Common use of FIRE DAMAGE Clause in Contracts

FIRE DAMAGE. If all or part of the leased premises is damaged or destroyed by fire or other casualty, this Lease and all of its terms, covenants and conditions shall, subject to the provisions hereinafter set forth, continue in full force and effect, and Landlord shall promptly repair such damage at Landlord’s sole cost and expense. Notwithstanding the foregoing, if such damage, in whole or in part, results from the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns, Tenant shall be liable for such damages and repairs. In the event that the damage to the leased premises or to the premises of which the leased premises is a part is so extensive as to amount practically to the total destruction of the leased premises or the building, and either Landlord or Tenant may elect to terminate this Lease by giving written termination notice to the other party within sixty days after the occurrence of the destruction., and in such event, this Lease shall cease and the rent shall be apportioned to the time of the destruction, unless such destruction, in whole or in part, was the result of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage to the demised premises, or the building in which it is located, by fire or other casualty if Tenant shall be deemed legally liable in such respect. The provisions of this section shall be considered as the express agreement governing any case of damage or destruction of the premises by fire or other casualty.

FIRE DAMAGE. If all a. If, after the date hereof, the Demised Premises is damaged by fire, enemy action, or part other casualty (such damage being hereafter called "fire damage"), Landlord shall repair or restore the Demised Premises, except Landlord shall have the option not to repair or restore the fire damage if: (i) the fire damage shall be to more than twenty (20%) percent of the leased premises Building; or (ii) there shall be remaining less than two (2) Lease Years remaining of the then current term of this Lease; or (iii) the fire damage shall be uninsured or if insured, the mortgagee(s) shall not release to Landlord sufficient insurance proceeds to repair or restore; or (iii) the fire damage shall be uninsured or if insured, the mortgagee(s) shall not release to Landlord sufficient insurance proceeds to repair or restore; or (iv) if Landlord is damaged unable to obtain any necessary governmental approvals necessary to repair or destroyed by fire or other casualty, this Lease and all restore within ninety (90) days of its termsapplication for same, covenants and conditions shall, subject after using reasonable diligence to the provisions hereinafter set forth, continue in full force and effect, and Landlord shall promptly repair such damage at Landlord’s sole cost and expense. Notwithstanding the foregoing, if such damage, in whole or in part, results from the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns, Tenant shall be liable for such damages and repairsobtain same during said ninety (90) day period. In the event that Landlord shall repair or restore the damage fire damage, there shall be a fair and proportionate abatement of all rent payable hereunder according to the leased premises time during which and the portion or extent to the premises of which the leased premises is a part is so extensive as Demised Premises may not be used by Tenant. b. If Landlord shall elect not to amount practically repair or restore the Demised Premises pursuant to paragraph 15(a) above, this Lease shall terminate on the total destruction date of occurrence of the leased premises or the building, and either fire damage. Landlord or shall notify Tenant may elect to terminate this Lease by giving written termination notice to the other party within sixty in writing not more than thirty (30) days after the occurrence of the destruction.fire damage if it elects not to repair or restore, in which event Landlord shall return to Tenant a fair and proportionate rebate of all rent paid in such eventadvance to Landlord by Tenant, this Lease shall cease and the rent shall be apportioned to the time if any, prorated as of the destruction, unless such destruction, in whole or in part, was the result date of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more occurrence of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage to the demised premises, or the building in which it is located, by fire or other casualty if Tenant shall be deemed legally liable in such respect. The provisions of this section shall be considered as the express agreement governing any case of damage or destruction of the premises by fire or other casualtydamage.

