FIRE CLAUSE. (a) In the event of a fire or other casualty in the Leased Premises, Tenant shall immediately give notice thereof to Landlord. If the Leased Premises shall be partially destroyed by fire or other casualty so as to render the Leased Premises untenantable in whole or in part, the rental provided for herein shall xxxxx thereafter as to the portion of the Leased Premises rendered untenantable until such time as Landlord restores the Office Building and/or Leased Premises to substantially the same condition as existed immediately prior to the date of damage, and Landlord agrees to commence and prosecute such repair work required of Landlord hereunder promptly and with all due diligence; provided, however, that Landlord shall only be required to reconstruct building standard leasehold improvements existing in the Leased Premises as of the date of damage (or those portions of the Leased Premises that were not building standard prior to such damage or destruction but that Tenant has elected for Landlord to restore to building standard, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction), and Tenant shall, subject to the terms of this Section 6.3, be required to restore any other leasehold improvements and pay the cost for same; provided, however, in the event such destruction (i) results in total or substantial damages to or destruction of the Office Building and Landlord shall decide not to rebuild, or (ii) results in the Leased Premises being untenantable in whole or in substantial part and the reasonable estimation of a reputable independent contractor selected by Landlord (the “Estimation”) as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Office Building is nine (9) months or more from the date of the casualty, then, in either such event, all Rent owed up to the time of such destruction shall be paid by Tenant and thenceforth this Lease shall, at Landlord’s sole option (to be exercised by written notice thereof to Tenant), cease and come to an end. Landlord shall give written notice of Landlord’s decisions, estimates or elections under this Section 6.3 within sixty (60) days after any such damage or destruction (“Landlord’s Casualty Notice”). Notwithstanding anything contained in this Section 6.3, in the event such destruction results in the Leased Premises being untenantable in whole or in substantial part, Landlord does not elect t...
FIRE CLAUSE. The LESSEE agrees to notify LESSOR of any damages to the Leased Premises by fire or other hazard and also of any dangerous or hazardous condition within the Leased Premises immediately upon the occurrence of such fire or other hazard or discovery of such condition. Upon occurrence of a fire, repairs shall be made by LESSOR as soon as reasonably may be done unless the costs of repairing the Premises exceed 25% of the replacement cost of the building in which case the LESSOR may, at its option, terminate this lease by giving LESSEE written notice of termination within 30 days of the date of the occurrence. If the LESSOR does not terminate this Lease pursuant to the paragraph above, then LESSOR has 30 days after the date of occurrence to give written notice to LESSEE setting forth its unqualified commitment to make all necessary repairs or replacements, the projected date of commencement of such repairs, and the LESSOR’S best good faith estimate of the date of completion of the same. If the LESSOR fails to give such notice, or if the date of completion is more than 90 days after the date of the occurrence, then the LESSEE may, at its option, terminate this lease and the LESSOR will be obliged to refund to the LESSEE any rent allocable to the period subsequent to the date of the fire.
FIRE CLAUSE. 15.1 In the event the Premises or any part thereof, the elevators, hallways, stairways or other approaches thereto, becomes damaged or destroyed by fire or other casualty from any cause so as to render said Premises and/or approaches unfit for use and occupancy, a just and proportionate part of the Rent according to the nature and extent of the damage or injury to said Premises and/or approaches, shall be suspended or abated until said Premises and/or approaches have been put in as good condition for use and occupancy as at the time immediately prior to such damage or destruction. Landlord shall proceed, at its expense and as expeditiously as may be practicable, to repair the damage unless, because of the substantial extent of the damage or destruction, Landlord should decide not to repair or restore the Premises, in which event and at Landlord's option Landlord may terminate this Lease forthwith by giving Tenant a written notice of its intention to terminate within thirty (30) days after the date of the fire or other casualty. If Landlord elects to repair the damage, Landlord shall use reasonable efforts to minimize the disruption to Tenant during such repairs. Landlord shall not be obligated to repair, restore or replace any fixture, improvement, alteration, furniture or other property owned, installed or made by Tenant, all of which shall be repaired, restored or replaced by Tenant.
FIRE CLAUSE. If the said Premises shall be made untenantable, in whole, or in substantial part, by fire or other casualty, the Lessor, if it so elects, may (a) terminate the term of this Lease effective as of the date of such fire or casualty, by written notice given to the Lessee sixty (60) days after such date, or (b) repair, restore or rehabilitate said Premises at Lessor's expense, in which event the term hereof shall not tem1inate, but any fixed rent herein reserved shall be abated on a per diem basis in proportion to the area of the Premises rendered untenantable by such fire or casualty. Lessee shall give to Lessor prompt written notice of any fire, damage or casualty occurring in, about or to be Premises. In the event Lessor elects to rehabilitate said Premises, and Lessor has not substantially completed said rehabilitation within one hundred eighty (180) days from the date of such fire or other casualty, Lessee shall have the option, upon written notice to Lessor, to cancel and terminate this Lease, and all rent due hereunder shall be prorated up to and including the date of receipt of such notice of termination by Lessor.
