Common use of Fire and Other Casualties Clause in Contracts

Fire and Other Casualties. If the rental space is damaged or destroyed by fire or other casualty, Tenant shall give prompt notice thereof to Landlord. a. If in the mutual judgment of Tenant and Landlord, the rental space is not usable for Tenant’s purposes the Landlord may, at its option, either terminate this Sub-lease or elect to repair and/or rebuild the Rental space. The Landlord shall notify the Tenant as to its election within thirty (30) days after Tenant’s notice to Landlord. If the Landlord elects to terminate this Sub-lease, the Sub-lease shall be deemed terminated as of the date of the casualty, any rent paid being appropriately apportioned. If the Landlord elects to rebuild and/or repair the Rental space, the Landlord and Tenant shall, as soon as possible after receipt by Tenant of Landlord’s notice, enter into good faith negotiations to determine the terms for the repair or rebuilding of the rental space, it being understood that in no event shall rent accrue or be payable hereunder between the date of the casualty and completion of all repairs. If, within sixty (60) days after Tenant has notified Landlord of the occurrence of a casualty, no satisfactory terms have been reached, the Tenant may terminate the Sub-lease without liability as of the date of casualty, any rent paid being appropriately apportioned. All such work to be performed by Landlord, hereunder shall be done in such manner that upon completion thereof, the Rental space as restored shall be as useful for its intended purposes as immediately prior to the occurrence of the casualty. b. If, in the mutual judgment of the Landlord and Tenant, the Rental space is usable for Tenant’s purposes, such destruction shall in no way annul or void the Sub-lease, except that, the annual rent payable under Para. 1 hereof shall be appropriately reduced and adjusted between Landlord and Tenant as of the date of the occurrence of the casualty, which reduction shall be in accordance with the ratio which the area of the damaged Rental space bears to the area of the rental space prior to the occurrence of the casualty. The Landlord shall restore the Rental space within a single one hundred twenty (120) day period; provided, however, that in the event Landlord is unable to complete the necessary repairs within said one hundred twenty (120) day period because of events beyond its control, such as inclement weather, strikes, lack of an available work force, or acts of God, then the one hundred twenty (120) day period shall be adjusted to reflect the delays caused by such events.

Fire and Other Casualties. If In the rental space is damaged event the Building or Premises shall be destroyed by fire or other casualtyrendered untenantable, Tenant shall give prompt notice thereof to Landlord. a. If either in the mutual judgment of Tenant and Landlordwhole or in part, the rental space is not usable for Tenant’s purposes the Landlord may, at its it's option, either terminate restore the Building and Premises to the condition existing just prior to the casualty and Tenant's rent for that portion of the Premises rendered unfit for occupancy shall xxxxx until the Building and Premises have been fully restored or this Sub-lease or elect to repair and/or rebuild the Rental spaceLease has been terminated. The Landlord shall notify the Tenant as to its election within Within thirty (30) days after Tenant’s of the date of the casualty, Landlord shall give Tenant written notice to Landlordindicating whether or not Landlord will restore the Building and Premises. If the Landlord elects to terminate this Sub-leaserestore, the Sub-notice must indicate how long the restoration is expected to take. If Premises are not restored within one hundred and twenty (120) days from the date of such casualty to substantially the same condition as before the casualty, Tenant shall have the right to cancel this lease shall be deemed terminated as of the date of the casualty. (A) If Landlord does not give Tenant the required notice within the thirty (30) day period or Landlord's notice does not include the required information, any rent paid being appropriately apportionedTenant may give Landlord a written notice indicating the default and Landlord shall have ten (10) days from date of Tenant's notice to issue or re-issue the notice. If at the end of the ten (10) day period Landlord elects to rebuild and/or repair the Rental space, the Landlord and has not given Tenant shall, as soon as possible after receipt by Tenant of Landlord’s said notice, enter into good faith negotiations to determine the terms for the repair or rebuilding of the rental space, it being understood that in no event this Lease shall expire and rent accrue or shall be payable hereunder between abated from the date of the casualty and completion without further action on the part of all repairs. If, within sixty (60) days after Tenant has notified either Landlord of the occurrence of a casualty, no satisfactory terms have been reached, the Tenant may terminate the Sub-lease without liability as of the date of casualty, any rent paid being appropriately apportioned. All such work to be performed by Landlord, hereunder shall be done in such manner that upon completion thereof, the Rental space as restored shall be as useful for its intended purposes as immediately prior to the occurrence of the casualtyor Tenant. b. If(B) If Landlord's notice