DESTRUCTION OF OR DAMAGE TO PREMISES. If the whole or any part of the Premises shall be damaged or destroyed by any casualty, then the base rental payable by Tenant to Landlord hereunder shall be equitably abated or adjusted, as the case may be, in light of the impairment to that portion of the Premises of which Tenant is deprived on account of such damage or destruction or the work of repair, restoration, replacement or rebuilding. In the event of any damage to any portion of the Premises, except with respect to those structural components of the roof, foundation and exterior walls of the Improvements for which Landlord is responsible pursuant to Paragraph 9 of Exhibit B attached hereto, Tenant shall immediately repair, restore, replace or rebuild the Premises to substantially the condition in which the Premises were immediately before such damage or destruction, in accordance with the specifications reasonably approved by Landlord. Tenant shall diligently execute such repair, restoration, replacement or rebuilding without delay or interruption. Without limiting that obligation of Tenant, Landlord shall make available to Tenant any proceeds that Landlord actually has received from the property insurance policy described in Paragraph 21 below in connection with such damage or destruction; provided, however, Landlord shall not be obligated to pay to Tenant more than the total cost of such repairs and restoration (as evidenced by paid invoices delivered to Landlord). All such repairs and restoration shall be performed by contractors reasonably approved by Landlord and shall be performed in a good, workmanlike and lien-free manner in accordance with plans and specifications approved by Landlord. Landlord shall be entitled to require performance bonds or other similar protections to protect Landlord’s interest in the Premises from becoming subject to any mechanics or materialmen liens. Notwithstanding anything to the contrary contained herein, if that damage or destruction occurs during the last three (3) years of the Term and the estimated cost to repair exceeds twenty-five percent (25 per cent) of the full replacement cost of the Premises, or damage to the Premises renders the Premises unusable for Tenant’s purposes, either Landlord or Tenant may elect to terminate this Lease by written notice served on the other party within sixty (60) days after the occurrence of such damage or destruction. On such termination, base rental, Taxes (as hereinafter defined) and any other sums payable by Tenant to...
DESTRUCTION OF OR DAMAGE TO PREMISES. If the Premises are totally destroyed by storm, fire, lightning, earthquake or other casualty, Landlord shall have the right to terminate this Lease on written notice to Tenant within thirty (30) days after such destruction and this Lease shall terminate as of the date of such destruction and rental shall be accounted for as between Landlord and Tenant as of that date.
DESTRUCTION OF OR DAMAGE TO PREMISES. If the Premises are totally destroyed by storm, fire, lightning, earthquake, or other casualty, this Lease shall terminate as of the date of such destruction, and rental shall be accounted for as between Landlord and Tenant as of that date. If the Premises are damaged but no wholly destroyed by any such casualties, rental shall xxxxx in such proportion as use of the Premises has been destroyed, and Landlord shall restore the Premises to substantially the same condition as before damage as speedily as practicable, whereupon full rental shall recommence.
DESTRUCTION OF OR DAMAGE TO PREMISES. 11.1 If the Unit is destroyed or damaged to an extent which prevents the Tenant from having substantial beneficial occupation of the Unit, the Landlord shall reinstate the Unit (and if necessary, the Building) at its cost as quickly as possible in the circumstances. If it is not possible for the Landlord to reinstate the Unit within 2 (two) months of such damage or destruction, the Tenant shall be entitled to cancel this Agreement by giving written notice to the Landlord to that effect.
11.2 The Tenant shall not be liable for any Rental Amount for so long as he is deprived of beneficial occupation of the Unit but shall make payment of the rental due on a pro rata basis from time to time should he be given beneficial occupation of any part.
11.3 The Tenant shall have no claim against the Landlord as a result of the destruction or damage.
DESTRUCTION OF OR DAMAGE TO PREMISES. In the event the demised Premises, either prior to the commencement date of this Rental Agreement or during the term thereof shall be so damaged, by any cause whatever, as to be rendered unfit for occupancy by Tenant, and the Premises shall not thereafter be repaired by Landlord at its expense with reasonable promptness and dispatch, then this Rental Agreement may be immediately canceled and terminated at the option of Tenant by giving Landlord notice thereof, and rent (if any) shall be payable only to the date of such damage. Shall the Premises, either prior to the commencement date of this Rental Agreement or during the term thereof, be partially destroyed, by any cause whatever, but not rendered unfit for occupancy by Tenant, then Landlord agrees that the Premises, at Landlord's expense and with reasonable promptness and dispatch, shall be repaired and restored to substantially the same condition as before the damage. In the event of a partial destruction of the Premises there shall be a fair abatement in the rent payable during the time such repairs or rebuilding are being made. Such proportionate deduction of rent to be based upon the extent to which the making of such repairs or rebuilding shall interfere with the business carried on by Tenant in the Premises. Full rental shall again commence after completion of the repairs and restoration of the Premises by Landlord. In connection with the foregoing, it is agreed by the parties hereto that Tenant, after making a reasonable assessment of damages, shall make the decision as to whether or not the Premises are fit or unfit for occupancy by Tenant.
