Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as to render the Premises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglary.
Fire and Other Casualty. 15.1 If the Demised Premises or any part thereof, shall be damaged by fire or other casualty, Tenant shall give notice thereof to Landlord promptly after becoming aware of such damage, and this Lease shall continue in full force and effect except as hereinafter set forth.
15.2 If the Demised Premises is totally or partially damaged or rendered partially unusable by fire or other casualty, the damage thereto shall be promptly repaired by and at the expense of Tenant (including the use by Tenant of any or all proceeds of Tenant’s fire and casualty insurance policy) to the same condition, design and specifications as existed immediately before such damage or destruction, in a good and workmanlike manner in compliance with all Legal Requirements. Tenant shall retain all insurance proceeds derived from its policies not used in the restoration of the Demised Premises.
15.3 Subject to the provisions of Section 15.5 below, nothing in this Lease shall be deemed to release either party hereto from liability for damages resulting from the fault or negligence of said party or its agents.
15.4 Tenant acknowledges that Landlord will not carry insurance on improvements on the Demised Premises or on Tenant’s fixtures, equipment or personal property, and agrees that Landlord will not be obligated to repair any damage thereto or to replace the same.
15.5 Notwithstanding anything to the contrary contained herein and to the extent available, every property insurance policy carried by either party shall include provisions denying to the insurer subrogation rights against the other party (and, as to Landlord, any fee mortgagee), to the extent such rights have been waived by the insured prior to the occurrence of damage or loss. Each party hereby waives any rights of recovery against the other party for any direct damage or consequential loss covered by said policies against which such party is protected by insurance, to the extent of the proceeds paid under such policies, whether or not such damage or loss shall have been caused by any acts or omissions of the other party.
Fire and Other Casualty. If the demised premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate notice thereof to Owner and this lease shall continue in full force and effect except as hereinafter set forth.
Fire and Other Casualty. If during the term of this Lease any of the ----------------------- buildings comprising the Demised Property shall be partially or totally destroyed by fire or other casualty or peril then the following shall be applicable:
(a) If, in Landlord's reasonable opinion (to be given to Tenant not later than ten (10) days after notice to Landlord by Tenant of the happening of such damage or destruction), the building or buildings cannot be repaired or restored within a period of one hundred eighty (180) days from the date of such opinion, then either Landlord or Tenant may, within ten (10) days next succeeding the giving of such opinion by Xxxxxxxx, terminate this Lease by giving notice to the other of such termination. In that event, this Lease shall terminate as to that building or buildings but shall remain in effect as to the remaining building or buildings (unless the only other remaining building is Building A in which event Tenant may terminate this Lease) and the rent and all other payments for which Tenant may be liable under the terms of this Lease shall be prorated and paid in full to the date of such destruction or damage. If neither Landlord nor Tenant so terminate this Lease, then Landlord shall repair or restore the building or buildings with reasonable diligence and the rent shall xxxxx on each damaged building from the date of the happening of such damage or destruction until that building has been repaired or restored to the extent reasonably necessary to enable Tenant to again use and occupy the building, and Landlord shall repair or restore the building with reasonable diligence. Provided Landlord is proceeding with reasonable diligence to repair or restore the building, Landlord shall not be responsible for any delays beyond the reasonable control of Landlord which prevent such repair or restoration from being completed within such one hundred eighty (180) day period.
(b) If, in Landlord's reasonable opinion (to be given to Tenant not later than ten (10) days after notice to Landlord by Tenant of the happening of such damage or destruction), the building or buildings can be repaired or restored as set forth is subparagraph (b) above within one hundred eighty (180) days from the date of such opinion, and the damage or destruction is such that a building is capable of being partially used by Tenant, then, until such damage has been repaired or restored, the rent shall xxxxx in the proportion which that part of the building which is rendered un...
Fire and Other Casualty. In the event that all or any portion of any improvements or fixtures within the Premises shall be totally or partially destroyed or damaged by fire or other casualty, then, at Tenant’s election, either: (i) this Lease shall continue in full force and effect, and, subject to the applicable provisions of this Lease, Tenant, at Tenant’s sole cost and expense, may, but shall not be obligated to, rebuild or repair the same; or (ii) this Lease shall terminate with respect to all of the Premises or to such portions of the Premises as Tenant may elect. Landlord and Tenant agree that the provisions of A.R.S. § 33-343 shall not apply to this Lease. In the event that, subject to the applicable provisions of this Lease, Tenant elects to repair or rebuild the improvements, any such repair or rebuilding shall be performed at the sole cost and expense of Tenant. If there are insurance proceeds resulting from such damage or destruction, Tenant shall be solely entitled to such proceeds, whether or not Tenant rebuilds or repairs the improvements or fixtures, subject to the applicable provisions of this Lease and of any Leasehold Mortgage.