indicates that Landlord does not intend to restore the Building and Premises, in the mutual judgment of the Landlord and Tenant, the Rental space is usable for Tenant’s purposes, such destruction this Lease shall in no way annul or void the Sub-lease, except that, the annual rent payable under Para. 1 hereof shall be appropriately reduced and adjusted between Landlord and Tenant terminate automatically as of the date of the occurrence casualty without further action on the part of either the casualty, which reduction shall Landlord or Tenant. (C) If Landlord's notice indicates that Landlord intends to restore and the restoration will not be in accordance with the ratio which the area of the damaged Rental space bears to the area of the rental space prior to the occurrence of the casualty. The Landlord shall restore the Rental space substantially complete within a single one hundred twenty (120) day period; provideddays from the date of casualty, Tenant shall have the option to cancel this Lease by giving Landlord written notice within ten (10) days of receipt of Landlord's notice. In the event the Tenant should not cancel the Lease, Landlord will proceed to restore the Building and Premises in accordance with Landlord's notice to Tenant and Tenant's rent for the space unfit for occupancy shall remain abated until the Premises are again tenantable, however, if the restoration is not complete within 110% of the time indicated in Landlord's notice, Tenant shall have an additional option to cancel this Lease by giving Landlord written notice within ten (10) days. (D) If Landlord's notice shall indicate that Landlord will restore in the event Landlord is unable to complete the necessary repairs within said one hundred twenty (120) day period because days or less from the date of events beyond its controlcasualty, such as inclement weatherthe Landlord will proceed with the restoration and Tenant's rent for the space unfit for occupancy shall remain abated until Premises shall again be tenantable, strikeshowever, lack if the restoration is not complete within 110% of an available work forcethe time indicated in Landlord's notice, or acts of God, then Tenant shall have the one hundred twenty option to cancel this Lease by giving Landlord written notice within ten (12010) day period shall be adjusted to reflect the delays caused by such eventsdays.

Fire and Other Casualties. If the rental space is Premises are damaged or destroyed by fire or other casualty, Tenant shall give prompt notice thereof to Landlord. a. If in the mutual judgment of Tenant and Landlordeither party, the rental space is Premises are not usable for Tenant’s 's purposes the Landlord either party may, at its their option, either terminate this Sub-lease Lease or elect to repair and/or rebuild the Rental spacePremises. The Landlord Either party shall notify the Tenant other as to its election within thirty (30) days after Tenant’s notice to Landlordsaid notice. If the Landlord either party elects to terminate this Sub-leaseLease, the Sub-lease Lease shall be deemed terminated as of the date of the casualty, any rent paid being appropriately apportioned. If the Landlord either party elects to rebuild and/or repair the Rental spacePremises, the Landlord and Tenant then either party shall, as soon as possible after receipt by Tenant of Landlord’s notice, they shall enter into good faith negotiations to determine the terms for the repair or rebuilding of the rental spacePremises, it being understood that in no event shall rent accrue or be payable hereunder between the date of the casualty and completion of all repairs. If, ; within sixty (60) days after Tenant has notified Landlord notification of the occurrence of a casualty, no satisfactory terms have been reached, the Tenant then either party may terminate the Sub-lease Lease without liability as of the date of casualty, any rent paid being appropriately apportioned. All such work to be performed by Landlord, hereunder shall be done in such manner that upon completion thereof, the Rental space Premises as restored shall be as useful for its intended purposes as immediately prior to the occurrence of the casualty. b. If, in the mutual judgment of the Landlord and Tenant, the Rental space is Premises are usable for Tenant’s 's purposes, such destruction shall in no way annul or void the Sub-leaseLease, except that, the annual rent payable under Para. 1 hereof shall be appropriately reduced and adjusted between Landlord and Tenant as of the date of the occurrence of the casualty, which reduction shall be in accordance with the ratio which the area of the damaged Rental space Premises bears to the area of the rental space Premises prior to the occurrence of the casualty. The Landlord shall restore the Rental space Premises within a single one hundred twenty (120) day period; days period of Tenant shall have the right to cancel this lease without being liable to Landlord for any rent or damages whatsoever at any time before such restoration is completed, provided, however, that in the event Landlord is unable to complete the necessary repairs within said one hundred twenty (120) day period because of events beyond its control, such as inclement weather, strikes, lack of an available work labor force, or acts of God, then the one hundred twenty (120) day period shall be adjusted to reflect the delays caused by such events. Both parties agree to subrogate to each other's insurance carrier.

