FIRE, CASUALTY. EMINENT DOMAIN Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if:
FIRE, CASUALTY. Providing consultation concerning replacement of the Project damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such damage, except to the extent that the Design Professional or its Design Consultants have caused or contributed to such fire or other casualty.
FIRE, CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage or defects in or to the apartment or the building and to any of the fixtures or equipment therein. If the apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. In the event the apartment is damaged to such an extent that it is untenable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the apartment which may not be usable until such time as the premises shall have been put into repair. If the apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Agreement by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof, and the making of any necessary repairs or rebuilding by the Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New York.
FIRE, CASUALTY. In case the premises should be rendered untenable during the term of this lease by fire or other casualty, Lessor at his option may terminate the lease or repair the premises within sixty-(60) days thereafter. If Lessor elects to repair, this lease shall remain in effect provided such repairs are completed within said time. If Lessor shall not have the premises repaired within said time, then at the end of such time, the terms hereby created shall terminate. If this lease is terminated due to fire or casualty here in specified, rent shall be apportioned and paid to the day of such fire or other casualty.
FIRE, CASUALTY. 17. DEFINITION OF "SUBSTANTIAL DAMAGE" AND "PARTIAL DAMAGE." -------------------------------------------------------- The term "substantial damage", as used herein, shall refer to damage which is of such a character that the same cannot, in ordinary course, be expected to be repaired within ninety (90) calendar days from the time that such repair work would commence. Any damage which is not "substantial damage" is "partial damage." In the event of substantial damage to the Building, the LESSOR shall notify the LESSEE as soon as is practicable and in no event later than thirty (30) days after such damage of LESSOR's estimated time for repair of such damage.
FIRE, CASUALTY. EMINENT DOMAIN Should a substantial portion of the leased premises or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: (a) The LESSOR fails to give written notice within ten (10 days of intention to restore leased premises, or (b) The LESSOR fails to restore the leased premises to a condition substantially similar to that which existed immediately prior to such fire or casualty within ninety (90) days of said fire, casualty or taking. In the event that the premises are not materially damaged, the LESSOR shall be entitled to terminate this lease only if the LESSOR simultaneously terminates leases for spaces of substantially similar size which are similarly affected. The LESSOR reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE'S fixtures, property, or equipment.
FIRE, CASUALTY. Lessee's obligation (including minimum rent payments) shall in no way be abated as the result of fire or other casualty to the Property, unless caused by any act or omission of Lessor, his agents, employees, heirs or assigns, or any breach of this Lease by Lessor including his representations and warranties herein.
FIRE, CASUALTY. Taking. PROVIDED, ALWAYS, that in case, after the execution hereof and before the expiration of the. Term, the Premises, or any part thereof, or more than thirty (30%) percent of the Shopping Center shall be taken by any exercise of the right of eminent domain or by action of any public or other authority, or in case, after the execution hereof and before the expiration of the Term, the Premises, or any part thereof, or more than thirty (30%) percent of the Shopping Center shall be destroyed or damaged by fire or casualty, then this lease and the Term shall terminate at the election of the Lessor, which election must be exercised by written notice to the Lessee within sixty (60) days after such taking, destruction, damage or action, and such election may be made in case of any such taking notwithstanding the entire interest of the Lessor may have been divested by such taking. If the Lessor shall not elect to terminate this lease, the Lessor shall with reasonable promptness restore the Premises as nearly as practicable to the condition which existed immediately prior to such event, or, in the event of any such destruction or damage by fire or casualty, so much thereof as the Lessee is not herein elsewhere required to insure against destruction or damage by fire or casualty, to a single contiguous unit, - all only to the extent of the Lessor's insurance proceeds or damages or awards resulting from such taking, destruction, damage or action allocable to the Premises, as the case may be, after deducting the Lessor's costs and expenses of collecting same. If the Lessor shall not elect to terminate this Lease, and commences restoration of the Premises and such restoration is not completed by the Lessor within twelve (12) months of such event, Lessee shall have the right to terminate this Lease by Notice to Lessor given prior to the time the Premises are ready for occupancy, or if during the last two (2) years of the Term, as the same may have been extended, there is a taking, -fire or other casualty pursuant to which the Lessor could terminate this Lease as hereinabove set forth, the Lessee similarly shall have the right to terminate this Lease by delivering to Lessor written notice of Lessee's election to terminate within sixty (60) days after such taking, destruction, damage or action. The Lessor will give the Lessee notice of when the Premises are ready for occupancy, and upon such notice the Lessee will comply with all of the provisions of Section 10 and Les...
FIRE, CASUALTY. If the Building shall be partly damaged by fire or other casualty, the damages shall be repaired as expeditiously as possible by and at the expense of Landlord and until such repairs shall be made, rent shall be payable hereunder with respect to the Demised Premises only to the extent attributable to any part of the Demised Premises which is usable by Tenant. If the Demised Premises are totally damaged or rendered wholly untenantable by fire or other casualty, this Lease shall terminate at the election of either party, written notice of such election to be given within thirty (30) days after such fire or other casualty, and the rent shall be apportioned to the date of such damage; provided, however, that if this Lease shall be so terminated -14- 19 at the election of the Landlord and within two years thereafter work shall commence to restore the Demised Premises or any part of the Building, Landlord shall promptly notify Tenant and Tenant shall have the right, exercisable within ninety (90) days after Tenant's receipt of such notice, to reinstate this Lease upon the completion of such restoration.
FIRE, CASUALTY. Costs or repairs or replacements incurred by reason of fire or other casualty or caused by the exercise of the right of eminent domain whether or not insurance proceeds or a condemnation aware are recovered or adequate for such purposes.
