DESTRUCTION OF THE LEASED PREMISES. (a) If the Leased Premises are destroyed or damaged (including, without limitation, smoke and water damage) as a result of fire, the elements, accident or other casualty required to be insured against by the Landlord pursuant to Section 7.5 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 rendered wholly or partially untenantable, this Lease will continue in full force and effect and the Landlord will, subject to Sections 9.1(b) and 9.2(a), commence diligently to restore the Leased Premises to the extent only of the Landlord's Work as set out in Schedule "C" and then only to the extent of the insurance proceeds actually received by the Landlord, and only Basic Rent (but not Additional Rent) will xxxxx entirely or proportionately, as the case may be, to the portion of the Leased Premises rendered untenantable from the date of the destruction or damage until the Leased Premises have been restored and rendered tenantable by the Landlord to the extent of its obligations hereunder; or
(ii) the Leased Premises are not rendered untenantable in whole or in part, the Lease will continue in full force and effect, the Rent and other amounts payable by the Tenant will not xxxxx and the Landlord shall, subject to Sections 9.1(b) and 9.2(a), commence diligently to restore the Leased Premises to the extent set forth in this Section 9.1.
(b) Notwithstanding Section 9.1(a), if the Leased Premises are damaged or destroyed by any cause whatsoever, and if, in the opinion of the Landlord, acting reasonably, the Leased Premises cannot be rebuilt or made fit for the purposes of the Tenant within sixty (60) days of the damage or destruction, the Landlord, instead of rebuilding or making the Leased Premises fit for the Tenant in accordance with Section 9.1(a) may, at its option, elect to terminate this Lease by giving to the Tenant, within thirty (30) days after such damage or destruction, notice of termination, and thereupon Rent and any other payments for which the Tenant is liable under this Lease will be apportioned and paid to the date of such damage or destruction.
(c) Upon the Tenant being notified in writing by the Landlord that the Landlord's Work as set out in Schedule "C" has been substantially completed, the Tenant will forthwith complete all Tenant's Work including, without limitation, such work as is set out in Schedule "C" and all work required to fully restore the Leased Pr...
DESTRUCTION OF THE LEASED PREMISES. If the premises are injured or destroyed in whole or in part by fire or other catastrophe during the term of this Lease, Lessor shall as soon as practicable effect repairs on the premises, so that they are substantially the same as they were prior to such fire or other catastrophe. In such event, the rent shall xxxxx entirely, if the entire premises are rendered untenantable an shall xxxxx on a pro-rata basis in the event only a portion of the premises are rendered untenantable, until such time as the premises are restored to a tenantable condition, provided that in the event the premises shall be destroyed to an extent that Lessor determines in his sole discretion that repairs will take an extended length of time or that it is inadvisable to restore the premises, then the Lessor may at its option terminate this lease by written notice to Lessee. There shall be no abatement of rent if the fire or other cause damaging the leased premises shall result from the negligence or willful act of Lessee or its family, employees, guests, invitees, or anyone on the premises by reason of association with Lessee, their family, employees, guests or invitees.
DESTRUCTION OF THE LEASED PREMISES. If the premises are totally destroyed by an event which is beyond the lessor’s control, this lease shall be cancelled ipso jure without payment of any indemnity. In the event of a partial destruction of the premises, this lease may be cancelled without indemnity at the request of either party, notwithstanding the provisions of Article 1722 of the Civil Code, but without prejudice, for the lessor, to its potential recourse against the lessee if the destruction was the fault of the latter.
DESTRUCTION OF THE LEASED PREMISES. Where the leased premises are totally destroyed through circumstances beyond the Lessor’s control, this lease shall be terminated automatically and without indemnity. In the event of partial destruction, this lease may be terminated without indemnity at the request of either party, notwithstanding Article 1722 of the Civil Code, but without prejudice, for the contracting parties, to any rights either may have if destruction can be attributed to the other party.
DESTRUCTION OF THE LEASED PREMISES. Subject to section 12.2, if the Leased Premises are destroyed or damaged (including, but not limited to, smoke and water damage) the Landlord will, to the extent of insurance proceeds received by it, complete all work of repair and reconstruction in accordance with Landlord’s original Landlord’s Work in a reasonable and diligent manner and the Rent shall not axxxx.
DESTRUCTION OF THE LEASED PREMISES. If the premises that are the subject of this commercial lease are destroyed entirely due to age, construction defects, acts of war, civil war, disturbances, accident or any other cause independent of the will of Lessor, this commercial lease shall be terminated automatically without compensation. If, however, the leased premises were destroyed or rendered only partially unusable, Lessee could only receive a reduction in the rent based on the areas destroyed, with the exclusion of termination of the lease.