Fire and Other Casualties. A. The Tenant must give the Landlord prompt notice of any fire, accident, damage or dangerous or defective condition occurring at, or to, the Premises. If the Premises are rendered totally unusable because of fire or other casualty, the Tenant is not required to pay the Rent for the time the Premises are totally unusable, but only to the extent that the Landlord is receiving the proceeds from the Tenant's loss of rental space value insurance coverage maintained under paragraph 30 herein. If a part of the Premises is usable, the Landlord need only repair the damaged structural parts of the Premises. The Landlord is not required to repair or destroyed replace any equipment, fixtures, furnishings or decorations. The Landlord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under the Landlord's control. B. If a fire or other casualty is caused by an act, or the neglect, of the Tenant, the Tenant's employees or invitees, then all necessary repairs will be made at the Tenant's expense and the Tenant must pay the full Rent with no adjustment. The cost of such repairs are agreed to be additional rent. C. The Landlord has the right to demolish or rebuild any building on the Premises if there is substantial damage to it by fire or other casualty, Tenant shall give prompt notice thereof to Landlord. a. If in the mutual judgment of Tenant and Landlord, the rental space is not usable for Tenant’s purposes the Landlord may, at its option, either terminate this Sub-lease or elect to repair and/or rebuild the Rental space. The Landlord shall notify the Tenant as to its election may cancel this Lease within thirty (30) days after Tenant’s any substantial damage due to fire or other casualty by giving the Tenant notice of the Landlord's intention to demolish or rebuild. This Lease will end thirty (30) days after the Landlord's cancellation notice to Landlordthe Tenant. If The Tenant must deliver the Premises to the Landlord elects on or before the cancellation date in such notice and pay all rent due to terminate this Sub-lease, the Sub-lease shall be deemed terminated as of the date of the fire or other casualty, any rent paid being appropriately apportioned. If the Landlord elects to rebuild and/or repair the Rental spacethis Lease is canceled, the Landlord and Tenant shall, as soon as possible after receipt by is not required to repair any portion of the Premises. Such a cancellation does not release the Tenant of Landlord’s noticeliability in connection with such fire or other casualty if the casualty or fire is caused by the Tenant or the negligence or omission of the Tenant, enter into good faith negotiations its employees, invitees or agents. The provisions of this paragraph are intended to determine replace the terms for the repair or rebuilding of Section 227 of the rental space, it being understood that in no event shall rent accrue or be payable hereunder between the date of the casualty and completion of all repairs. If, within sixty (60) days after Tenant has notified Landlord of the occurrence of a casualty, no satisfactory terms have been reached, the Tenant may terminate the Sub-lease without liability as of the date of casualty, any rent paid being appropriately apportioned. All such work to be performed by Landlord, hereunder shall be done in such manner that upon completion thereof, the Rental space as restored shall be as useful for its intended purposes as immediately prior to the occurrence of the casualtyNew York Real Property Law. b. If, in the mutual judgment of the Landlord and Tenant, the Rental space is usable for Tenant’s purposes, such destruction shall in no way annul or void the Sub-lease, except that, the annual rent payable under Para. 1 hereof shall be appropriately reduced and adjusted between Landlord and Tenant as of the date of the occurrence of the casualty, which reduction shall be in accordance with the ratio which the area of the damaged Rental space bears to the area of the rental space prior to the occurrence of the casualty. The Landlord shall restore the Rental space within a single one hundred twenty (120) day period; provided, however, that in the event Landlord is unable to complete the necessary repairs within said one hundred twenty (120) day period because of events beyond its control, such as inclement weather, strikes, lack of an available work force, or acts of God, then the one hundred twenty (120) day period shall be adjusted to reflect the delays caused by such events.