Fire and Other Casualty. 16.1 If the Premises shall be partially or totally damaged or destroyed by fire or other casualty, then, whether or not resulting from the fault or neglect of Tenant, or its servants, employees, agents, visitors or licensees, Tenant shall immediately notify Landlord and shall, at its sole cost, promptly take all steps required by Legal Requirements and Insurance Requirements to render the Premises safe pending adjustment of the insurance loss and completion of all Casualty Repairs (as defined below), including without limitation, making temporary repairs, necessary to protect the Premises. Tenant shall promptly following such damage or destruction, at its own cost and expense and without regard to any insurance proceeds, commence to and diligently proceed to repair the damage and to restore, replace, and rebuild the Premises, and the equipment on, in or appurtenant thereto at least to the extent of the value and as nearly as possible to the character thereof prior to such damage (“Casualty Repairs”). In no event shall Landlord be obligated to repair, replace or rebuild the Premises or to pay or provide for any of the expenses or costs thereof. However, provided that no Event of Default has occurred, Landlord shall pay to Tenant any net insurance proceeds actually received by Landlord and subject to the claims of any third parties, including, without limitation, any Fee Mortgagee. If the insurance proceeds shall be insufficient to complete the Casualty Repairs, Tenant shall pay the additional sums required, and if the amount of the insurance proceeds shall be in excess of the cost of the Casualty Repairs, the excess shall be paid to Tenant.
16.2 Before beginning the Casualty Repairs or letting any contracts in connection therewith, Tenant shall submit for Landlord’s approval, which approval shall not be unreasonably withheld or delayed, complete and detailed plans and specifications thereof. Any Casualty Repair or series of Casualty Repairs having an aggregate estimated cost in excess of fifty thousand dollars ($50,000) shall be conducted under the supervision of a licensed architect or engineer selected by Tenant and reasonably satisfactory to Landlord
16.3 If the Premises or any part thereof is damaged by fire or other casualty, the Fixed Annual Rent and Additional Rent payable hereunder shall not xxxxx or be diminished.
Fire and Other Casualty. In the event the Leased Premises is partially or totally destroyed or damaged by fire or other casualty, Lessor may, at its option, terminate this Agreement, and in such event, the Base Rental hereunder shall be prorated for such month during which Lessor's termination occurs and shall not be due thereafter. In the event the Lessor does not so terminate this Agreement, then, subject to the following provisions of this Section 14, Lessor may proceed as soon as is reasonably practicable, at its sole cost and expense to the extent of Lessor's insurance proceeds available, if any, to repair and restore the Leased Premises to substantially the same condition as that before the damage occurred; provided, further, the Base Rental due from Lessee hereunder shall be abated during the period of restoration to the extent of the unusable portion of the Leased Premises. In the event Lessor does not complete such repair and restoration within six (6) months from the date of damage or destruction, Lessee may terminate this Agreement. In the event the damage or destruction to the Leased Premises through fire or other casualty is directly or indirectly attributable to any act of fault or negligence on the part of Lessee, and/or its agents, employees, licensees, or invitees, then (i) such damage or destruction to the Leased Premises, the Building, and/or the Property shall be promptly repaired by Lessee, at its sole cost and expense; (ii) the Base Rental shall not xxxxx during such period of restoration and refurbishment; (iii) Lessee shall not be entitled to terminate this Agreement; and
Fire and Other Casualty. The Tenant shall notify the Landlord at once of any fire or other casualty in the Rental Space. The Tenant is not required to pay Rent when the Rental Space is unusable. If the Tenant uses part of the Rental Space, the Tenant must pay Rent pro-rata for the usable part. If the Rental Space is partially damaged by fire or other casualty, the Landlord shall repair it as soon as possible. This includes the damage to the Rental Space and fixtures installed by the Landlord. The Landlord need not repair or replace anything installed by the Tenant. Either party may cancel this Lease if the Rental Space is so damaged by fire or other casualty that it cannot be repaired within 18 days. If the parties cannot agree, the opinion of a contractor chosen by the Landlord and the Tenant will be binding on both parties. This Lease shall end if the Rental Space is totally destroyed. The Tenant shall pay Rent to the date of Destruction.
Fire and Other Casualty. 16 A. Termination.......................................................16 B. Restoration.......................................................17
Fire and Other Casualty. The Tenant is liable for the acts and neglect of the Tenant, the Tenant's pets, family members, guests, visitors and contractors (even if consented to by Landlord). The Tenant shall notify the Landlord at once if there is damage to the Apartment by fire, water, organic (e.g., mold) or other hazard. If the damage is caused by the Tenant's negligence or misconduct or that of the Tenant's pets, family members, guests, visitors or contractors (even if consented to by Landlord), the Tenant shall remain liable for the payment of the rent during the period the Apartment is being repaired. If the fire or other casualty is caused by the act or neglect of the Tenant or that of the Tenant's pets, family members, guests, visitors or contractors (if consented to by Landlord), the Tenant shall pay for repairs and all other damages. This includes the damage to the Apartment and fixtures installed by the Landlord as well as any loss of rent attributable to the fire or casualty originating in the Tenant's Apartment. The Landlord need not repair or replace anything installed by the Tenant. The Landlord may cancel this Lease if the Apartment is so damaged by fire or other casualty that it cannot be repaired within fifteen (15) days. The Tenant may not cancel this Lease if the fire or other casualty is caused by the act or neglect of the Tenant or that of the Tenant's pets, family members, guests, visitors or contractors (even if consented to by Landlord).