FIRE DAMAGE. If all A. In the event the Building or the Demised Premises shall be destroyed or rendered untenantable either in whole or in part of the leased premises is damaged or destroyed by fire or other casualty, this Lease and all of Landlord may at its termsoption restore the Building or Demised Premises to as near their previous conditions as is reasonably possible. In the meantime, covenants and conditions shallunless the damage was caused by acts, subject to the provisions hereinafter set forth, continue in full force and effect, and Landlord shall promptly repair such damage at Landlord’s sole cost and expense. Notwithstanding the foregoing, if such damage, in whole or in part, results from the negligence, malfeasanceomissions, or nonfeasance negligence of Tenant or Tenant, its agents, employees, contractors, or invitees, successors, or assigns, Tenant the rent shall be liable for such damages and repairs. In abated in the event that same proportion as the damage untenantable portion of the Demised Premises bears to the leased premises or to the premises of which the leased premises is a part is so extensive as to amount practically to the total destruction of the leased premises or the buildingwhole thereof. But, and either unless Landlord or Tenant may elect to terminate this Lease by giving written termination notice to the other party within sixty twenty-one (21) days after the occurrence happening of any such casualty shall notify Tenant of its election not to restore the destruction., and in such eventdamage within nine (9) months from date of casualty, this Lease shall cease continue and Landlord shall commence the rent necessary restoration. Such restoration by Landlord shall not include replacement of Tenant's trade fixtures, furniture, equipment, or other items that do not become part of the Building or any improvements to the Premises in excess of those provided for in the allowance for building standard items as of the Commencement Date of this Lease. Restoration of the premises required beyond Landlords obligation shall be apportioned performed by the Tenant at no cost to the time Landlord. If Landlord shall elect to notify Tenant that Landlord shall not restore, this Lease shall terminate as of the destruction, unless such destruction, in whole or in part, was the result date of the negligenceoccurrence and Tenant shall promptly vacate the Premise. B. No penalty shall accrue to landlord to delay in commencing or completing repairs caused by adjustment of insurance claims, malfeasancegovernment requirements, or nonfeasance of Tenant or its agentsany cause beyond Landlord's reasonable control. C. No damages, invitees, successorscompensation, or assigns. For the purpose claim shall be payable by Landlord except as such is provided for in Landlord's standard insurance policy if any, for inconvenience, loss of this paragraphbusiness, damage to fifty (50%) percent or more annoyance arising from any repair or restoration of any portion of the rentable area Premises or of the leased premises or the building (notwithstanding that the leased premises may Building. Landlord shall use commercially reasonable efforts to effect such repairs promptly and in such manner as not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that to unreasonably interfere with Tenant's occupancy. D. Landlord will not carry insurance of any kind on any improvements, additions, or alterations made and paid for by Tenant or Tenant's inventory, furniture and or furnishings or on any trade fixturefixtures, equipment, improvements, or appurtenances removable by of Tenant under the provisions of this Leaselease, and that Landlord (except as provided by law by reason of its negligence) shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained . E. In case the Building shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage to the demised premises, or the building in which it is located, be substantially destroyed by fire or other casualty if Tenant shall be deemed legally liable in such respect. The provisions causes at any time during the last year of the term of this section shall be considered Lease, either Landlord or Tenant may terminate this Lease upon written notice to the other party hereto given within twenty-one (21) days of the date of such destruction. F. Upon any termination of this Lease as the express agreement governing any case a result of damage or destruction of the premises by fire Building or Premises as provided herein, the parties shall be released thereby without further obligation to the other casualtyfrom the date possession of the Premises is surrendered to Landlord, except for rent and any other monies which have accrued and are then unpaid, and further, except for any prepaid rent due to tenant.

FIRE DAMAGE. Section 8.01. If all or part of the leased premises is Demised Premises shall be partially damaged or destroyed by fire or other insured casualty, this Lease the damages shall be repaired by and all at the expense of its terms, covenants Landlord and conditions shall, subject the annual minimum rental until such repairs shall be made shall xxxxx equitably according to the provisions hereinafter set forthpart of the Demised Premises which is unusable by Tenant or, continue in full force and effectif by reason thereof, and Landlord the Demised Premises are rendered untenantable, said rental shall promptly repair totally xxxxx until such damage at Landlord’s sole cost and expenserepairs shall be made. Notwithstanding the foregoing, if the Demised Premises or the Building shall be damaged to such damage, in whole or in part, results from the negligence, malfeasanceextent that Landlord shall decide to demolish same, or nonfeasance of Tenant or its agentsnot to rebuild same, invitees, successors, or assigns, Tenant shall be liable for such damages and repairs. In the event that the damage to the leased premises or to the premises of which the leased premises is a part is so extensive as to amount practically to the total