Fire and Other Casualties. 11.01 - Untenantability If the rental space is damaged Premises are made untenantable in whole or destroyed in part by fire or other casualty, Tenant the fixed monthly rent, additional rent and other charges, until repairs shall give prompt notice thereof be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to Landlord. a. the part of the Premises which is usable by Tenant, if, but only if, such fire or other casualty ARE NOT SHOWN TO HAVE BEEN caused by Tenant's FAILURE TO PROPERLY MAINTAIN ITS fixtures or equipment or by fault or negligence of Tenant, its contractors, agents or employees. If in such damage shall be so extensive that the mutual judgment Premises cannot be restored by Landlord within a period of Tenant and Landlord, the rental space is not usable for Tenant’s purposes the Landlord may, at its optionnine (9) months, either terminate party shall have the right to cancel this Sub-lease or elect Lease by notice to repair and/or rebuild the Rental space. The Landlord shall notify the Tenant as to its election other given at any time within thirty (30) days after Tenant’s notice to Landlord. If the Landlord elects to terminate this Sub-lease, the Sub-lease shall be deemed terminated as of the date of the casualtysuch damage, any rent paid being appropriately apportionedexcept that if such fire or casualty ARE SHOWN to be due to Tenant's FAILURE TO PROPERLY MAINTAIN ITS fixtures or equipment or due to Tenant's fault or negligence Tenant shall have no right to cancel. If the Landlord elects to rebuild and/or repair the Rental space, the Landlord and Tenant shall, as soon as possible after receipt by Tenant of Landlord’s notice, enter into good faith negotiations to determine the terms for the repair or rebuilding a portion of the rental space, it being understood Building other than the Premises shall be so damaged that in no event shall rent accrue or the opinion of Landlord the Building should be payable hereunder between restored in such a way as to alter the Premises materially, Landlord may cancel this Lease by notice to Tenant given at any time within thirty (30) days after the date of such damage. In the casualty event of giving effective notice pursuant to this paragraph, this Lease and completion of all repairs. If, within sixty the term and the estate hereby granted shall expire on the date fifteen (6015) days after Tenant has notified Landlord the giving of such notice as fully and completely as if such date were the date hereinbefore set for the expiration of the occurrence term of this Lease. If this Lease is not so terminated, Landlord will promptly (taking into account the time necessary to obtain required permits and approvals and the time necessary to effectuate a casualty, no satisfactory terms have been reached, settlement with Landlord's insurance company) restore the damage insured by Landlord pursuant to paragraph 10.02. Tenant may terminate hereby expressly waives the Sub-lease without liability as provisions of Section 227 of the date New York Real Property Law and agrees that the foregoing provisions of casualty, any rent paid being appropriately apportioned. All such work to be performed by Landlord, hereunder this paragraph 11.01 shall be done govern and control in such manner that upon completion lieu thereof, the Rental space as restored shall be as useful for its intended purposes as immediately prior to the occurrence of the casualty. b. If, in the mutual judgment of the Landlord and Tenant, the Rental space is usable for Tenant’s purposes, such destruction shall in no way annul or void the Sub-lease, except that, the annual rent payable under Para. 1 hereof shall be appropriately reduced and adjusted between Landlord and Tenant as of the date of the occurrence of the casualty, which reduction shall be in accordance with the ratio which the area of the damaged Rental space bears to the area of the rental space prior to the occurrence of the casualty. The Landlord shall restore the Rental space within a single one hundred twenty (120) day period; provided, however, that in the event Landlord is unable to complete the necessary repairs within said one hundred twenty (120) day period because of events beyond its control, such as inclement weather, strikes, lack of an available work force, or acts of God, then the one hundred twenty (120) day period shall be adjusted to reflect the delays caused by such events.

