Common use of FIRE AND OTHER DAMAGE Clause in Contracts

FIRE AND OTHER DAMAGE. (a) If the Premises shall be partially damaged by fire or other casualty, the Concessionaire shall give immediate notice thereof to the City and the same shall be repaired at the expense of the City without unreasonable delay unless the City determines that the damage is so extensive that repair or rebuilding is not feasible. From the date of such casualty until said building is so repaired, monthly Rental payments hereunder shall xxxxx in such proportion as the part of the Premises thus destroyed or rendered untenable bears to the total Floor Area of the Premises; provided, however, that if the Premises shall be so slightly injured in any such casualty as not to be rendered unfit for occupancy, the Rentals hereunder shall not cease or be abated during any repair period. In the event that the damage to the Premises should be so extensive as to render it untenable, the Rentals shall cease until such time as it shall be put in repair, but in the event the Premises is damaged by fire or other casualty to such an extent as to render it necessary in the exclusive judgment of the City not to rebuild the same, then at the option of the City, and upon notice to Concessionaire, this Agreement shall cease and come to an end and the Rentals hereunder shall be apportioned and paid up to date of such damage. If the City elects to rebuild the Premises, the City shall notify Concessionaire of such intention within thirty (30) days of the date of the damage, otherwise this Agreement shall be deemed canceled and of no further force or effect. Notwithstanding any provision above, should the destruction or damage to the Premises (to the extent of work that is to be provided as part of the City’s obligation) be so great that it will not be reasonably repaired or restored by the City within one hundred twenty (120) days to the state of fitness that existed prior to the commencement of improvements, if any, performed by Concessionaire, Concessionaire may, at Concessionaire’s option, terminate this Agreement by written notification of same given to the City within thirty (30) days after the occurrence of such casualty, or upon notification that the work will not be completed within the one hundred twenty (120) days.

FIRE AND OTHER DAMAGE. (a) If In the event that structural or permanent portions of the building within the Premises shall be partially damaged by fire or other casualty, the Concessionaire Lessee shall give immediate notice thereof to the City Department and the same shall be repaired at the expense of the City Lessor without unreasonable delay unless the City Lessor determines that (1) the damage is so extensive that repair or rebuilding is not feasible, or (2) the damage resulted from a negligent act or omission of Lessee, its officers, agents, employees, contractors, visitors or licensees in which case there shall be no suspension or termination of this Agreement or of Lessee's obligation to pay in full all charges, notwithstanding any other provisions hereunder to the contrary. Lessee acknowledges that if it is found that the damage resulted from a negligent act or omission of Lessee, its officers, agents, employees, contractors, visitors or licensees the Lessor’s insurer may elect to exercise its subrogation rights. From the date of such casualty until said building area is so repaired, monthly Rental payments hereunder shall shall, except as hereinabove provided, xxxxx in such proportion as the part of the Premises area thus destroyed or rendered untenable untenantable bears to the total Floor Area of areas assigned and the Premises; providedMinimum Annual Guarantee owed by Lessee shall be adjusted accordingly. However, however, that if the Premises an area shall be so slightly injured in any such casualty as not to be rendered unfit for occupancy, the Rentals rent hereunder shall not cease or be abated during any repair period. In the event that the damage to the Premises an area should be so extensive as to render it untenableuntenantable, the Rentals shall rent for such area shall, except as hereinabove provided, cease until such time as it shall again be put in repair, but in the event of the Premises is area being damaged by fire or other casualty to such an extent as to render it necessary in the exclusive judgment of the City Lessor not to rebuild the same, then then, at the option of the CityLessor, and upon notice to ConcessionaireLessee, this Agreement as it applies to said area shall cease and come to an end end, and the Rentals rent hereunder shall be apportioned and paid up to date of such damage. If the City Lessor elects to rebuild the Premisessaid areas, the City Lessor shall notify Concessionaire Lessee of such intention within thirty (30) days of the date of the damage, otherwise this otherwise, the Agreement as it applies to said area shall be deemed canceled and of no further