DESTRUCTION OF OR DAMAGE TO THE PREMISES. In the event the premises are partially or totally damaged or destroyed by fire or other cause, the following will apply:
DESTRUCTION OF OR DAMAGE TO THE 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 abate in such proportion as use of the Premises has been destroyed, xxx Xessor shall restore the Premises to substantially the same condition as before the damage as speedily as practicable, whereupon full rental shall recommence; provided further, however, that if the damage shall be so extensive the same cannot be reasonably repaired and restored within three (3) months time from the date of the casualty, then either Lessor or Lessee may cancel this Lease by giving written notice to the other party within thirty (30) days from the date of such casualty. And, in such event, rental shall be apportioned and paid up to the date of such casualty.
DESTRUCTION OF OR DAMAGE TO THE PREMISES. If the Premises should be damaged or destroyed by any insured peril whatsoever, all insurance proceeds shall be delivered to Tenant and Tenant shall proceed with reasonable diligence to rebuild and repair the Premises to substantially the condition in which it existed prior to such damage or destruction. If, however, the damage or destruction (a) shall be to greater than seventy-five percent (75%) of the value of the improvements upon the Premises; or (b) shall occur within the last two (2) years of the Term, then Tenant may terminate this Lease as of the date that such damage or destruction occurs by giving written notice to Landlord of such election to terminate within ninety (90) days after the date of such damage or destruction. If this Lease is terminated by Tenant, insurance proceeds with respect to the building, structure and fixtures shall be paid to Landlord. The rent payable under this Lease shall be abated beginning on the date of damage or destruction within the scope of this Paragraph 10 and shall resume upon recompletion to substantially the condition in which the Premises existed prior to such damage or destruction; provided, however, that the rental abatement shall be proportional to the extent to which the Premises are not useable (with greater weight given to Tenant's inability to use the improved portions of the Premises and its impact on revenues to Tenant) by Tenant and if the parties are unable to agree upon the appropriate rental abatement either party may demand Arbitration and Tenant shall pay Rent on the basis of the average of its estimate of the abated Rent and Landlord's estimate of the abated Rent, with any additional amount due to be paid within thirty (30) days after the arbitrator's determination and any excess to be either, at Tenant's option, credited against the next due installment(s) of Rent or paid by Landlord to Tenant within thirty (30) days of the arbitrator's decision.
DESTRUCTION OF OR DAMAGE TO THE PREMISES a. Tenant agrees not to destroy, damage, deface, or remove any property of the Leased Premises or Residential Community or permit any persons or animals to do so and assume all liability for damages other than ordinary wear and tear.
DESTRUCTION OF OR DAMAGE TO THE PREMISES. If the premises are totally destroyed or so substantially damaged as to be untenantable by storm, fire, earthquake, flooding or other casualty, this lease shall terminate as of the date of such destruction or damage, and rental shall be accounted for as between management and Tenant as of that date. If the leased premises should be damaged (but not rendered wholly untenantable) to the extent that management shall decide not to rebuild or repair, the term of this lease shall end and the rent be prorated up to the time of the damage.
DESTRUCTION OF OR DAMAGE TO THE PREMISES. If the Premises should be damaged or destroyed by any insured peril whatsoever during the Term, all insurance proceeds shall be delivered to Tenant and Tenant shall proceed with reasonable diligence to rebuild and repair the Premises to substantially the condition in which it existed prior to such damage or destruction.
DESTRUCTION OF OR DAMAGE TO THE PREMISES. If the Premises should be damaged or destroyed by any insured peril whatsoever, all insurance proceeds shall be used by Landlord to rebuild and repair the Premises to such condition as Landlord in its sole discretion shall determine is appropriate.
DESTRUCTION OF OR DAMAGE TO THE PREMISES. If the premises are totally destroyed by storm, fire, lightning, earthquake or any other such casualty, this Lease shall terminate as of the date of such destruction and rental shall be accounted for as between the Lessor and Lessee as of that date. If the premises are damaged but not wholly destroyed by such casualties, rental shall abatx xx
DESTRUCTION OF OR DAMAGE TO THE PREMISES. If, at any time after execution hereof, the Premises are destroyed or damaged by fire or the elements or by any other cause whatsoever, the Landlord, at its expense, will restore or rebuild them promptly as nearly as practicable to the condition existing just prior to such destruction or damage and under arrangements reasonably satisfactory to the Tenant, except as is otherwise provided in the following two sentences. The Landlord shall have no obligation to restore and rebuild the Premises if the Premises are totally or substantially destroyed by a cause or event (1) which was outside the control of Landlord, (2) which is outside the usual scope of coverage of a first class fire and casualty insurance policy with extended coverage, (3) which, in fact, is outside the scope of Landlord's fire and casualty insurance policy, and (4) which results in Landlord not otherwise being able to recover its losses as a result of such destruction of the Premises from some third party or parties. If the - 26 - 27 the occurrence of the destruction and/or damage. If the Landlord is unable to complete such restoration or repairs within 180 days because of strikes, lockouts, unavailability of materials or other conditions beyond the reasonable fault and control of the Landlord and of its contractors and agents, the time for completion will be extended by a period of time equal to the period that such condition existed, but it will not in any event be extended beyond a date which is 270 days after the occurrence of the destruction and/or damage.
DESTRUCTION OF OR DAMAGE TO THE 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 not wholly destroyed by any such casualties, rental shall abatx xx such proportion as use of the premises has been destroyed, and Landlord shall restore the premises to substantially the same condition as before such damage as speedily as practicable, whereupon full rental shall recommence.