Fire and Other Casualties. (a) Tenant at Its expense, throughout the term of this Lease and for the mutual benefit of the Landlord and Tenant, shall maintain general liability insurance against claims for bodily injury or death and property damage occurring upon, in or about the Leased Premises, affording protection to a limit of not less than $1,000,000.00 Combined Single Limit Per Accident or Occurrence. (b) The insurance provided for in this section shall be affected under valid and enforceable policies issued by insurers of recognized responsibility and acceptable to Landlord and Landlord's mortgagee, and such policies shall name Landlord and Tenant as the assureds as their respective interests may appear. The Landlord shall be named as an additional insured under all insurance policies required herein. (c) Tenant shall furnish Landlord, upon written request from Landlord, from time to time certificates evidencing the policies of insurance required by It pursuant to this section and shall deliver certified copies of such policies to Landlord's mortgagee if required by it. (d) If the rental space Leased Premises is damaged or totally destroyed by fire or other casualtycasualty or is damaged by fire or other casualty to the extent of 50% or more, this Lease at the Landlord's or Tenant's option shall terminate; in the event of such termination, Tenant shall give prompt notice thereof have six (6) months to Landlordprocure other reasonably suitable quarters and any unearned rent paid or credited in advance shall be refunded. If so terminated, Landlord shall be entitled to the insurance proceeds collectible by reason of such damage or destruction. If not so terminated, then the Landlord forthwith and with due diligence shall repair and restore such buildings to their condition immediately prior to such damage and the rent shall be abated proportionately during the period of restoration. a. If (e) The Tenant shall reimburse Landlord for the amount any increase in premiums over base year 1991 (at its pro rata share of 4.75%) for fire, extended coverage, and Landlord's liability coverage including flood insurance, if any, consistent with its current insurance policy covering the complex of which the Leased Premises is a part, and which is attached hereto as an exhibit. If, because of Tenant's occupancy, it shall be impossible to obtain fire insurance on the buildings and improvements on the Leased Premises in an amount and in the mutual judgment form and in fire insurance companies licensed in the State of New Jersey, then after providing Tenant with written notice that such insurance is unattainable, Tenant shall have fifteen (15) days to procure such insurance policy's reasonably acceptable to the Landlord. In the event Tenant fails to obtain such insurance within said 15 day term the Landlord may, if Landlord so elects, at any time thereafter, terminate Lease and the term thereof on giving the Tenant thirty (30) days written notice of Landlord's intention to do so, and, upon giving such notice, this Lease and the rental space is Term thereof shall terminate and come to an end. If any of the policies of insurance that are provided to be obtained and maintained by Tenant or Landlord cannot usable be obtained and/or kept in force because of Tenant's use of the Leased Premises, and Tenant shall fail to commence to cure, remedy and correct the condition which makes it impossible to obtain and keep in force said policies within thirty (30) days after written notice given by Landlord to Tenant, and Tenant fails, neglects or refuses to proceed diligently to cure such condition, Landlord may terminate this Lease by giving at least thirty (30) days notice of such termination to Tenant, and this Lease shall terminate at the expiration of said thirty (30) days with the same force and affect as if that were the original expiration date thereof, and Tenant shall be and remain liable to Landlord for all damages and losses suffered by it in the same manner as if this Lease were terminated for any other default of Tenant’s purposes the . In lieu of exercising such right of termination, Landlord may, at its option, either terminate this Sub-lease obtain such policies at regular or elect increased rates and pay the premiums thereof and Tenant shall reimburse Landlord for the amount of such premium upon demand, and if not paid, the amount thereof, together with interest at two (2%) percent per month, shall be added to repair and/or rebuild the Rental spaceamount of the next month's rent as additional rent. The Landlord shall notify If, due to the Tenant's use of the Leased premises, the insurance rates are increased on the entire building, contents and liability, the Tenant as shall reimburse the increased cost to its election within thirty (30) days after Tenant’s notice to Landlord. If the Landlord elects to terminate this Sub-lease, the Sub-lease shall be deemed terminated as of the date of the casualty, any rent paid being appropriately apportioned. If the Landlord elects to rebuild and/or repair the Rental space, the Landlord and Tenant shallother tenants for their increased cost. Landlord, as soon as possible after receipt by Tenant on request of Landlord’s noticeTenant, enter into good faith negotiations to determine the terms for the repair or rebuilding of the rental space, it being understood that in no event shall rent accrue or be payable hereunder between the date of the casualty and completion of all repairs. If, within sixty (60) days after Tenant has notified Landlord of the occurrence of a casualty, no satisfactory terms have been reached, provide the Tenant may terminate the Sub-lease without liability as of the date of casualty, with any rent paid being appropriately apportioned. All such work insurance documentation which pertains to be performed by Landlord, hereunder shall be done in such manner that upon completion thereof, the Rental space as restored shall be as useful for its intended purposes as immediately prior to the occurrence of the casualtyrate changes. b. If, in the mutual judgment of the Landlord and Tenant, the Rental space is usable for Tenant’s purposes, such destruction shall in no way annul or void the Sub-lease, except that, the annual rent payable under Para. 1 hereof shall be appropriately reduced and adjusted between Landlord and Tenant as of the date of the occurrence of the casualty, which reduction shall be in accordance with the ratio which the area of the damaged Rental space bears to the area of the rental space prior to the occurrence of the casualty. The Landlord shall restore the Rental space within a single one hundred twenty (120) day period; provided, however, that in the event Landlord is unable to complete the necessary repairs within said one hundred twenty (120) day period because of events beyond its control, such as inclement weather, strikes, lack of an available work force, or acts of God, then the one hundred twenty (120) day period shall be adjusted to reflect the delays caused by such events.