force or effect. Notwithstanding The Lessor's obligations to rebuild or repair as provided herein shall in any provision above, should event be limited to restoring said area to substantially the destruction or damage to the Premises (to the extent of work that is to be provided as part of the City’s obligation) be so great that it will not be reasonably repaired or restored by the City within one hundred twenty (120) days to the state of fitness condition that existed prior to the commencement of improvementsimprovements by Lessee and shall further be limited to the extent of the insurance proceeds available to Lessor for such restoration. Lessee agrees that if the Lessor elects to repair or rebuild as provided herein, if anythen Lessee will proceed with reasonable diligence and at its sole cost and expense to rebuild, performed repair and restore its signs and fixtures provided or installed by ConcessionaireLessee, Concessionaire mayin or about the Premises in a manner and to a condition at least equal to that which existed prior to its damage or destruction. In the event Lessor elects not to repair or rebuild as provided herein, at Concessionaire’s optionand in the event that the damage or loss is covered by insurance secured by Lessee, terminate Lessee shall immediately pay over to Lessor the portion of the insurance proceeds as described below and this Agreement by written notification of same given shall then be terminated. Lessee's obligation to remit insurance proceeds to Lessor shall be limited to the City within thirty (30) days after value of the occurrence fixtures and equipment owned by the Lessor, except where damages resulted from the act omission or negligence of such casualty, or upon notification that Lessee in which case proceeds will be paid over to Lessor in accordance with the work will not be completed within the one hundred twenty (120) daysprovisions contained herein.

FIRE AND OTHER DAMAGE. (a) If 17.1 In the Premises event that structural or permanent portions of the Assigned Areas shall be partially damaged by fire or other casualtycasualty for which Concessionaire is not responsible, the Concessionaire shall give immediate notice thereof to the City County and the same shall be repaired at the expense of the City County without unreasonable delay unless the City County determines that the damage is so extensive that the repair or rebuilding is not feasible. From the date of such casualty until said building portion of the Assigned Areas is so repaired, the monthly Rental payments installments of the Minimum Annual Guarantee hereunder shall xxxxx in such proportion as the part of the Premises area thus destroyed or rendered untenable bears to untenantable, within the total Floor Area of the Premises; Assigned Areas, provided, however, that if the Premises any area shall be so slightly injured in any such casualty as not to be rendered unfit for occupancy, the Rentals hereunder such installment payments shall not cease or be abated during any repair period. In the event that the damage to the Premises impacted portion of the Assigned Areas should be so extensive as to render it untenableuntenantable, the Rentals monthly installments of the Minimum Annual Guarantee for the impacted portion of the Assigned Areas shall cease be abated until such time as it shall again be put in repair, but in the event of the Premises is area being damaged by fire or other casualty to such an extent as to render it necessary in the exclusive judgment of the City County not to rebuild the same, then then, at the option of the City, County and upon notice to Concessionaire, this Agreement shall cease and come the damaged area may be removed from the Agreement. In the event of any abatement of installments of the Minimum Annual Guarantee with respect to an end and the Rentals hereunder Assigned Areas or any portion of the Assigned Areas, Concessionaire shall be apportioned and paid up required to date of such damage. If pay to County the City elects to rebuild the PremisesPercentage Fees described in Article IV, the City shall notify Concessionaire of such intention within thirty (30) days of the date of the damage, otherwise this Agreement shall be deemed canceled and of no further force or effect. Notwithstanding any provision above, should the destruction or damage to the Premises (to the extent of work that is to be provided as part of the City’s obligation) be so great that it will not be reasonably repaired or restored by the City within one hundred twenty (120) days to the state of fitness that existed prior to the commencement of improvements, if any, performed by Concessionaire, Concessionaire may, at Concessionaire’s option, terminate this Agreement by written notification of same given to the City within thirty (30) days after the occurrence of such casualty, or upon notification that the work will not be completed within the one hundred twenty (120) dayshereof.