destruction of the leased premises or the building, and either Landlord or Tenant may elect to terminate this Lease by giving written termination notice to the other party within sixty days after the occurrence of the destruction.then, and in such event, Landlord may terminate this Lease upon notice to Tenant given within ninety (90) days following such event, and upon the date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days following the giving of said notice, this Lease shall cease terminate and Tenant shall vacate and surrender the rent Demised Premises to Landlord. Any annual minimum rental prepaid by Tenant beyond said date shall be apportioned promptly refunded to the time Tenant. Notwithstanding any of the destruction, unless such destruction, in whole or in part, was the result of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the foregoing provisions of this LeaseArticle, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to if Landlord or to its insurer in connection with the holder of any damage to the demised premises, or the building in which it is located, by fire or other casualty if Tenant superior mortgage shall be deemed legally liable in such respect. The provisions unable to collect all of this section shall be considered as the express agreement governing any case of insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the premises Demised Premises or the Building by fire or other casualtycause, by reason of some action or inaction on the part of the Tenant or any of its employees, agents or contractors, then, without prejudice to any other remedies which may be available against Tenant, the abatement of Tenant's rents provided for in this Article shall not be effective to the extent of the uncollected insurance proceeds. Section 8.02. If this Lease shall not be terminated as provided above in this Article, Landlord shall, at its expense, proceed with the restoration of the Demised Premises, provided, Landlord's obligations hereunder shall not exceed the scope of Landlord's initial construction obligations under this Lease and further provided, that Landlord's restoration obligations shall be subject to building and zoning laws then in effect. No penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord. Landlord shall use diligent efforts to adjust insurance promptly. If Landlord shall so restore the Demised Premises, Tenant shall repair, restore and redecorate the Demised Premises and reoccupy and reopen the Demised Premises, within fifteen (15) days following notice of restoration, in a manner and to the condition existing prior to the event of damage, except to the extent that Landlord is obligated above, and Tenant shall hold in trust the proceeds of all insurance carried by Tenant on its property for the purpose of such repair and restoration. Section 8.03. Nothing hereinabove contained with respect to Tenant's right to xxxxx the rent under proper conditions shall be construed to limit or affect Landlord's right to payment under the rental loss coverage to be provided pursuant to Section 7.03 hereof.

FIRE DAMAGE. If all or part of the leased demised premises is shall be partially damaged or destroyed by fire or other casualty, this Lease the damages shall, within a reasonable time thereafter be repaired by and all at the expense of its termsLandlord to the extent insurance proceeds are paid to Landlord as a result of such casualty damage. Such repair shall be made promptly except that no penalty shall accrue for reasonable delay on account of "labor or materials difficulties" or any other cause beyond Landlord's control. If the demised premises are totally damaged or are rendered wholly untenantable by fire or other casualty, covenants and conditions the rent due under Section 3 hereof shall xxxxx until restoration or rebuilding. Landlord shall, subject to the provisions hereinafter set forthterms hereof, continue in full force within a reasonable time restore or rebuild same to its condition existing prior to the casualty; provided, however, that Landlord's obligation to repair and effect, restore the premises shall be limited to the insurance proceeds made available to Landlord as a result of such casualty and Landlord shall promptly repair such damage at Landlord’s sole cost and expense. Notwithstanding the foregoing, if such damage, in whole or in part, results from the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns, Tenant shall be liable pay for any amounts incurred by Landlord in excess of such damages and repairs. In the event insurance proceeds; provided further, however, that the damage to the leased premises or to the premises of which the leased premises is a part is so extensive as to amount practically to the total destruction of the leased premises or the building, and either Landlord or Tenant may elect to terminate this Lease by giving written termination notice to the other party within sixty days after the occurrence of the destruction., and in such event, this Lease shall cease and the rent shall be apportioned to the time of the destruction, unless such destruction, in whole or in part, was the result of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage to if the demised premises, premised are totally damaged or the building in which it is located, by fire or other casualty if Tenant shall be deemed legally liable in such respect. The provisions of this section shall be considered as the express agreement governing any case of damage or destruction of the premises rendered wholly untenantable by fire or other casualty, then Landlord shall have the right and option to terminate this Lease within thirty (30) days of the date of such casualty by giving written notice to the Tenant, and any rents paid pursuant to Section 3 hereof or other payments which may be due Landlord under this Lease shall be prorated as of the effective date of such termination and any advance payments on account of such rents received by Landlord from Tenant shall be proportionately refunded to Tenant.

