Common use of Fire and Casualty Clause in Contracts

Fire and Casualty. a. If the Leased Premises should be totally destroyed by fire, tornado or other casualty, or if the Leased Premises should be so damaged so that rebuilding or repairs cannot reasonably be completed within one hundred eighty (180) working days after the date of written notification by Lessee to Lessor of the destruction, this Lease shall terminate and the rent shall be abated for the unexpired portion of the Lease, effective as of the date of the written notification. a. If the Leased Premises should be partially damaged by fire, tornado or other casualty, and rebuilding or repairs can reasonably be completed within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, but Lessor may at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the condition in which they existed prior to the damage. If the Leased Premises are to be rebuilt or repaired and are untenable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under the Lease shall cease to exist.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Data Return Corp), Commercial Lease Agreement (Lanstar Semiconductor Inc)

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Fire and Casualty. a. (a) If the Leased Premises should be totally destroyed by fire, tornado fire or other casualty, or if the Leased Premises should be so damaged so that rebuilding or repairs cannot reasonably be completed within one hundred eighty twenty (180120) working days after the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, this Lease shall terminate and the rent shall be abated for the unexpired portion of the Leaselease, effective as of the date of the written notification. a. (b) If the Leased Premises should be partially damaged by fire, tornado fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety one hundred twenty (90120) working days from the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, this Lease shall not terminate, but Lessor Landlord may at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building Building or other improvements to substantially the same condition in which they existed prior to the damage. If the Leased Premises are to be rebuilt or repaired and are untenable untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of LesseeTenant, its agents, employees, invitees or those for whom Lessee Tenant is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenable untenantable shall be adjusted abated to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety one hundred twenty (90120) working days from the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, Lessee Tenant may at its option terminate this Lease by delivering written notice of termination to LessorLandlord, whereupon all rights and obligations under the this Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Agreement (Quad City Holdings Inc)

Fire and Casualty. a. (a) If the Leased Premises should be totally or the Building or any substantial part of either is damaged or destroyed by fire, tornado fire or other casualty, cause or if the Leased Premises should be so damaged so that rebuilding condition whatsoever, and such damage or repairs destruction cannot reasonably be completed repaired within one hundred eighty twenty days (180120) working days, Landlord or Tenant may terminate this Lease, by written notice to the other party given within thirty (30) days after such damage. If the date of written notification Premises are damaged or destroyed or access thereto or use thereof is affected by Lessee to Lessor of the destructiondamage, this Lease shall terminate and the rent then Landlord's or Tenant termination shall be abated for the unexpired portion of the Lease, effective as of the date of the written notificationsuch damage; otherwise said termination shall be effective thirty (30) days after such notice. a. (b) If the Leased Premises should be partially Common Areas in the Building are damaged or destroyed by fire, tornado fire or other casualty, cause or condition whatsoever, to such an extent as to substantially interfere with Tenant's use of the Premises or if the Premises or a substantial part thereof are made untenantable, and rebuilding such damage or repairs can reasonably destruction cannot be completed repaired within ninety one hundred twenty (90120) working days, then Tenant may terminate this Lease by giving written notice to Landlord within thirty (30) days from after such damage, said termination to be effective as of the date of written notification by Lessee such damage. (c) Unless this Lease is terminated as herein above provided, Landlord shall proceed with due diligence to Lessor restore, repair and replace the Premises and the Building to the same condition as they were in as of the destruction, this Lease shall not terminate, but Lessor may at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the condition in which they existed prior to the damageCommencement Date. If the Leased Premises are to be rebuilt or repaired and are untenable in whole or in part following the damage, and the Provided such damage or destruction was not caused or contributed to by an intentional act or negligence of LesseeTenant, its agents, employees, invitees or those for whom Lessee Tenant is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenable shall be adjusted to such an extent as may be fair from and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety (90) working days from after the date of written notification by Lessee such damage to Lessor date of completion of said repairs, replacements and restorations, a just proportion of the destructionrent shall xxxxx according to the extent the full use and enjoyment of the Premises are rendered impossible by reason of such damage. Landlord shall be under no duty to restore any alterations, Lessee may at its option terminate this Lease improvements or additions made by delivering written notice Tenant. In all cases, due allowance shall be given to Landlord for any reasonable delays caused by adjustment of termination to Lessorinsurance loss, whereupon all rights and obligations under the Lease shall cease to existstrikes, labor difficulties or any cause beyond Landlord's control.

