Destruction or Damage of Premises. 13.1 If the Property or any improvements are damaged or destroyed, you must:
13.1.1 make the property safe and secure;
13.1.2 if required by us, give us a report from a structural engineer as to the structural stability of the Property; and
13.1.3 clear all debris from the Property.
13.2 In the event of damage or destruction of the Property or any improvement then you must either:
13.2.1 reinstate the Property or the improvements substantially in accordance with their original design; or
13.2.2 rebuild to a different design with our prior written consent.
13.3 You must comply with clause 7 with respect to any reinstatement or rebuild under this clause 13.
13.4 Despite clause 13.2, we may at our election manage the reinstatement of the Property or the improvements substantially in accordance with their original design and deal directly with the insurer in respect of those reinstatement works (whether that insurance is in your name or in our name). If reasonably required, you will vacate the Property during the period of such reinstatement. Your obligation to pay rent will cease while you vacate the Property for this purpose, but your obligation to pay outgoings (rates, insurance etc) will continue.
Destruction or Damage of Premises. In the event of a fire or casualty Tenant will immediately notify agent or landlord. Should the Premises suffer a casualty or should a condition arise, through forces or events outside the reasonable control of Landlord (such as, solely by way of example, fire, storm, wind, rain, water damage, extraordinary repairs, lightening, acts of terrorism, vandalism, crime, mayhem, riot, war, or sinkholes) either (I) rendering the Premises (or any portion thereof) in the reasonable opinion of the Landlord, unusable, uninhabitable, or otherwise dangerous or unfit for the continued safe habitation, or (II) requiring repair or replacement of the Premises (or any portion thereof), the cost of which is estimated to exceed $5,000, regardless of whether reimbursable through insurance, the Landlord or Tenant may at its option, terminate this Agreement on no less than Thirty (30) days notice. Alternatively, Tenants may vacate the portion of the Premise rendered unusable, in which case Tenants’ liability for rent shall be reduced by the fair rental value of the portion of the Premise that is unusable. Notwithstanding the immediately foregoing, nothing contained in this Section or any act taken by the Landlord pursuant to this Section shall be interpreted or construed to relieve any Tenant from any liability (including any rent due and owing hereunder) occasioned by the breach by such Tenant or any other Tenant, of any duty, obligation or performance required of any Tenant under this Lease, or the acts or omissions (including without limitation, negligence or intentional malfeasance) of any Tenant or any other Authorized Person causing or contributing to any casualty or condition sustained by the Premises. If whole or and part of the leased premises shall be taken by any condemnation proceeding, this lease agreement shall terminate at the time the condemning authority takes possession of the part so taken. All damages awarded for such taking shall belong to the Landlord.
Destruction or Damage of Premises. 13.1. If the Property or any improvements are damaged or destroyed, you must:
13.1.1. make the property safe and secure;
13.1.2. if required by us, give us a report from a structural engineer as to the structural stability of the Property; and
13.1.3. clear all debris from the Property.
13.2. In the event of damage or destruction of the Property or any improvement then provided we consent, you may:
13.2.1. reinstate the Property or the improvements substantially in accordance with their original design; or
13.2.2. rebuild to a different design.
13.3. You must comply with clause 7 with respect to any reinstatement or rebuild under this clause 13.
Destruction or Damage of Premises. In the event of a fire or casualty Tenant will immediately notify agent or landlord. Should the Premises suffer a casualty or should a condition arise, through forces or events outside the reasonable control of Landlord (such as, solely by way of example, fire, storm, wind, rain, water damage, extraordinary repairs, lightening, acts of terrorism, vandalism, crime, mayhem, riot, war, or sinkholes) either (I) rendering the Premises (or any portion thereof) in the reasonable opinion of the Landlord, unusable, uninhabitable, or otherwise dangerous or unfit for the continued safe habitation, or
Destruction or Damage of Premises. If the Demised Premises shall be destroyed or damaged by the elements, fire or earthquake, to such an extent as to render them untenantable in whole or in part, it shall be optional with Landlord to rebuild or repair the same, and after the happening of any such damage or destruction, the Tenant shall have the right to terminate this Lease by written notice served upon the Landlord. Landlord shall notify Tenant of Tenant's decision to rebuild or repair within thirty (30) days from the date of the event causing such damage or destruction. If Landlord elects to rebuild or repair said Demised Premises, Tenant shall have the right to continue said Lease and Landlord shall prosecute the work without unnecessary delay. During such period, the rent for said Demised Premises shall be abated in the same ratio that the portion of the Demised Premises rendered for the time unfit for Tenant's use shall be to the whole of said Demises Premises.
