DESTRUCTION OR DAMAGE TO PREMISES. If the Premises are at any time damaged or destroyed in whole or in part by fire, casualty or other causes, Landlord shall have sixty (60) days from such damage or destruction to determine and inform Tenant whether Landlord will restore the Premises to substantially the condition that existed immediately prior to the occurrence of the casualty. If Landlord elects to rebuild, Landlord shall complete such repairs to the extent of insurance proceeds within one hundred eighty (180) days from the end of the sixty (60) day period. If such repairs have not been completed within that 180-day period, and Tenant desires to terminate the Lease as a result thereof, then Tenant must notify Landlord prior to Landlord’s completion of the repairs of Tenant’s intention to terminate this Lease. Landlord shall then have ten (10) days after Landlord’s receipt of written notice of Tenant’s election to terminate to complete such repairs (as evidenced by a certificate of completion). If Landlord does complete such repairs prior to the expiration of such ten-day cure period, Tenant shall have no such right to terminate this Lease. Tenant shall, upon substantial completion by Landlord, promptly and diligently, and at its sole cost and expense, repair and restore any improvements to the Premises made by Tenant to the condition which existed immediately prior to the occurrence of the casualty. If, in Landlord’s architect’s or general contractor’s reasonable estimation, the Premises cannot be restored within two hundred forty (240) days of such damage or destruction, then either Landlord or Tenant may terminate this Lease as of a date specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) days after the date such notice is given. Until the restoration of the Premises is complete, there shall be an abatement or reduction of Base Rent in the same proportion that the square footage of the Premises so damaged or destroyed and under restoration bears to the total square footage of the Premises, unless the damaging event was caused by the negligence or willful misconduct of Tenant, its employees, officers, agents, licensees, invitees, visitors, customers, concessionaires, assignees, subtenants, contractors or subcontractors, in which event there shall be no such abatement. Notwithstanding the foregoing provisions of this paragraph, if damage to more than fifty percent (50%) of the Premises or destruction of the Premises shall occur within the last ...
DESTRUCTION OR DAMAGE TO PREMISES. If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that normal use and occupancy of the dwelling unit is substantially impaired, the Tenant may:
(a) immediately vacate the premises and notify the Landlord in writing within seven days thereafter of Xxxxxx's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
(b) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the Tenant's liability for rent is reduced in proportion to the diminution in the fair-market rental value of the dwelling unit. Unless the fire or casualty was due to the tenant's negligence or otherwise caused by the tenant, if the rental agreement is terminated, the landlord shall return security deposit to the tenant with proper accounting as required by law. Accounting for rent in the event of termination or apportionment must be made as of the date of the fire or casualty. The Landlord shall withhold the tenant's security deposit if the fire or casualty was due to the tenant's negligence or otherwise caused by the tenant, with proper accounting as required by law.
DESTRUCTION OR DAMAGE TO PREMISES. If the dwelling unit or premises are completely damaged or destroyed by fire or casualty to the extent that normal use and occupancy of the dwelling unit is substantially impaired for a period longer than 30 days, the Tenant may:
(a) Immediately vacate the premises and notify the Landlord in writing within fourteen (14) days thereafter of Tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
(b) If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the Tenant’s liability for rent is reduced in the proportion to the diminution of the rental value of the dwelling unit. The rental value will be determined by the monthly rental amount and the square footage of the property and the square footage of the unusable portion of the property. Unless the fire or casualty was due to the Tenant’s negligence or otherwise caused by the Tenant, if the rental agreement is terminated, the Landlord shall return application fee to the Tenant with proper accounting as required by law. Accounting for rent in the event of termination or apportionment must be made as of the date of the fire or casualty. The Landlord shall withhold the Tenant’s application fee if the fire or casualty was due to the Tenant’s negligence or otherwise caused by the Tenant, with proper accounting as required by law.
