totally destroyed or so that the Leased Premises are rendered unleaseable, this Lease shall terminate as of the date of such destruction and Tenant shall be liable for the rent only to the date of such destruction and awards for the Leased Premises shall belong to and be payable to Landlord; or (2) if only partially destroyed an still leaseableand at least ninety percent (90%) of the space is useable by Tenant, Landlord shall, within a reasonable time, repair the Leased Premises with a reasonable prorata reduction in rent from the date of such partial destruction until there the repairs are completed. Damage or destruction by fire or other casualty covered by insurance, which cannot be again premises substantially similar in value repaired or restored within 30 days of the date of such destruction, shall be deemed totally destroyed and the Lease shall be deemed to have terminated on the date of such destruction and Tenant as shall be liable for the rent only to the date of such destruction and awards for the Leased Premises partially destroyedshall belong to and be payable to Landlord. Landlord's obligation to repair or restore the Leased Premises are stated herein as conditioned upon (a) all insurance proceeds and award for the Leased Premises being paid to Landlord, which are sufficient to cover the cost of said repairs and restorations, and (b) there remaining at least twenty four (24) months in the then existing term of this Lease. If Landlord does not repair the Leased Premises because either conditions (a) or (b) are not met, Landlord shall notify Tenant and this Lease shall terminate as of the date of such partial destruction and Tenant shall be liable for rent only to the date of such partial destruction.. Notwithstanding the foregoing, if such damage is the result of the act or omission of the Tenant or Tenant’s employee, agent or invitee, and such damage is not covered by insurance, then Landlord at its option may repair or restore the Leased Premises, the cost of which shall be paid for by Tenant in installments or in whole upon notice thereof being given to Tenant by Landlord

Destruction of Leased Premises. (A) If the Leased Premises are damaged or partially destroyed by fire or other casualty covered by insuranceto the extent of less than 1/4 of the then cost of replacement thereof above foundation, then (1) if totally destroyed or so that the Lessor shall repair such damage as quickly as is practicable and such repair shall be completed not more than 90 days after the event. In such case, this Lease shall not be terminated, but the rent shall be abated proportionately for such portion of the Leased Premises as are not reasonably usable during the period in which repairs are being made. If the Leased Premises are rendered unleaseableso destroyed or damaged to the extent of 1/4 of more of the then replacement cost thereof, then Lessor may elect not to repair or rebuild by giving notice in writing terminating this Lease within 30 days after the event, in which case this Lease shall terminate be terminated as of the date of such notice. If such damage or partial destruction and Tenant renders 1/4 or more of the premises untenantable, all rent hereunder shall be liable for the rent only to the date of such destruction and awards for xxxxx until the Leased Premises shall belong to have been restored and be payable to Landlord; or (2) if only partially destroyed an still leaseable, Landlord shall, within a reasonable time, repair the Leased Premises with a reasonable reduction in rent from the date of such partial destruction until there be again premises substantially similar in value to Tenant as the Leased Premises partially destroyed. Landlord's obligation to repair or restore the Leased Premises are stated herein as conditioned upon (a) all insurance proceeds and award for the Leased Premises being paid to Landlord, which are sufficient to cover the cost of said repairs and restorations, and (b) there remaining at least twenty four (24) months in the then existing term of this Lease. If Landlord does not repair the Leased Premises because either conditions (a) or (b) are not met, Landlord shall notify Tenant and this Lease shall terminate rendered tenantable effective as of the date of such damage or partial destruction. If such damage or partial destruction renders the premises untenantable only in part, the rent shall xxxxx proportionately as to the portion of the premises rendered untenantable. If Lessor shall undertake to restore or repair the Leased Premises, it shall initiate and Tenant pursue the necessary work with all reasonable dispatch in a manner consistent with sound construction methods and in accordance with plans and specifications acceptable to Tenant. Notwithstanding the foregoing, if damage or destruction renders more than 1/4 of the premises untenantable, Lessee may, in its sole discretion, declare this Lease terminated, in which case Lessee’s obligations shall be liable for rent only to the date deemed terminated upon Lessee providing written notice of such partial destructiontermination of Lessor, as provided in Paragraph 27.