Common use of Duty to Repair; Rent Abatement Clause in Contracts

Duty to Repair; Rent Abatement. If fire or other casualty shall render the whole or any part of the Premises untenantable and the Premises cannot reasonably be expected to be made tenantable within two hundred ten (210) days from the date of such event and neither Landlord nor Tenant terminates this Lease pursuant to its right herein; or in the event that more than fifty percent (50%) of the value of the Facility is damaged or destroyed by fire or other casualty, and neither party hereto terminates this Lease pursuant to the options granted herein, or in the event that fifty percent (50%) or less of the value of the Facility is damaged or destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Landlord shall repair and restore the Premises and the Facility to as near their condition prior to the fire or other casualty as is reasonably possible, the work to be commenced and prosecuted with all due diligence and speed (subject to delays for causes beyond Landlord's reasonable control), and the Rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises that is untenantable). In no event shall Landlord be obligated to repair or restore any special equipment or improvements installed by Tenant at Tenant's expense.

Appears in 2 contracts

Samples: Lease (Fourth Shift Corp), Lease (Fourth Shift Corp)

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Duty to Repair; Rent Abatement. If fire or other casualty shall render the whole or any part of the Premises untenantable and the Premises cannot reasonably be expected to be made tenantable within two one hundred ten eighty (210180) days from the date of such event and neither Landlord nor Tenant party terminates this Lease pursuant to its right hereinSection 11.02 hereof; or in the event that more than fifty percent (50%) of the value of the Facility is damaged or destroyed by fire or other casualty, and neither party hereto terminates this Lease pursuant to the options granted herein, or in the event that fifty percent (50%) or less of the value of the Facility Building is damaged or destroyed by fire or other casualty and neither to the whole nor any material portion extent of more than one-third (1/3) of the Premises is rendered untenantablevalue of the Building and Landlord does not terminate this Lease pursuant to Section 11.02 hereof, then Landlord shall repair and restore the Premises and the Facility to as near their condition prior to the fire or other casualty as is reasonably possible, the work to be commenced and prosecuted with all due diligence and speed (subject to delays for causes beyond Landlord's reasonable control), and the Rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises that is untenantable), except if more than fifty percent (50%) of the Premises is rendered untenantable, all Rent shall abatx. In Xx no event shall Landlord be obligated to repair or restore any special equipment or improvements installed by Tenant at Tenant's expense.

Appears in 1 contract

Samples: Lease (SBS Technologies Inc)

Duty to Repair; Rent Abatement. If fire or other casualty shall render the whole or any part of the Premises untenantable and the Premises cannot reasonably be expected to be made tenantable within two hundred ten (210) days from the date of such event and neither Landlord nor Tenant terminates this Lease pursuant to its right herein; or in the event that more than fifty percent (50%) of the value of the Facility is damaged or destroyed by fire or other casualty, and neither party hereto terminates this Lease pursuant to the options granted herein, or in the event that fifty percent (50%) or less of the value of the Facility is damaged or destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Landlord shall repair and restore the Premises and the Facility to as near their condition prior to the fire or other casualty as is reasonably possible, the work to be commenced and prosecuted with all due diligence and speed (subject to delays for causes beyond Landlord's ’s reasonable control), and the Rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises that is untenantable). In no event shall Landlord be obligated to repair or restore any special equipment or improvements installed by Tenant at Tenant's ’s expense.

Appears in 1 contract

Samples: Lease (SoftBrands, Inc.)

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Duty to Repair; Rent Abatement. If fire or other casualty shall render the whole or any part of the Premises untenantable and the Premises cannot reasonably be expected to be made tenantable within two hundred ten (210) days from the date of such event and neither Landlord nor Tenant terminates this Lease pursuant to its right herein; or in the event that more than fifty percent (50%) of the value of the Facility is damaged or destroyed by fire or other casualty, and neither party hereto terminates Landlord does not terminate this Lease pursuant to the options its option granted herein, or in the event that fifty percent (50%) or less of the value of the Facility is damaged or destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Landlord shall repair and restore the Premises and the Facility to as near their condition prior to the fire or other casualty as is reasonably possible, the work to be commenced and prosecuted with all due diligence and speed (subject to delays for causes beyond Landlord's reasonable control), and the Rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises that is untenantable). In no event shall Landlord be obligated to repair or restore any special equipment or improvements installed by Tenant at Tenant's expense. In the event Landlord elects to repair the Premises and Facility, and such repairs are not substantially completed within two hundred and ten (210) days of the date of the casualty, subject to reasons beyond the reasonable control of Landlord, then in such event Tenant may, after fifteen (15) days written notice provided to Landlord on or before the date two hundred forty (240) days from the date of the casualty, terminate this Lease and in the event Landlord fails to substantially complete the restoration within said notice period, this Lease shall terminate.

Appears in 1 contract

Samples: Lease Agreement (BMC Industries Inc/Mn/)

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