Appears in 1 contract

Samples: Lease Agreement (Novellus Systems Inc)

Fire and Casualty. a. If the Leased Premises should be totally destroyed by fire, tornado or other casualty, or if the Leased Premises should be so damaged so that rebuilding or repairs cannot reasonably be completed within one hundred eighty (180) working days after the date of written notification by Lessee to Lessor of the destruction, this Lease shall terminate and the rent shall be abated for the unexpired portion of the Lease, effective as of the date of the written notification. a. If the Leased Premises should be partially damaged by fire, tornado or other casualty, and rebuilding or repairs can reasonably be completed within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, but Lessor may at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the condition in which they existed prior to the damage. If the Leased Premises are to be rebuilt or repaired and are untenable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under the Lease shall cease to exist.

Appears in 1 contract

Samples: Commercial Lease Agreement (Data Return Corp)

Fire and Casualty. a. (a) If the Leased Premises should be totally destroyed by fire, tornado fire or other casualty, or if the Leased Premises should be so damaged so that rebuilding or repairs cannot reasonably be completed within one hundred and eighty (180) working days after the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, this Lease shall terminate and the rent shall be abated for the unexpired portion of the Leaselease, effective as of the date of the written notification. a. If (b) f the Leased Premises should be partially damaged by fire, tornado fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety one hundred eighty (90180) working days from the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, this Lease shall not terminate, but Lessor Landlord may at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the Leased Premises are to be rebuilt or repaired and are untenable untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of LesseeTenant, its agents, employees, invitees or those for whom Lessee Tenant is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenable untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety one hundred eighty (90180) working days from the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, Lessee except as caused by delay which was beyond the control of Landlord, Tenant may at its option terminate this Lease by delivering written notice of termination to LessorLandlord, whereupon all rights and obligations under the this Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Agreement (1847 Holdings LLC)

Fire and Casualty. a. (a) If the Leased Premises leased premises should be totally destroyed by fire, tornado or other casualty, or if the Leased Premises leased premises should be so damaged so that rebuilding or repairs cannot reasonably be completed within one hundred and eighty (180) working days after the date of written notification by Lessee to Lessor of the destruction, this Lease shall terminate and the rent shall be abated for the unexpired portion of the Lease, effective as of the date of the written notification. a. (b) If the Leased Premises leased premises should be partially damaged by fire, tornado or other casualty, and rebuilding or repairs can reasonably be completed within ninety one hundred and eighty (90180) working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, but Lessor may at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the condition in which they existed prior to the damage. If the Leased Premises leased premises are to be rebuilt or repaired and are untenable untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises leased premises are untenable untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety one hundred and eighty (90180) working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under the Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Agreement (AutoWeb, Inc.)

Fire and Casualty. a. (a) If the Leased Premises leased premises should be totally destroyed by fire, tornado fire or other casualty, or if the Leased Premises leased premises should be so damaged so that rebuilding or repairs cannot reasonably be completed within one hundred eighty ninety (18090) working days after the date of written notification by Lessee to Lessor of the destruction, this Lease shall terminate and the rent shall be abated for the unexpired portion of the Lease, effective as of the date of the written notification. a. (b) If the Leased Premises leased premises should be partially damaged by fire, tornado fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, but Lessor may at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the Leased Premises leased premises are to be rebuilt or repaired and are untenable untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises leased premises are untenable untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under the this Lease shall cease to exist.

Appears in 1 contract

Samples: Commercial Lease Agreement (Novellus Systems Inc)

Fire and Casualty. a. (a) If the Leased Premises should be totally destroyed by fire, tornado or other casualty, or if the Leased Premises should be so damaged so that rebuilding or repairs cannot reasonably be completed within one hundred and eighty (180) working days after the date of written notification by Lessee to Lessor of the destruction, this Lease shall terminate and the rent shall be abated for the unexpired portion of the Lease, effective as of the date of the written notification. In no event shall rent be paid by Lessee when the building is not in an acceptable condition as it relates to the casualties described in this paragraph. a. (b) If the Leased Premises should be partially damaged by fire, tornado or other casualty, and rebuilding or repairs can reasonably be completed within ninety one hundred and eighty (90180) working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, but Lessor may at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements Building to substantially the condition in which they existed prior to the damage. If the Leased Premises are to be rebuilt or repaired and are untenable untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, contractors, customers, invitees or those others for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenable untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety one hundred and eighty (90180) working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under the Lease shall cease to exist.

