Common use of DESTRUCTION OF PREMISES Clause in Contracts

DESTRUCTION OF PREMISES. In the event of damage by an insurable casualty so as to render any portion of the Premises partly or wholly untenable, the same shall be restored or repaired by the Lessee to the extent that said loss is covered by insurance. Any and all monies paid to the Lessee or to the Lessor pursuant to the provisions of any policy of insurance covering buildings or structures on the leased Premises shall be used to repair, restore, or rebuild the Clubhouse or other Buildings or structures covered by said insurance. Such work or repair, restoration or rebuilding shall be done with all reasonable dispatch after the occasion therefor arises and there shall be no abatement of rent during the period the Lessee is making such repairs, restoration or is rebuilding. This section does not apply to any structures subsequently constructed by the Lessor on the Premises, except that in the event of damage or destruction involving such structures, if the same are to be rebuilt, the Lessor shall do so within a reasonable time after such damage or destruction or shall remove the same. In the event that the damage or destruction occurs within five (5) years from the end of the term of this Lease, or within five (5) years from the end of the term of the Lease as extended, the Lessee shall have the option of rebuilding or repairing under the terms of this Lease or terminating the Lease. In the event of termination, all proceeds received by the Lessee from insurance covering its interest in the Premises, except as the same may cover personal property belonging to the Lessee, shall be paid to the Lessor.

DESTRUCTION OF PREMISES. In If, during the event Term hereof, the Premises be damaged by reason of damage by an insurable casualty fire or other casualty, Tenant shall give immediate notice thereof to Landlord. Landlord shall promptly repair or rebuild the same, so as to render any portion make the Premises at least equal in value to those existing immediately prior to such occurrence and as nearly similar to it in character as shall be practicable and reasonable. If the Premises are damaged, the Rent shall be reduced in the same proportion as the percentage area of the Premises partly which is rendered untenantable due to such damage until such damage is repaired. If the Premises shall be so damaged by fire or wholly untenableotherwise that the cost of restoration shall exceed Fifty Percent (50%) of the replacement value thereof, exclusive of foundations, immediately prior to such damage, Landlord may, within thirty (30) days of such damage, give notice to Tenant of his election to terminate this Lease and, subject to the further provisions of this Article, this Lease shall cease and come to an end on the date of the expiration of ten (10) days from the delivery of such notice with the same force and effect as if such date were the date hereinbefore fixed for the expiration of the term herein demised, and the Rent shall be restored or repaired by the Lessee to the extent that said loss is covered by insurance. Any apportioned and all monies paid to the Lessee or to time of such termination. In such event, the Lessor pursuant to the provisions of any policy of entire insurance covering buildings or structures on the leased Premises shall be used to repair, restore, or rebuild the Clubhouse or other Buildings or structures covered by said insurance. Such work or repair, restoration or rebuilding shall be done with all reasonable dispatch after the occasion therefor arises and there shall be no abatement of rent during the period the Lessee is making such repairs, restoration or is rebuilding. This section does not apply to any structures subsequently constructed by the Lessor on the Premisesproceeds, except that in the event of damage or destruction involving such structures, if the same are proceeds pertaining to be rebuilt, the Lessor shall do so within a reasonable time after such damage or destruction or shall remove the same. In the event that the damage or destruction occurs within five (5) years from the end of the term of this Lease, or within five (5) years from the end of the term of the Lease as extended, the Lessee shall have the option of rebuilding or repairing under the terms of this Lease or terminating the Lease. In the event of termination, all proceeds received by the Lessee from insurance covering its interest in the Premises, except as the same may cover personal property belonging to the LesseeTenant's property, shall be paid to and remain the Lessoroutright property of Landlord.