FIRE AND OTHER DAMAGE. (a) If 27.01 In the event the Premises shall be partially damaged by fire or other casualtycasualty through no fault of Lessee, the Concessionaire Lessee shall give immediate notice thereof to the City Lessor and the same shall be repaired repaired, at the expense of the City Lessee’s expense, without unreasonable delay delay, unless the City Lessee determines that the damage is so extensive that repair or rebuilding is not feasible. From the date of such casualty until said building is so repairedrepair, monthly Rental payments rents hereunder shall xxxxx in such based on the proportion as the part of the Premises thus destroyed destroyed, or rendered untenable untenantable, bears to the total Floor Area of the Premises; provided, however, that if the said Premises shall be so slightly injured damaged in any such casualty way so as not to be rendered unfit for occupancyunusable, the Rentals rent hereunder shall not cease or be abated during any repair period. In the event that the damage to the Premises should be so extensive as to render it untenablePremises, the Rentals shall cease until such time as it shall be put in repair, but in the event the Premises is damaged by fire or other casualty casualty, is so extensive that the Premises is rendered wholly unusable, and such damage to such an extent as to render it necessary the Premises, in the exclusive judgment of the City not Lessor, makes occupancy and use to rebuild the samebe impractical, then at the option of the CityLessor, and upon notice to ConcessionaireLessee, this Agreement Lease, as it applies to said Xxxxxxxx, shall cease and come to an end cease, and the Rentals rent hereunder shall be apportioned and paid up to date of such damage. If the City Lessee elects to rebuild restore the Premises, the City Lessee shall notify Concessionaire Lessor of such intention within thirty (30) calendar days of the date of the damage, otherwise this Agreement the Lease, as applicable to said Premises, shall be deemed canceled and of no further force or effect. Notwithstanding any provision above, should the destruction or damage to the Premises (to the extent of work that is to be provided as part of the City’s obligation) be so great that it will not be reasonably repaired or restored by the City within one hundred twenty (120) days to the state of fitness that existed prior to the commencement of improvements, if any, performed by Concessionaire, Concessionaire may, at Concessionaire’s option, terminate this Agreement by written notification of same given to the City within thirty (30) days after the occurrence of such casualty, or upon notification that the work will not be completed within the one hundred twenty (120) days.

FIRE AND OTHER DAMAGE. (a) If 27.01 In the event the Premises shall be partially damaged by fire or other casualtycasualty through no fault of Lessee, the Concessionaire Lessee shall give immediate notice thereof to the City Lessor and the same shall be repaired repaired, at the expense of the City Lessee’s expense, without unreasonable delay delay, unless the City Lessee determines that the damage is so extensive that repair or rebuilding is not feasible. From the date of such casualty until said building is so repairedrepair, monthly Rental payments rents hereunder shall xxxxx in such based on the proportion as the part of the Premises thus destroyed destroyed, or rendered untenable untenantable, bears to the total Floor Area of the Premises; provided, however, that if the said Premises shall be so slightly injured damaged in any such casualty way so as not to be rendered unfit for occupancyunusable, the Rentals rent hereunder shall not cease or be abated during any repair period. In the event that the damage to the Premises should be so extensive as to render it untenablePremises, the Rentals shall cease until such time as it shall be put in repair, but in the event the Premises is damaged by fire or other casualty casualty, is so extensive that the Premises is rendered wholly unusable, and such damage to such an extent as to render it necessary the Premises, in the exclusive judgment of the City not Lessor, makes occupancy and use to rebuild the samebe impractical, then at the option of the CityLessor, and upon notice to ConcessionaireLessee, this Agreement Lease, as it applies to said Premises, shall cease and come to an end cease, and the Rentals rent hereunder shall be apportioned and paid up to date of such damage. If the City Lessee elects to rebuild restore the Premises, the City Lessee shall notify Concessionaire Lessor of such intention within thirty (30) calendar days of the date of the damage, otherwise this Agreement the Lease, as applicable to said Premises, shall be deemed canceled and of no further force or effect. Notwithstanding any provision above, should the destruction or damage to the Premises (to the extent of work that is to be provided as part of the City’s obligation) be so great that it will not be reasonably repaired or restored by the City within one hundred twenty (120) days to the state of fitness that existed prior to the commencement of improvements, if any, performed by Concessionaire, Concessionaire may, at Concessionaire’s option, terminate this Agreement by written notification of same given to the City within thirty (30) days after the occurrence of such casualty, or upon notification that the work will not be completed within the one hundred twenty (120) days.