DESTRUCTION OF THE LEASED PREMISES. In the event the Leased Premises are totally destroyed by fire or other casualty, the LESSOR may, at LESSOR'S option, terminate this Lease, or LESSOR may rebuild the building situated on the Leased Premises and the rent shall abate between the time of the destruction and the time the buildixx xx rebuilt and the Leased Premises are ready for occupancy, or in the event of a partial destruction of the Leased Premises by fire or other casualty, LESSOR, at LESSOR'S option, may terminate this Lease or rebuild and repair the Leased Premises, and in such case the rent shall proportionately abate during the time between such partial destruction and repair ox xxbuilding thereof; provided, that in the events aforesaid, the options allowed to LESSOR shall be exercised within thirty (30) days after the event giving rise thereto.
DESTRUCTION OF THE LEASED PREMISES reconstruction
16.1 In the event of the complete or partial destruction of the Leased Premises that suspends the contractual suitability for use or restricts it so severely that they are no longer of viable economic use from the Lessee’s point of view, shall not expire until the Lessor has declared that he will not reconstruct the Leased Premises. The same shall apply if the Lessor decides instead of rebuilding to opt for an alternative building development. In this respect, the Lessor shall submit a corresponding declaration no later than 12 months after the damage event. It shall not be possible to assert the right of termination beforehand, unless the contractually agreed use shall be excluded prior to the expiry of 18 months. In the latter case, the notice of termination shall be served to the Lessor no later than within 3 months following the occurrence of the damage event. If and to the extent the contractually agreed use of the damaged or destroyed Lease Premises shall no longer be pnssible, the obligation of the Lessee to pay rent shall be suspended as from the day following the occurrence of the damage event. In the event of partial destruction or damage, the obligation to pay rent shall cease on a pro rata basis, provided that the undamaged part of the Leased Premises allows for reasonable use by the Lessee. In the event of a decision to rebuild, the Lessor shall take all measures necessary to restore within time-limits which are sufficiently short the condition of the building and the common facilities provided by the Lessor. The Lessor shall, however, not assume any liability for delays in the reconstruction. The reconstruction being completed, the provisions of this contract shall continue to apply mutatis mutandis.
16.2 In the event of destruction of or damage to the Leased Premises, the Lessee shall not be entitled to any further claims against the Lessor which exceed the scope of the aforementioned rights.
16.3 If the Lessee was responsible for the destruction of the Leased Premises, the Lessor shall not be obliged to reconstruct them. Gleiss Xxxx
DESTRUCTION OF THE LEASED PREMISES. In the event of total destruction of the Leased Premises by fortuitous occurrence, and in the absence of a better agreement of the Parties, the Lease shall be by right terminated, without formalities and without compensation payable by Lessor to Lessee for any reason. If the areas thus destroyed represent more than forty percent (40%) of the total area of the Leased Premises, or if such destruction makes unusable more than forty percent (40%) of the total area of the Premises, each Party may terminate the Lease, which will then be terminated by right, without any compensation paid to any Parties. If the areas thus destroyed represent less than forty percent (40%) of the total area of the Leased Premises, or if such destruction makes unusable less than forty percent (40%) of the total area of the Leased Premises, or if the rebuilding of the destroyed areas is possible within a maximum time period of twenty-four (24) months from the date of the damage, solely by means of insurance payments, the Parties agree that the lease will not terminate, and that it will continue to be fully effective, expressly notwithstanding Article 1722 of the Civil Code. Lessor shall engage its best efforts in order to achieve a rebuilding of the destroyed areas within a period of twenty-four (24) months from the date of the damage, with the understanding that in any event the rebuilding period may not exceed thirty (30) months from the date of the damage. Lessee shall benefit from a reduction of the rent during the period of partial occupancy. The computation of the rent reduction shall be done as a function of the destroyed or unusable area of the Leased Premises, by joint agreement between the Parties or, failing that, by an expert selected by the Parties. If the Parties fail to designate such expert as soon as possible, and at most twenty (20) days after the date of the damage, such designation will be made upon the request of the first Party to act by the President of the High Court of the site of the Leased Premises, with the fees and expenses of such ordinance borne equally by the Parties. The same will apply for the fees of the expert thus selected or designated. In the event that, for reasons not controlled by Lessor, the rebuilding of the destroyed areas of the Leased Premises is impossible within the above-mentioned period of twenty-four (24) months, Lessee may request the termination of the Lease without compensation, with the Lessor being insured against its loss of re...
DESTRUCTION OF THE LEASED PREMISES. If all or part of the Leased Premises, or other portions of the Building, are so damaged or destroyed by fire or other casualty that repairs or restoration cannot reasonably be completed within six (6) months from the date of the damage, or if the fire or casualty occurs during the final six (6) months of the Term, either party may terminate this Lease by written notice given within twenty (20) days after the date of such damage, and rent due hereunder shall be abated as of the date the Leased Premises were damaged or destroyer. If the Lease is not terminated, Landlord shall repair or restore the Leased Premises, and rent due hereunder shall be abated in proportion to the damaged area until the Leased Premises are restored.