DESTRUCTION OF PREMISES. In the event of damage by an insurable casualty so as to render any 11.1 If a portion of the Demised Premises partly or wholly untenablethe building is damaged by fire, unavoidable casualty, Act of God, or some other event that renders the same Demised Premises unfit (“Event”) such that Lessee is prevented from conducting its business in the premises in a manner reasonably comparable to that conducted immediately before such Event, then Lessee may terminate this Lease by delivering written notice to Lessor of its election to terminate immediately after the Event. The portion of any lease payment which is attributed to the period of time after the Lease has been terminated in the above manner shall be restored or repaired refunded by the Lessor to Lessee. If Lessee to the extent that said loss is covered by insurance. Any and all monies paid to the Lessee or to the Lessor pursuant to the provisions of any policy of insurance covering buildings or structures on the leased Premises shall be used to repair, restore, or rebuild the Clubhouse or other Buildings or structures covered by said insurance. Such work or repair, restoration or rebuilding shall be done with all reasonable dispatch after the occasion therefor arises and there shall be no abatement of rent during the period the Lessee is making such repairs, restoration or is rebuilding. This section does not apply to any structures subsequently constructed by so timely terminate this Lease, then Lessor shall repair the Lessor on building or the Demised Premises, except that in as the event case may be, as provided below, and the lease payment for the portion of damage or destruction involving such structures, if the same are to be rebuilt, the Lessor shall do so within a reasonable time after such damage or destruction or shall remove the same. In the event that Demised Premises rendered unusable for Tenant Agency's purposes by the damage or destruction occurs within five (5) years repair shall be abated on a reasonable basis from the end date of damage until the completion of the term repair, unless a Tenant Agency agent, invitee or employee caused such damage, in which case, Tenant Agency shall continue to pay the lease payment without abatement. 11.2 Lessor shall, within fifteen (15) days after such Event, deliver to Lessee a good faith estimate of this Lease, or within five (5) years the time needed to repair the damage caused by such Event. Lessor shall be responsible for repairing the same in a timely manner at Lessor’s own expense and the lease payments shall be suspended from the end time of the term of Event until the Lease as extended, the Lessee shall Demised Premises have the option of rebuilding or repairing under the terms of this Lease or terminating the Lease. In the event of termination, all proceeds received by the Lessee from insurance covering its interest been put in the Premises, except as substantially the same may cover personal property belonging to the Lessee, shall be paid to the Lessorcondition as they existed immediately before such Event.

DESTRUCTION OF PREMISES. In the event of damage by an insurable casualty so as to render any portion a partial or total ----------------------- destruction of the Premises partly or wholly untenablefrom any cause whatsoever, Landlord shall promptly cause the same shall to be restored rebuilt or repaired unless, in Landlord's sole discretion, Landlord determines that it would be uneconomical or impossible to rebuild or repair the same, in which event this Lease shall terminate as of the date of such destruction upon written notice given by the Lessee Landlord to the extent that said loss is covered by insurance. Any and all monies paid Tenant of its intention not to the Lessee or to the Lessor pursuant to the provisions of any policy of insurance covering buildings or structures on the leased Premises shall be used to repair, restore, or rebuild the Clubhouse or other Buildings or structures covered by said insurance. Such work or repair, restoration or rebuilding shall be done with all reasonable dispatch after the occasion therefor arises and there shall be no abatement of rent during the period the Lessee is making such repairs, restoration or is rebuilding. This section does not apply to any structures subsequently constructed by the Lessor on the Premises, except that in the event of damage or destruction involving such structures, if the same are notice to be rebuilt, the Lessor shall do so given within a reasonable time after such damage or destruction or shall remove the same. In the event that the damage or destruction occurs within five sixty (560) years days from the end date of the term of this Lease, or within five (5) years from the end of the term of the Lease as extended, the Lessee shall have the option of rebuilding or repairing under the terms of this Lease or terminating the Leasesuch destruction. In the event of such termination, Tenant shall forthwith surrender the Premises and shall be relieved of all proceeds received liability accruing after the date of termination, and Landlord shall have no further liability or obligation hereunder. If such destruction occurs and this Lease is not so terminated by Landlord, this Lease shall remain in full force and effect and Landlord and Tenant waive the Lessee from insurance covering its interest provisions of any law to the contrary. Landlord's obligations under this paragraph 35 shall in no event exceed the scope of the original construction of the Building of which the Premises are a part. Tenant agrees that during any period of reconstruction or repair of the Premises and/or said Building, Tenant shall continue the operation of Tenant's business in the Premises, except as the same may cover personal property belonging Premises to the Lessee, shall be paid to extent reasonably practicable from the Lessorstandpoint of good business.

