Common use of Destruction or Damage Clause in Contracts

Destruction or Damage. (a) If the Building or the Premises are totally destroyed by storm, fire earthquake, or other casualty, or damaged to the extent that, in Landlord's reasonable opinion the damage cannot be restored within one hundred eighty (180) days of the date Landlord provides Tenant written notice of Landlord's reasonable estimate of the time necessary to restore the damage, or if the damage is not covered by standard "all risks" property insurance, or if the Landlord's lender requires that the insurance proceeds be applied to its loan, Landlord shall have the right to terminate this Lease effective as of the date for such destruction or damage by written notice to Tenant on or before thirty (30) days following Landlord's notice described in the next sentence and Rent shall be accounted for as between Landlord and Tenant as of that date. Landlord shall provide Tenant with notice within sixty (60) days following the date of the damage of the estimated time needed to restore, whether the loss is covered by Landlord's insurance coverage and whether or not Landlord's lender requires the insurance proceeds be applied to its loan.

Appears in 3 contracts

Samples: Lease Agreement (KnowBe4, Inc.), Lease Agreement (KnowBe4, Inc.), Lease Agreement (American Recreational Enterprises Inc)

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Destruction or Damage. (a) If the Building or the Premises are totally destroyed by storm, fire fire, earthquake, or other casualty, or damaged to the extent that, in Landlord's reasonable opinion the damage cannot be restored within one hundred eighty (180) days of the date Landlord provides Tenant written notice of Landlord's reasonable estimate of the time necessary to restore the damage, or if the damage is not covered by standard "all risks" property insurance, or if the Landlord's lender requires that the insurance proceeds be applied and as a result Landlord elects not to its loanrestore such damage, Landlord or Tenant shall have the right to terminate this Lease effective as of the date for of such destruction or damage by written notice to Tenant the other on or before thirty (30) days following Landlord's notice described in the next sentence and Rent shall be accounted for as between Landlord and Tenant as of that date. Landlord shall provide Tenant with notice within sixty forty-five (6045) days following the date of the damage of the estimated time needed to restore, and whether the loss is covered by Landlord's insurance coverage (and if not, whether or not Landlord's lender requires the insurance proceeds be applied Landlord nevertheless elects to its loanrestore).

Appears in 3 contracts

Samples: Lease Agreement (Global Payments Inc), Lease Agreement (Global Payments Inc), Lease Agreement (Global Payments Inc)

Destruction or Damage. (a) If the Building or the Premises are totally destroyed by storm, fire fire, earthquake, or other casualty, or damaged to the extent that, in Landlord's ’s reasonable opinion the damage cannot be restored within one hundred eighty (180) days of the date Landlord provides Tenant written notice of Landlord's ’s reasonable estimate of the time necessary to restore the damage, or if the damage is not covered by standard "all risks" ISO Causes of Loss—Special Form property insurance, or if the Landlord's ’s lender requires that the insurance proceeds be applied to its loan, Landlord or Tenant shall have the right to terminate this Lease effective as of the date for of such destruction or damage by written notice to Tenant the other on or before thirty sixty (3060) days following Landlord's ’s notice described in the next sentence and Rent shall be accounted for as between Landlord and Tenant as of that date. Landlord shall provide Tenant with notice within sixty (60) days following the date of the damage of the estimated time needed to restore, whether the loss is covered by Landlord's ’s insurance coverage and whether or not Landlord's ’s lender requires the insurance proceeds be applied to its loan.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Fund Iii L P)

Destruction or Damage. (a) If the Building or the Premises are totally destroyed by storm, fire fire, earthquake, or other casualty, or damaged to the extent that, in Landlord's ’s reasonable opinion the damage cannot be restored within one hundred eighty (180) days of the date Landlord provides Tenant written notice of Landlord's ’s reasonable estimate of the time necessary to restore the damage, or if the damage is not covered by standard "all risks" ISO Causes of Loss—Special Form property insurance, or if the Landlord's ’s lender requires that the insurance proceeds be applied to its loan, Landlord shall have the right to terminate this Lease effective as of the date for of such destruction or damage by written notice to Tenant on or before thirty (30) days following Landlord's ’s notice described in the next sentence and Rent shall be accounted for as between Landlord and Tenant as of that date. Landlord shall provide Tenant with written notice within sixty (60) days following the date of the damage of the estimated time needed to restore, whether the loss is covered by Landlord's ’s insurance coverage and whether or not Landlord's ’s lender requires the insurance proceeds be applied to its loan.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Fund Iii L P)

Destruction or Damage. (a) If the Building or the Premises are totally destroyed by storm, fire fire, earthquake, or other casualty, or damaged to the extent that, in Landlord's reasonable opinion the damage cannot be restored within one hundred eighty (180) days of the date Landlord provides Tenant written notice of Landlord's reasonable estimate of the time necessary to restore the damage, or if the damage is not covered by standard "all risks" property insurance, or if the Landlord's lender requires that the insurance proceeds be applied to its loan, Landlord shall have the right to terminate this Lease effective as of the date for of such destruction or damage by written notice to Tenant on or before thirty (30) days following Landlord's notice described in the next sentence and Rent shall be accounted for as between Landlord and Tenant as of that date. Landlord shall provide Tenant with notice within sixty (60) days following the date of the damage of the estimated time needed to restore, whether the loss is covered by Landlord's insurance coverage and whether or not Landlord's lender requires the insurance proceeds be applied to its loan.