FIRE CLAUSE. If any major component of the improvements constructed by the LESSEE on the leased Premises are damaged or destroyed, in whole or in part, by fire or other casualty at any time during the Term of this Lease, or Option Term, to the extent that it is no longer reasonably appropriate for LESSEE'S use and occupancy of said premises, LESSEE shall have the option of terminating this lease upon written notice to LESSOR within thirty (30) clays of the elate the premises are rendered untenantable or commencing reconstruction, repair, or the restoration of said major component of such improvements in a reasonable, sufficient, and timely manner at LESSEE'S sole cost and expense, in which case this lease shall continue in accordance with all of its terms and conditions. Failure of LESSEE to give notice of cancellation within said thirty (30) clay period shall mean that the LESSEE exercises its option to continue the lease in force and effect.
FIRE CLAUSE. It is mutually agreed that in case of injury to the premises by fire, the Landlord shall cause the damage to be repaired, the rent suspended only for such a time, an only in the proportion, as the premises shall remain untenantable; but if the building be destroyed or so damaged that the Landlord shall, in its sole discretion, decide it is not advisable to repair, this Lease shall cease and terminate and the Tenant shall pay the rent to the time of injury. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant’s agents, employees, or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises.
FIRE CLAUSE. (a) If the Premises are partially damaged by fire or other casualty, not occurring through Lessee's fault, and such damage can be repaired within one hundred eighty (180) days after the date of such occurrence, the Lease shall remain in full force and effect, and the Lessor shall promptly repair such damage at Lessor's expense, and in that event there shall be proportionate abatement of rent for so much of the Premises and may be untenantable during the period of repair or restoration unless the Premises were damages through Lessee's fault.
FIRE CLAUSE. In the event of a fire or other casualty in the Leased Premises, Lessee shall immediately give notice thereof to Lessor. If at least twenty-five percent (25%) of the Leased Premises or the Building is destroyed by fire or other casualty, Lessor shall have the right to terminate this Lease or to repair the Leased Premises with reasonable dispatch, subject to delays resulting from adjustment of the loss and any other cause beyond Lessor's reasonable control; provided, Lessor shall not be required to repair or replace any furniture, furnishings or other personal property which Lessee may be entitled to remove from the Leased Premises or any installations in excess of Building standard. Lessor shall provide written notice to Lessee within thirty (30) days after the date of any casualty as to Lessor's election to terminate or repair. The notice shall provide Lessor's reasonable estimate as to whether the repair or restoration can be completed within ninety (90) days after the date of such notice. In the event Lessor's notice provides that repair or restoration will take more than ninety (90) days from the date of such notice, Lessee shall have the right to terminate this Lease, provided that Lessee must deliver written notice of its election to terminate within ten (10) days after receipt of Lessor's notice thereof. If Lessee fails to deliver such notice in the time period specified above, Lessee shall be deemed to have waived its right to terminate. Until Lessor's repairs are completed the Rent shall be abated in proportion to the portions of the Leased Premises, if any, which are untenantable or unsuited for the conduct of Lessee's business, and Lessor will use reasonable efforts to assist Lessee in securing a temporary space in the event Lessee is forced to relocate from the Building during the time Lessor completes its repairs to the Building. Notwithstanding anything contained in this Section, Lessor shall only be obligated to restore or rebuild the Leased Premises to a Building standard condition and Lessor shall not be required to expend more funds than the amount received by Lessor from the proceeds of any insurance carried by Lessor. Further notwithstanding, in the event the Building is untenantable as defined as condemned by the City of Raleigh, North Carolina, either party may terminate this Lease.
FIRE CLAUSE. In the event of a fire in the Premises, Lessor and Lessee mutually covenant and agree that Lessee shall immediately give notice thereof to Lessor. If the Premises, through no fault or neglect of Lessee, its agents, employees, OR invitees, shall be partially destroyed by fire or other casualty so as to render the Premises untenantable, the rental provided for herein shall abate thereafter until such time as the Premises are made tenantable xx XEASONABLY determined by Lessor (but in no event shall Lessor's obligation exceed Building Standard Improvements). In the event of the destruction of the Premises without fault or neglect of Lessee, its agents, employees, OR invitees, or if from any cause the same shall be so damaged that Lessor shall decide not to rebuild OR THE DAMAGE CAN NOT BE RESTORED WITHIN ONE HUNDRED TWENTY (120) DAYS OF THE DATE OF CASUALTY, then Lessor or Lessee may terminate this lease and all rent owed up to the time of such damage, destruction or termination shall be paid by Lessee and thenceforth this lease shall cease and come to an end.
FIRE CLAUSE. In the event of a fire in the Premises, Lessor and Lessee mutually covenant and agree that Lessee shall immediately give notice thereof to Lessor. If the Premises, through no gross negligence of Lessee, its agents, employees, invitees or visitors, shall be partially or entirely destroyed by fire or other casualty so as to render the Premises untenantable, the rental provided for herein shall axxxx thereafter until such time as the Premises are made tenantable as determined by Lessor (but in no event shall Lessor’s obligation exceed Building Standard Improvements). In the event of the destruction of the Premises through no gross negligence of Lessee, its agents, employees, invitees or visitors, or if from any cause the same shall be so damaged that Lessor shall decide not to rebuild, then Lessor or Lessee may terminate this Lease and all rent owed up to the time of such damage, destruction or termination shall be paid by Lessee and thenceforth this Lease shall cease and come to an end.