DESTRUCTION OF PREMISES. a. In the event of damage by an insurable casualty so as to render any portion the entire Premises or materially all of the Premises partly or wholly untenable, the same shall be restored or repaired are destroyed by the Lessee to the extent that said loss is covered by insurance. Any and all monies paid to the Lessee or to the Lessor pursuant to the provisions of any policy of insurance covering buildings or structures on the leased Premises shall be used to repair, restore, or rebuild the Clubhouse fire or other Buildings or structures covered by said insurance. Such work or repaircasualty, restoration or rebuilding shall be done with all reasonable dispatch after the occasion therefor arises and there shall be no abatement of rent during the period the Lessee is making such repairs, restoration or is rebuilding. This section does not apply to any structures subsequently constructed by the Lessor on the Premises, except that in the event of damage or destruction involving such structures, if the same are to be rebuilt, the Lessor shall do so within a reasonable time after such damage or destruction or shall remove the same. In the event that the damage or destruction occurs within five (5) years from the end of the term of this Lease, or within five (5) years from the end of the term of the Lease as extended, the Lessee Landlord shall have the option of rebuilding or repairing under the terms of terminating this Lease or terminating of rebuilding the LeasePremises and shall give written notice of such election to the Tenant within thirty (30) days after the date of such casualty. In the event of termination, all proceeds received by the Lessee from insurance covering its interest in Landlord elects to rebuild the Premises, except as the same may cover personal property belonging Premises shall be restored to its former condition within a reasonable time, during which the Lesseerent due from Tenant to Landlord hereunder shall xxxxx. In the event Landlord elects to terminate this Lease, Rent shall be paid only to the Lessordate of such casualty, and the term of this Lease shall expire as of the date of such casualty and shall be of no further force and effect and Landlord shall be entitled to sole possession of the Premises. b. The term “materially all of the Premises” shall be deemed to mean such portion of the Premises, as when so destroyed, would leave remaining a balance of the Premises which due to the amount of area destroyed or the location of the part so destroyed in relation to the part left undamaged would not allow the Tenant to continue its business operations. c. In the event of a partial destruction which is not materially all of the Premises, the Base Rent shall proportionately xxxxx based upon the square footage of the Premises remaining undamaged and Landlord shall repair the damage. d. Notwithstanding the foregoing, if the damage or destruction is as a result of the action or inaction of Tenant or Tenant’s employees, or agents, invitees, or as a result of Tenant not fulfilling all of its obligations under this Lease, no Rent shall xxxxx and Tenant shall make all necessary repairs.