Appears in 1 contract

Samples: Commercial Lease Agreement (Avtel Communications Inc/Ut)

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Fire and Casualty. a. (a) If the Leased Premises leased premises should be totally destroyed by fire, tornado fire or other casualty, or if the Leased Premises leased premises should be so damaged so that rebuilding or repairs cannot reasonably be completed within one hundred eighty ninety (18090) working days after the date of written notification by Lessee to Lessor of the destruction, this Lease shall terminate and the rent shall be abated for the unexpired portion of the Lease, effective as of the date of the written notification. a. (b) If the Leased Premises leased premises should be partially damaged by fire, tornado fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, but Lessor may at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the Leased Premises leased premises are to be rebuilt or repaired and are untenable untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises leased premises are untenable untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under the Lease shall cease to exist.the

Appears in 1 contract

Samples: Real Estate Purchase Contract (Home Interiors & Gifts Inc)

Fire and Casualty. a. (a) If the Leased Premises should be totally destroyed by fire, tornado fire or other casualty, or if the Leased Premises should be so damaged so that rebuilding or repairs cannot reasonably be completed within with one hundred eighty (180) working days after the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, this Lease shall terminate and the rent shall be abated for the unexpired portion of the Lease, effective as of the date of the written notification. a. (b) If the Leased Premises or the Building should be partially damaged by fire, tornado fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety one hundred eighty (90180) working days from the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, this Lease shall not terminate, but Lessor Landlord may at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building Building or other improvements to substantially the same condition in which they existed prior to the damage. If the Leased Premises are to be rebuilt or repaired and are untenable untenantable in whole or in part following the damage, and provided the damage or destruction was not caused or contributed to by act, failure to act or negligence of LesseeTenant, its agents, employees, invitees or those for whom Lessee Tenant is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenable untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor Landlord fails to complete the necessary repairs or rebuilding within ninety one hundred eighty (90180) working days from the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, Lessee Tenant may at its option terminate this Lease by delivering written notice of termination to LessorLandlord, whereupon all rights and obligations under the this Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Addendum (Hologic Inc)

Fire and Casualty. a. (a) Substantial Damage If the Leased Premises should be totally destroyed by fire, tornado fire or other casualty, or if the Leased Premises should be so damaged so that rebuilding or repairs cannot reasonably be completed within one hundred and eighty (180) working days after the date of written notification by Lessee to Lessor of the destruction, this Lease shall terminate terminate, and if such damage shall not have been caused by the fault or neglect of Lessee, its agents, employees, invitees, or those for whom Lessee is responsible, the rent shall be abated for the unexpired portion of the Lease, effective as of the date of the written notification. a. (b) Partial_ Damage If the Leased Premises should be partially damaged by fire, tornado fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety one hundred and eighty (90180) working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, but Lessor may at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building Building or other improvements to substantially the condition same conditions in which they existed prior to the damage. If the Leased Premises are to be rebuilt or repaired and are untenable untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenable untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstancescircumstances and mutually agreed upon by both the Lessee and Lessor. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety one hundred and eighty (90180) working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under the this Lease shall cease to exist.

Appears in 1 contract

Samples: Commercial Lease Agreement (Sb Merger Corp)

Fire and Casualty. a. A. If the Leased Lease Premises should be totally destroyed by fire, tornado fire or other casualty, or if the Leased Lease Premises should be so damaged so that rebuilding or repairs cannot reasonably be completed within one hundred eighty (180) 60 working days after the date of written notification by Lessee to Lessor of the destruction, Tenant shall have the option to terminate and the Rent and other amounts due under this Lease shall terminate and the rent shall be abated for the unexpired portion of the Lease, stop effective as of the date day of the written notificationdestruction. a. B. If the Leased Lease Premises should be partially damaged by fire, tornado fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety (90) 60 working days from the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, this Lease shall not terminate, but Lessor may terminate and Landlord will at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building Lease Premises or other improvements to substantially the same condition in which they existed prior to the damage, provided, however, that Landlord shall have no obligation to restore or repair any alteration(s) or improvement(s) made by Tenant to the Lease Premises at Tenant's cost. If the Leased Lease Premises are to be rebuilt or repaired and are untenable untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or of gross negligence of LesseeTenant, its agents, employees, invitees or those for whom Lessee Tenant is responsible, the rent payable under this Lease during the period for which the Leased Lease Premises are untenable untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstanceson a prorated basis. In the event that Lessor Landlord fails to complete the necessary repairs or rebuilding within ninety (90) 60 working days from the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, Lessee Tenant may at its option terminate this Lease by delivering written notice of termination to LessorLandlord, whereupon all rights and obligations under the this Lease shall cease to exist.

Appears in 1 contract

Samples: Commercial Lease Agreement (Sunstar Healthcare Inc)

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