FIRE DAMAGE. If all or part of In case the leased premises is Apartment/House shall be partially damaged or destroyed by fire or other casualtycause at any time during the said term, this Lease the premises shall be repaired by Landlord with all reasonable dispatch, and all provided that such damage has not been caused by the acts or omissions to act by Tenant, their guest(s) and invitee(s), a proportional reduction of its termsrent shall be allowed Tenant for the time required by such repairs, covenants except that (i) if Tenant can use and conditions shalloccupy the Apartment/House without substantial inconvenience, subject there shall be no reduction of rent, and (ii) if said repairs are delayed because of the failure of said Tenant to adjust his own insurance (if any), no reduction shall be made beyond a reasonable time allowed for such adjustment. If the damage caused by fire or other cause shall amount substantially to the provisions hereinafter set forth, continue in full force and effect, and Landlord shall promptly repair such damage at Landlord’s sole cost and expense. Notwithstanding the foregoing, if such damage, in whole or in part, results from the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns, Tenant shall be liable for such damages and repairs. In the event that the damage to the leased premises or to the premises of which the leased premises is a part is so extensive as to amount practically to the total destruction of the leased premises Apartment/House or the buildingbuilding containing the Apartment, and either Landlord shall have the option to rebuild and/or repair the damage or to cancel this lease by notice in writing delivered to Tenant may elect to terminate this Lease by giving written termination notice to the other party within sixty thirty (30) days after the occurrence of the destruction., and in such event, this Lease shall cease and the rent shall be apportioned to the time of the destruction, unless such destruction, in whole or in part, was the result of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage to the demised premises, or the building in which it is located, by fire or other casualty if resulting in such damage. If Tenant elects to rent or utilize alternate housing facilities following damage to the leased premises, the Tenant shall be deemed legally liable in responsible for payment for such respectalternate facilities. The provisions residents are solely liable and responsible for all fire and smoke damage and losses, of this section shall be considered as whatsoever kind, to the express agreement governing any case leased premises, the Landlord’s building, the Landlords property, and the property of damage others, which are caused by the negligence, tortuous acts, or destruction other acts of omission of the premises tenant, any member of the tenants household, the tenants guests, or any other person under the tenants control. It is expressly, clearly, and unequivocally agreed by the parties that the Tenant is solely liable to Landlord or Landlord’s insurer or agent for all such fire and smoke damage and losses which are caused by the Tenant, any member of the tenants household, the Tenants guests or other casualtyany person under the Tenants control. It is clearly agreed that the tenant, and not the landlord, is liable for all such fire and smoke damages and losses.

FIRE DAMAGE. If all a. If, after the date hereof, the Demised Premises is damaged by fire, enemy action, or part other casualty (such damage being hereafter called "fire damage"), Landlord shall repair or restore the Demised Premises, except Landlord shall have the option not to repair or restore the fire damage if: (i) there shall be remaining less than two (2) Lease Years on the then current term of this Lease unless after written notice to Tenant of Landlord's right to terminate, Tenant shall fail within ten (10) days of the leased premises is damaged receipt of said notice to exercise any available option to renew under this Lease; or (ii) the fire damage shall not be required to be insured under this Lease, or destroyed by fire if insured, the mortgagee(s) shall not release to Landlord sufficient insurance proceeds to repair or other casualty, this Lease and all of its terms, covenants and conditions shall, subject to the provisions hereinafter set forth, continue in full force and effect, and Landlord shall promptly repair such damage at Landlord’s sole cost and expenserestore. Notwithstanding the foregoing, application of subsection (ii) if such damage, in whole Landlord shall exercise Landlord's rights not to repair or in part, results from the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assignsrestore pursuant to this subsection (ii), Tenant shall have the option, exercisable within thirty (30) days of receipt of Landlord's notice not to restore or rebuild to elect to loan Landlord the amount of any mortgage proceeds not released to Landlord by Landlord's mortgagee(s) on the same terms and conditions as said mortgagee's loan to Landlord. Said loan shall be liable for such damages subordinate to any then existing mortgage and repairsshall be payable monthly out of the cash flow of the property available after payment of Landlord's mortgagee(s) with the same percentage constant payment of principal and interest that Landlord was paying to the mortgagee(s) that did not release to Landlord insurance proceeds. In the event that Tenant shall loan Landlord such sum, Landlord shall not have the damage option not to repair or restore pursuant to this subsection (ii); or (iii) if Landlord is unable to obtain any necessary governmental approvals necessary to repair or restore within one hundred twenty (120) days of its application for same, after using reasonable diligence to obtain same during said one hundred twenty (120) day period. In the event Landlord shall repair or restore the fire damage, there shall be a fair and proportionate abatement of all rent payable hereunder according to the leased premises time during which and the portion or extent to the premises of which the leased premises is a part is so extensive as Demised Premises may