Appears in 1 contract

Samples: Lease Agreement (Emageon Inc)

Destruction or Damage. (a) a. If the Building or the Premises are totally destroyed by storm, fire fire, earthquake, or other casualty, or damaged to the extent that, in Landlord's reasonable opinion the damage cannot be restored within one hundred eighty (180) days of the date Landlord provides Tenant written notice of Landlord's reasonable estimate of the time necessary to restore the damage, or if the damage is not covered by standard "all risks" ISO Causes of Loss - Special Form property insurance, or if the Landlord's lender requires that the insurance proceeds be applied to its loan, Landlord shall have the right to terminate this Lease effective as of the date for of such destruction or damage by written notice to Tenant on or before thirty (30) days following Landlord's notice described in the next sentence and Rent shall be accounted for as between Landlord and Tenant as of that date. Landlord shall provide Tenant with notice within sixty (60) days following the date of the damage of the estimated time needed to restore, whether the loss is covered by Landlord's insurance coverage and whether or not Landlord's lender requires the insurance proceeds be applied to its loan.

Appears in 1 contract

Samples: Lease Agreement (Nemus Bioscience, Inc.)

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Destruction or Damage. (a) If the Building or the Premises are totally destroyed by storm, fire fire, earthquake, or other casualty, or damaged to the extent that, in Landlord's ’s reasonable opinion the damage cannot be restored within one hundred eighty (180) days of the date Landlord provides Tenant written notice of Landlord's ’s reasonable estimate of the time necessary to restore the damage, or if the damage is not covered by standard "all risks" property insurance, or if the Landlord's lender requires that the insurance proceeds be applied and as a result Landlord elects not to its loanrestore such damage, Landlord or Tenant shall have the right to terminate this Lease effective as of the date for of such destruction or damage by written notice to Tenant the other on or before thirty (30) days following Landlord's ’s notice described in the next sentence and Rent shall be accounted for as between Landlord and Tenant as of that date. Landlord shall provide Tenant with notice within sixty forty-five (6045) days following the date of the damage of the estimated time needed to restore, and whether the loss is covered by Landlord's ’s insurance coverage (and if not, whether or not Landlord's lender requires the insurance proceeds be applied Landlord nevertheless elects to its loanrestore).

Appears in 1 contract

Samples: Lease Agreement (Ndchealth Corp)

Destruction or Damage. (a) If the Building or the Premises are totally destroyed by storm, fire fire, earthquake, or other casualty, or damaged to the extent that, in Landlord's ’s reasonable opinion the damage cannot be restored within one hundred eighty (180) days of the date Landlord provides Tenant written notice of Landlord's ’s reasonable estimate of the time necessary to restore the damage, or if the damage is not covered by standard "all risks" ISO Causes of Loss—Special Form property insurance, or if the Landlord's ’s lender requires that the insurance proceeds be applied to its loan, Landlord shall have the right to terminate this Lease effective as of the date for of such destruction or damage by written notice to Tenant on or before thirty (30) days following Landlord's ’s notice described in the next sentence and Rent shall be accounted for as between Landlord and Tenant as of that date. Landlord shall provide Tenant with notice within sixty (60) days following the date of the damage of the estimated time needed to restore, the estimated percentage of damage to the Building and to the Premises, whether the loss is covered by Landlord's ’s insurance coverage and whether or not Landlord's ’s lender requires the insurance proceeds be applied to its loan. If more than fifty percent (50.0%) of the Building or the Premises is destroyed by such casualty, Tenant shall have the right to terminate this lease by delivering written notice to Landlord within ten (10) business days following the date of Landlord’s notice to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Fund Iv L P)

Destruction or Damage. (a) If the Building Property or the Premises or any part thereof are totally destroyed by storm, fire fire, earthquake, or other casualty, or damaged to the extent that, in Landlord's ’s reasonable opinion opinion, the damage cannot be restored repaired within one hundred eighty twenty (180120) days of the date Landlord provides Tenant written notice of Landlord's ’s reasonable estimate of the time necessary to restore repair the damage, or if the damage is not covered by standard "all risks" property insurance, or if the Landlord's ’s lender requires that the insurance proceeds be applied to its loan, Landlord shall have the right to terminate this Lease effective as of the date for of such destruction or damage by written notice delivered to Tenant on or before thirty (30) days following Landlord's ’s notice described in the next sentence and Rent shall be accounted for as between Landlord and Tenant as of that date. Landlord shall provide Tenant with written notice within no later than sixty (60) days following the date of the such damage of the estimated time needed to restore, whether the loss is covered by Landlord's ’s insurance coverage and whether or not Landlord's ’s lender requires the insurance proceeds be applied to its loan.

Appears in 1 contract

Samples: Industrial Lease Agreement (Applied Imaging Corp)

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