FIRE AND OTHER DAMAGE. If less than twenty (a20%) If percent of the usable floor area of the Premises shall be partially damaged by fire or other casualtycause, to the extent that insurance proceeds are available, the Concessionaire shall give immediate notice thereof to the City and the same damages shall be repaired by, and at the expense of of, Landlord, and the City without unreasonable delay unless the City determines that the damage is so extensive that repair or rebuilding is not feasible. From the date of rent until such casualty until said building is so repaired, monthly Rental payments hereunder repairs shall xxxxx in such proportion as have been made shall be apportioned according to the part of the Premises thus destroyed which is useable by Tenant. Such repairs shall be made promptly, subject to reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord, and for delay on account of labor troubles or any other cause beyond the Landlord's control. Landlord shall not be liable for any inconvenience or annoyance or any other damages to Tenant or injury to the business of Tenant resulting from delays in repairing such damage. If twenty (20%) per cent or more of the useable floor area of the building on the Premises are damaged or rendered untenable bears to the total Floor Area of the Premises; provided, however, that if the Premises shall be so slightly injured in any such casualty as not to be rendered unfit for occupancy, the Rentals hereunder shall not cease or be abated during any repair period. In the event that the damage to the Premises should be so extensive as to render it untenable, the Rentals shall cease until such time as it shall be put in repair, but in the event the Premises is damaged untenantable by fire or other casualty cause and if Landlord shall decide not to such an extent as to render it necessary in the exclusive judgment of the City restore or not to rebuild the same, then at Landlord may, within forty (40) days after such fire or other damage, give Tenant a notice in writing of such decision and thereupon the option of Lease term shall expire on the Citysixtieth (60th) day after such notice is given, or sooner if the Tenant so desires, and upon notice Tenant shall vacate the Premises and surrender the same to ConcessionaireLandlord. If Landlord does not so terminate this Lease, this Agreement shall cease and come to an end and the Rentals hereunder such repairs shall be apportioned made promptly, subject to reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord, and paid up for delay on account of labor trouble or any other cause beyond the Landlord's control. Landlord shall not be liable for any inconvenience or annoyance or any other damages to date Tenant or injury to the business of Tenant resulting from delays in repairing such damage. If the City elects Premises are totally damaged or are rendered wholly untenantable by fire or other cause so that they cannot reasonably be expected to rebuild the Premisesbe restored or rebuilt within a three (3) month period, the City shall notify Concessionaire of such intention Tenant may, within thirty (30) days of the date occurrence of the such damage, otherwise this Agreement shall be deemed canceled and of no further force or effect. Notwithstanding any provision above, should the destruction or damage to the Premises (to the extent of work that is to be provided as part of the City’s obligation) be so great that it will not be reasonably repaired or restored by the City within one hundred twenty (120) days to the state of fitness that existed prior to the commencement of improvements, if any, performed by Concessionaire, Concessionaire may, at Concessionaire’s option, terminate this Agreement by written notification of same given to the City within thirty Lease upon fifteen (3015) days prior notice in writing to Landlord, and thereafter, shall immediately vacate the Premises and surrender same to Landlord. Upon the termination of this Lease under the conditions herein provided for, Tenant's liability for rent shall cease as of the day following the casualty. If the Landlord fails to make any repairs within three (3) months after such fire or other damage, which repairs this Article XII requires Landlord to make, then the occurrence of such casualty, or upon notification that Tenant shall have the work will not be completed within the one hundred twenty (120) daysright to terminate this Lease.