DESTRUCTION OF OR DAMAGE TO PREMISES. (6.4 SA)
DESTRUCTION OF OR DAMAGE TO PREMISES. If the Premises are totally destroyed by storm, fire, lightning, earthquake or other casualty, this Lease shall terminate as of the date of such destruction, and rental shall be accounted for as between Lessor and Lessee as of that date. If the Premises are damaged, but not wholly destroyed by any of such casualties, rental shall xxxxx in such proportion as use of the Premises has been destroyed, and Lessor shall restore the Premises to substantially the same condition as before damage as speedily as practicable, whereupon full rental shall recommence; provided, however, that if the damage shall be so extensive that the same cannot be reasonably repaired and restored within three (3) months from date of the casualty, then either Lessor or Lessee may terminate this Lease by giving written notice to the other party within thirty (30) days from the date of such casualty. In the event of such termination, rental shall be apportioned and paid up to the date of such casualty.
DESTRUCTION OF OR DAMAGE TO PREMISES. If the Premises are substantially destroyed or rendered substantially untenantable by storm, fire, earthquake or other natural catastrophe, this Agreement shall terminate as of the date of such substantial destruction or untenantability, with no obligation of Landlord to rebuild or provide other premises for Tenant, and the rental and other obligations accrued by or to the parties to this Agreement shall be accounted for between Landlord and Tenant as of the date when the Premises were substantially destroyed or became substantially untenantable; provided, however, that Landlord may require Tenant to occupy other premises as a condition of employment. For purposes of this paragraph, “substantially destroyed or rendered substantially untenantable” means at least fifty percent (50%) of the Premises destroyed or rendered untenantable.
DESTRUCTION OF OR DAMAGE TO PREMISES. If because of fire, the elements, or Act of God, the Premises or the Building is either destroyed or damaged so as to render the Premises wholly unfit for occupancy, or if, in the judgment of Landlord, the damage resulting cannot be repaired within sixty (60) days from such damage, then at the option of Landlord to be exercised by giving written notice to Tenant within sixty (60) days following the date of such damage, this Lease shall terminate on the date of such election, and Tenant shall immediately surrender the Premises to Landlord. In such event, and regardless of whether Landlord elects to terminate this Lease, Tenant shall continue to owe and pay Total Rent up to but not beyond the time of such surrender, but Total Rent shall xxxxx in proportion to the number of square feet of rentable area of the Premises rendered unusable by such damage. Under no circumstances shall Landlord be liable to Tenant for inconvenience, annoyance, loss of profits, expenses, or any other type of injury or damage resulting from the repair of any such damage, or from any repair, modification, arranging, or rearranging of any portion of the Premises or any part or all of the Building or for termination of this Lease as provided above. Tenant assumes the risks of any and all damage to its personal property in or on the Premises and from any casualty whatsoever.
DESTRUCTION OF OR DAMAGE TO PREMISES. (a) Tenant covenants that in case of damage to or destruction of any or all of the buildings, structures and improvements (collectively, the "Improvements") upon the Premises by fire or any other cause, insured or uninsured, Tenant will promptly, at its sole cost and expense, restore, repair, replace or rebuild the Improvements so damaged or destroyed as nearly as practicable to the condition, quality and class thereof immediately prior to such damage or destruction, or with such changes or alterations as Tenant shall elect to make in conformity with Paragraph 23 of this Lease. This Lease shall continue, with Fixed Rent and Additional Rent unabated. In performing its obligations under this Paragraph 10, Tenant shall be entitled to insurance proceeds under the terms and conditions set forth in Paragraph 11 hereof. Landlord shall have the right to approve the plans and specifications for the work of repair, replacement or rebuilding, such approval not to be unreasonably withheld or delayed. Tenant shall diligently obtain all necessary permits for such work or repair and shall maintain builder risk insurance in amounts reasonably satisfactory to Landlord until completion of such work. Such restoration, repairs, replacement or rebuilding shall be commenced promptly and prosecuted with diligence, subject to unavoidable delays and force majeure.
(b) If all or substantially all of the Premises are destroyed as a result of fire or other casualty, then the provisions of Paragraph 14 shall apply.