Destruction or Damage of Premises. In the event the premises are destroyed or damaged by fire, earthquake, or any other Act of God, then this Lease shall terminate without liability, by either Lessor or Lessee. Lessor shall, however, promptly make all other repairs to the structure and its various systems, so as to maintain the habitability of the premises. Failure to do so, is a material breach of this Lease entitling Lessee to terminate the lease immediately upon written notice with no liability for rent beyond the date of occurrence rendering the premises reasonably uninhabitable or fit for their purpose as an executive suite.
Destruction or Damage of Premises. 14.1 If the Property or any improvements are damaged or destroyed, you must:
(a) make the Property safe and secure;
(b) if required by us, give us a report from a structural engineer as to the structural stability of the Property (obtained at your cost); and
(c) clear any debris and rubbish from the Property.
14.2 In the event of damage or destruction of the Property or any improvement then you must either:
(a) reinstate the Property or the improvement substantially in accordance with its original design; or
(b) rebuild to a different design with our prior written consent.
14.3 You must comply with clause 8 with respect to any reinstatement or rebuild under this clause 14.
14.4 Despite clause 14.2, we may choose to manage the reinstatement of the Property or any improvements substantially in accordance with their original design and deal directly with the insurer in respect of those reinstatement works (whether that insurance is in your name, our name or any body corporate’s name). If reasonably required, you will vacate the Property during the period of such reinstatement. Your obligation to pay Rent will cease while you vacate the Property for this purpose, but your obligation to pay any outgoings (rates, insurance, etc) will continue.
Destruction or Damage of Premises. Provided always and it is hereby agreed that, if during the currency of this Lease:
i) the Demised Premises are totally destroyed by fire or any such other perils as may from time to time be included in the standard fire insurance additional perils supplementary contract generally available in the Province of Ontario, so that it cannot be repaired with reasonable diligence within 120 days of the happening of such injury, then the Lease shall cease and become null and void from the date of such damage or destruction, and the Tenant shall immediately surrender the Demised Premises and all interest therein to the Landlord, and the Tenant shall pay rent only to the time of such surrender and any prepaid rent shall be returned to the Tenant and in case of destruction or partial destruction as above mentioned, the Landlord may re-enter or repossess the Demised Premises discharged of this Lease and may remove all parties therefrom;
ii) if the Demised Premises are destroyed or damaged or partially destroyed or damaged by fire or any such other perils as may from time to time be included in the standard fire insurance additional perils supplementary contract generally available in the Province of Ontario, and can be repaired with reasonable diligence within 120 days from the happening of said injury, and if the damage is such as to render the Demised Premises wholly unfit for occupancy, then the rent shall not run or accrue after the said injury, or while the process of repairs is going on, and the Landlord shall repair the same with all reasonable speed and then the rent shall recommence immediately after the said repairs have been completed;
iii) if the Demised Premises are partially destroyed or damaged by fire or any such other perils as may from time to time be included in the standard fire insurance additional perils supplementary contract generally available in the Province of Ontario, and can be repaired with reasonable diligence within 120 days from the happening of said injury, and if the damage is such that the Demised Premises can be partially used, then until such damage shall have been repaired, the rent shall axxxx in proportion that the part of the Demised Premises rendered unfit for occupancy bears to the whole of the Demised Premises and the Landlord shall repair with all reasonable speed.
Destruction or Damage of Premises. If the Premises are totally destroyed by storm, fire, lightning, or other casualty, then at the option of the Lessee, this Agreement shall terminate as of the date of such destruction, and payment of Lease payments shall be accounted for as between Lessor and Lessee as of that date. Such option to terminate this Agreement shall be exercised by the delivery of written notice by Lessee or Lessor within thirty (30) days of the date of such destruction.
Destruction or Damage of Premises. If the Premises or any part of the Premises are destroyed or damaged to the extent that the Tenant cannot use or access the Premises then, to the extent that in VicTrack's reasonable opinion it is impracticable or undesirable to repair and reinstate the Premises, VicTrack may determine this Lease by giving not less than 30 days written notice to the Tenant. VicTrack shall not be liable to pay the Tenant any compensation if the Premises or any part of the Premises are destroyed or damaged, or if this Lease is ended pursuant to this clause.