FIRE AND OTHER DAMAGE. (a) If the Premises shall be Building or any part thereof is partially damaged by fire or other casualty, the Concessionaire shall give immediate notice thereof damage thereto (except for damage to the City Premise's interior finish and the same build-out and to Lessee's fixtures, property and equipment, for which Lessee shall be repaired responsible) shall be promptly restored by and at the expense of the City without unreasonable delay unless the City determines that the damage is so extensive that repair or rebuilding is not feasible. From the date of Lessor, and until such casualty until said building is so repairedrestoration shall be made, monthly Rental payments hereunder shall xxxxx in such proportion as the part of the Premises thus destroyed or rendered untenable bears to the total Floor Area of if the Premises; provided, howeveror any part thereof, that if the Premises shall be so slightly injured in any such casualty as not to be are rendered unfit for occupancyits use and purpose, the Rentals hereunder rent and other charges shall be subject to an abatement to the extent fair and equitable, except if such casualty was a result of the willful fault or negligence of Lessee, in which event there shall be no abatement of rent. Such restoration shall be made promptly by Lessor subject to delay which may arise by reason of adjustment of insurance, and for reasonable delay on account of "labor troubles" or any other cause beyond Lessor's control (excluding financial inability). Lessor shall not cease be liable for any inconvenience or be abated during any repair period. In the event that the damage annoyance to Lessee or for injury to the Premises should be so extensive as to render it untenable, business of Lessee resulting from such excused delays. If the Rentals shall cease until such time as it shall be put in repair, but in the event Building or the Premises is substantially damaged or rendered substantially untenantable by fire or other casualty casualty, the rent and other charges shall be subject to such an abatement to the extent fair and equitable as to render it necessary in the exclusive judgment of the City date of the fire or casualty, and continuing until Lessor completes its restoration obligations hereunder or until the term expires hereunder, except if such casualty was a result of the willful fault or negligence of Lessee, in which event there shall be no abatement of rent, and the Lessor shall promptly restore the same (excluding Lessee's interior finish and build-out and Lessee's fixtures, property, and equipment), unless Lessor decides not to rebuild restore, in which event the sameLessor may, then at within sixty (60) days, after such fire or other cause, give Lessee a notice in writing of such decision and thereupon the option of term shall expire upon the Citythirtieth (30th) days after such notice is given, and upon notice the Lessee shall vacate the Premises and surrender the same to Concessionaire, this Agreement shall cease and come to an end and the Rentals hereunder shall be apportioned and paid up to date of such damageLessor. If the City elects Premises is substantially damaged by casualty thereby being rendered substantially untenantable, then Lessee shall have the right to rebuild terminate this Lease if Lessor does not inform Lessee that it plans to restore the Premises, the City shall notify Concessionaire of such intention Premises within thirty (30) days of the date of the damage, otherwise this Agreement shall be deemed canceled and of no further force or effectcasualty. Notwithstanding any provision above, should the destruction or damage to If the Premises (to excluding Lessee Improvements and Lessee's fixtures, property and equipment) is not in fact substantially restored such that Lessee can occupy it and reasonably operate its business therefrom within two months after the extent of work that is to be provided as part of fire or other casualty, the City’s obligation) be so great that it will not be reasonably repaired or restored by the City within one hundred twenty (120) days to the state of fitness that existed prior to the commencement of improvements, if any, performed by Concessionaire, Concessionaire may, at Concessionaire’s option, Lessee may terminate this Agreement Lease by written notification of same given notice to the City Lessor within thirty (30) days after the occurrence end of the said two month period, but before such casualtysubstantial restoration has been made. The provisions of this Article XIV shall govern in the case of damage or destruction of the Building or any part thereof and restoration thereof due to a fire or casualty notwithstanding any inconsistent provisions of this Lease. Notwithstanding anything to the contrary contained in this Article XIV, the provisions hereof shall be subject and subordinate to the rights of institutions holding mortgages on the Building including the rights contained in any of Lessor's institutional or upon notification that purchase money mortgage financing documents affecting the work will not be completed within the one hundred twenty (120) daysBuilding.