DESTRUCTION OF PREMISES. In If, during the event Term of damage by an insurable casualty so as to render any portion of the this Sublease, said Premises partly or wholly untenable, the same shall be restored or repaired by the Lessee are damaged to the extent that they are wholly untenantable, Lessor may, at its option, terminate this Sublease by giving Lessee written notice thereof within thirty (30) days after such damage, and prepaid rent from the date of such damage shall be refunded. If said loss is covered by insurance. Any and all monies paid to the Lessee or to the Lessor pursuant to the provisions of any policy of insurance covering buildings or structures on the leased Premises shall be used damaged to repairthe extent that they are wholly untenantable and the same cannot be restored to a condition substantially as good as prior to the destruction within ninety (90) days, restoreLessee may terminate this Sublease by giving Lessor written notice of its intent to terminate within thirty (30) days after the damage, or rebuild the Clubhouse or other Buildings or structures covered by said insurance. Such work or repairand in case of such termination, restoration or rebuilding Lessee shall be done entitled to a refund of prepaid rent from the date of damage. In case said Premises are damaged, but not rendered wholly untenantable, the rent shall abatx xxxportionately until the Premises are restored and Lessor shall repair the same as promptly as possible; provided, however, that if it is not restored within ninety (90) days, Lessee may, at its election, terminate the Sublease by giving Lessor thirty (30) days written notice of its intention to do so. If in the case of destruction of the Premises as aforesaid neither party elects to terminate the Sublease as above provided, Lessor shall restore the same with all reasonable dispatch after the occasion therefor arises speed and there shall be no abatement of rent during the period the Lessee is making such repairs, restoration or is rebuilding. This section does not apply to any structures subsequently constructed by the Lessor on the Premises, except for that in the event of damage or destruction involving such structures, if the same are to be rebuilt, the Lessor shall do so within a reasonable time after such damage or destruction or shall remove the same. In the event that the damage or destruction occurs within five (5) years from the end of the term of this Lease, or within five (5) years from the end of the term of the Lease as extended, the Lessee purpose shall have the option right to enter the said premises for the purpose of rebuilding or repairing under restoring the terms of this Lease or terminating the Lease. In the event of termination, all proceeds received by the Lessee from insurance covering its interest in the Premises, except as the same may cover personal property belonging to the Lessee, shall be paid to the Lessorproperty.

DESTRUCTION OF PREMISES. a. In the event of damage by an insurable casualty so as to render any portion the entire Premises or materially all of the Premises partly or wholly untenable, the same shall be restored or repaired are destroyed by the Lessee to the extent that said loss is covered by insurance. Any and all monies paid to the Lessee or to the Lessor pursuant to the provisions of any policy of insurance covering buildings or structures on the leased Premises shall be used to repair, restore, or rebuild the Clubhouse fire or other Buildings or structures covered by said insurance. Such work or repaircasualty, restoration or rebuilding shall be done with all reasonable dispatch after the occasion therefor arises and there shall be no abatement of rent during the period the Lessee is making such repairs, restoration or is rebuilding. This section does not apply to any structures subsequently constructed by the Lessor on the Premises, except that in the event of damage or destruction involving such structures, if the same are to be rebuilt, the Lessor shall do so within a reasonable time after such damage or destruction or shall remove the same. In the event that the damage or destruction occurs within five (5) years from the end of the term of this Lease, or within five (5) years from the end of the term of the Lease as extended, the Lessee Landlord shall have the option of rebuilding or repairing under the terms of terminating this Lease or terminating of rebuilding the LeasePremises and shall give written notice of such election to the Tenant within thirty (30) days after the date of such casualty. In the event of termination, all proceeds received by the Lessee from insurance covering its interest in Landlord elects to rebuild the Premises, except as the same may cover personal property belonging Premises shall be restored to its former condition within a reasonable time, during which the Lesseerent due from Tenant to Landlord hereunder shall xxxxx. In the event Landlord elects to terminate this Lease, rent shall be paid only to the Lessordate of such casualty, and the term of this Lease shall expire as of the date of such casualty and shall be of no further force and effect and Landlord shall be entitled to sole possession of the Premises. b. The term "materially all of the Premises" shall be deemed to mean such portion of the Premises, as when so destroyed, would leave remaining a balance of the Premises which due to the amount of area destroyed or the location of the part so destroyed in relation to the part left undamaged would not allow the Tenant to continue its business operations. c. In the event of a partial destruction which is not materially all of the Premises, the Base Minimum Rent shall proportionately xxxxx based upon the square footage of the Premises remaining undamaged and Landlord shall repair the damage. d. Notwithstanding the foregoing, if the damage or destruction is as a result of the action or inaction of Tenant or Tenant's employees, or agents, invitees, or as a result of Tenant not fulfilling all of its obligations under this Lease, no rent shall xxxxx and Tenant shall make all necessary repairs.