DESTRUCTION OR DAMAGE TO PREMISES. If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that normal use and occupancy of the dwelling unit is substantially impaired, the Tenant may immediately vacate the premises and notify the Landlord in writing within seven days thereafter of Tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the Tenant's liability for rent is reduced in proportion to the diminution in the fair-market rental value of the dwelling unit. If the rental agreement is terminated, the Landlord shall return the security deposit and all prepaid rent. Accounting for rent in the event of termination or apportionment must be made as of the date of the fire or casualty.
DESTRUCTION OR DAMAGE TO PREMISES. If the xx xxxxxx unit or premises are damaged or destroyed by fire or casualty to the extent that normal use or and occupancy of the xx xxxxxx unit is substantially impaired, the Tenant may:
a. Immediately vacate the premises and notify the Landlord in w riting w ithin seven days thereafter of Xxxxxx’s intention to terminate the rental agreement, in w hich case the rental agreement terminates as of the date of vacating.
b. If continued occupancy if law ful, vacate any part of the xx xxxxxx unit rendered unusable by the fire or casualty, in w hich case the Tenant’s liability for rent is reduced in proportion to the diminution in the fair-market rental value of the xx xxxxxx unit. Unless the fire or casualty w as due to the tenant’s negligence or otherw ise caused by the tenant, if the rental agreement is terminated, the landlord shall return security deposit to the tenant w ith proper accounting as required by law . Accounting for rent in the event of termination or apportionment must be made as of the date of the fire or casualty. The Landlord shall w ithhold the tenant’s security deposit if the fire or casualty w as due to the tenant’s negligence or otherw ise caused by the tenant, w ith proper accounting as required by law .
DESTRUCTION OR DAMAGE TO PREMISES. 10.1 Should the PREMISES be destroyed or damaged to any extent which renders the PREMISES substantially untenantable, either party shall have the right within 14 (fourteen) days of the occurrence of the event causing such destruction or damage to declare this agreement cancelled, in which event the TENANT shall have no claim of whatever nature against the LANDLORD as a result of such destruction, damage, cancellation or termination.
10.2 Should a dispute arise between the LANDLORD and the TENANT in respect of any matter arising out of 10.1 including any dispute as to any interpretation or application of 10.1, then such dispute shall be settled by the LANDLORD's architect, acting as an expert and not as an arbitrator, whose decision shall be final and binding on both parties.
DESTRUCTION OR DAMAGE TO PREMISES. 13.1 If the Premises are totally destroyed or rendered untenantable by storm, fire, earthquake, hurricane, or other natural catastrophe, this Agreement shall terminate as of the date of such total destruction or untenantability, with no obligation of Landlord to rebuild or provide other rental premises for Tenant. Any rental or 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 destroyed or rendered untenantable.
13.2 If the Premises are partially destroyed or rendered partially untenantable by storm, fire, earthquake, hurricane, or other natural catastrophe, Tenant shall have the option to elect either to terminate this Agreement by written notice to Landlord in accordance with Paragraph 25 or to continue this Agreement in force with an appropriate abatement of rent and without obligation of Landlord to repair, restore, or rebuild the Premises at any time, even if Tenant elects to continue this Agreement. The Premises shall be considered partially destroyed or rendered partially untenantable when at least ten per cent (10%) but less than one hundred per cent (100%) of the Premises are destroyed or rendered untenantable.
DESTRUCTION OR DAMAGE TO PREMISES. If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that normal use and occupancy of the dwelling is substantially impaired, the Tenant may:
(a) immediately vacate the premises and and notify the Landlord. INITIAL
DESTRUCTION OR DAMAGE TO PREMISES. If the premises should suffer serious damage or destruction during the term of the lease, Lessee will seek, at Lessee’s expense, other accommodations until repairs are made and will not be responsible for rent during that time. If, however, destruction or damage is the result of any negligent act by Lessee or any person on the premises with Lessee’s express or implied consent, then Lessee and any other responsible person shall be jointly and severally liable to Lessor/Agent for all damages caused by those negligent acts, including lost rent and the cost of repairs, and rent shall not be abated.
DESTRUCTION OR DAMAGE TO PREMISES. 14 18. Indemnification ...................................................15 19. Insurance .........................................................15 20. Damage or Theft of Personal Property ..............................17 21.