FIRE AND OTHER DAMAGE. (a) If the Premises shall be Building or any part thereof is partially damaged by fire or other casualty, the Concessionaire shall give immediate notice thereof damage thereto (except for damage to the City Premises' interior finish and the same build-out and to LESSEE'S fixtures, property and equipment, for which LESSEE shall be repaired responsible) shall be restored by and at the expense of the City without unreasonable delay unless the City determines that the damage is so extensive that repair or rebuilding is not feasible. From the date of LESSOR, and until such casualty until said building is so repairedrestoration shall be made, monthly Rental payments hereunder shall xxxxx in such proportion as the part of the Premises thus destroyed or rendered untenable bears to the total Floor Area of the Premises; provided, however, that if the Premises are rendered substantially unfit for its use and purpose, the rent and other charges shall be so slightly injured in any subject to an abatement to the extent fair and equitable, except if such casualty as not was a result of the willful fault or negligence of LESSEE, in which event there shall be no abatement of rent. Such restoration shall be made promptly by LESSOR subject to be rendered unfit delay which may arise by reason of adjustment of insurance, and for occupancy, the Rentals hereunder reasonable delay on account of "labor troubles" or any other cause beyond LESSOR'S control. LESSOR shall not cease be liable for any inconvenience or be abated during any repair period. In the event that the damage annoyance to LESSEE or for injury to the Premises should be so extensive as to render it untenable, business of LESSEE. If the Rentals shall cease until such time as it shall be put in repair, but in the event Building or the Premises is substantially damaged or rendered substantially untenantable by fire or other casualty to such an extent as to render it necessary in casualty, the exclusive judgment of the City not to rebuild the same, then at the option of the City, rent and upon notice to Concessionaire, this Agreement other charges shall cease and come be subject to an end abatement to the extent fair and the Rentals hereunder shall be apportioned and paid up to date of such damage. If the City elects to rebuild the Premises, the City shall notify Concessionaire of such intention within thirty (30) days equitable as of the date of the damagefire or casualty, otherwise this Agreement and continuing until LESSOR completes its restoration obligations hereunder or until the term expires hereunder, except if such casualty was a result of the willful fault or negligence of LESSEE, in which event there shall be deemed canceled no abatement of rent, and the LESSOR shall promptly restore the same (excluding LESSEE'S interior finish and build-out and LESSEE'S fixtures, property, and equipment), unless LESSOR decides not to restore, in which event the LESSOR may, within sixty (60) days, after such fire or other cause, give LESSEE a notice in writing of no further force or effect. Notwithstanding any provision abovesuch decision and thereupon the term shall expire upon the thirtieth (30th) day after such notice is given, should and the destruction or damage LESSEE shall vacate the Premises and surrender the same to the Premises LESSOR. If the Building (to the extent of work that excluding Tenant Improvements and LESSEE'S fixtures, property and equipment) is to be provided as part of the City’s obligation) be so great that it will not be reasonably repaired or in fact restored by LESSOR within eight months after the City within one hundred twenty (120) days to fire or other casualty, the state of fitness that existed prior to the commencement of improvements, if any, performed by Concessionaire, Concessionaire may, at Concessionaire’s option, LESSEE may terminate this Agreement lease by written notification of same given notice to the City LESSOR within thirty (30) days after the occurrence end of such casualtythe said eight month-period. The provisions of this Article 19 shall govern in the case of damage or destruction of the Building or any part thereof and restoration thereof due to a fire or casualty notwithstanding any inconsistent provisions of this lease. Notwithstanding anything to the contrary contained in this Article, or upon notification that the work will not provisions hereof shall be completed within subject and subordinate to the one hundred twenty (120) daysrights of institutions holding mortgages on the Building, including the rights contained in any of LESSOR'S mortgage financing documents affecting the Building.