not be used by Tenant. b. If Landlord shall elect not to amount practically repair or restore the Demised Premises pursuant to paragraph 15(a) above, this Lease shall terminate on the total destruction date of occurrence of the leased premises or the building, and either fire damage. Landlord or shall notify Tenant may elect to terminate this Lease by giving written termination notice to the other party within sixty in writing not more than thirty (30) days after the occurrence of the destructionfire damage if it elects not to repair or restore, in which event Landlord shall return to Tenant a fair and proportionate rebate of all rent paid in advance to Landlord by Tenant, if any, prorated as of the date of the occurrence of the fire damage. c. In the event fire damage the Demised Premises, occurs during or prior to the term of this Lease and Landlord's Work cannot be repaired within one hundred eighty (180) days from the Determination Date (as hereinafter defined), then this Lease may, at the option of Landlord or Tenant, terminate as of the date of such fire damage. In the event Landlord or Tenant elects to terminate this Lease, Landlord or Tenant shall notify the other within ten (10) days after the Determination Date, time being of the essence. Any party's failure to deliver notice of its election to terminate within said ten (10) day period shall be deemed a waiver of such party's option to terminate, and in such event, this Lease shall cease remain in full force and effect subject to the rent terms of paragraph 15(a) above. d. As soon as practicable after the occurrence of a fire or other casualty, Landlord, Tenant and their engineering, architectural and other consultants shall meet and attempt to reach mutual agreement regarding the period of time required for completion of repairs and restoration, which shall be apportioned determined based upon the actual period of time for construction and shall exclude any time period for adjustment of insurance claims. In the event the parties are unable to reach agreement within ten (10) days following the occurrence of the fire damage, fire or other casualty, the matter shall be submitted to Xxxx Xxxxxx, AIA or if Xxxx Xxxxxx, AIA is unavailable, the parties shall apply to the Chancery Court in Somerset County for the appointment of an architect to make such determination. The Determination Date is the date on which the time required for completion of repairs and restoration is determined by one of the destruction, unless such destruction, in whole or in part, was the result of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenantprocedures set forth above. e. Landlord's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer obligations in connection with any damage repair and/or restoration work contemplated pursuant to this Paragraph 15 of the Lease shall and are hereby strictly limited to the demised premisesBuilding delivered to Tenant in its "as is" condition and Landlord's Work, and in no event shall Landlord be obligated to replace, repair or restore any other improvements to the Demised Premises or alterations thereof installed therein by or on behalf of Tenant nor shall Landlord be obligated in any event whatsoever to replace, repair or restore Tenant's leasehold improvements, personal property, furniture, fixtures, equipment or the building like, except to the extent included in which it is locatedLandlord's Work. If the parties determine that restorations can be completed within 180 days, but such repairs and restoration shall not be substantially completed by fire the 210th day following the Determination Date, Tenant may: (i) terminate this Lease by delivering written notice to Landlord (a "Tenant's Notice") by the 220th day following the Determination Date, time being of the essence. Tenant's failure to deliver notice of termination by said 220th day, shall be deemed a waiver by Tenant of this option to terminate. If Tenant timely exercises this option to terminate, the Lease shall terminate as of the date of Tenant's delivery of Tenant's Notice or; (ii) elect by written notice to Landlord to complete Landlord's obligation to repair or other casualty if restore. Tenant shall be deemed legally liable in entitled to use any remaining funds held by Landlord's mortgagee(s) for the purpose of repairing or restoring to pay for such respectwork which Tenant completes. The provisions of this section If Tenant is required to expend its own funds to repair or restore such work, Tenant shall be considered as entitled to reimbursement from Landlord out of Landlord's cash flow from the express agreement governing any case Property after payment of damage or destruction of the premises by fire or other casualtyLandlord's then existing mortgagee(s).

FIRE DAMAGE. If all or part of In case the leased premises is Apartment/House shall be partially damaged or destroyed by fire or other casualtycause at any time during the said term, this Lease the premises shall be repaired by Landlord with all reasonable dispatch, and all provided that such damage has not been caused by the acts or omissions to act by Xxxxxx, their guest(s) and invitee(s), a proportional reduction of its termsrent shall be allowed Tenant for the time required by such repairs, covenants except that (i) if Tenant can use and conditions shalloccupy the Apartment/House without substantial inconvenience, subject there shall be no reduction of rent, and (ii) if said repairs are delayed because of the failure of said Tenant to adjust his own insurance (if any), no reduction shall be made beyond a reasonable time allowed for such adjustment. If the damage caused by fire or other cause shall amount substantially to the provisions hereinafter set forth, continue in full force and effect, and Landlord shall promptly repair such damage at Landlord’s sole cost and expense. Notwithstanding the foregoing, if such damage, in whole or in part, results from the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns, Tenant shall be liable for such damages and repairs. In the event that the damage to the leased premises or to the premises of which the leased premises is a part is so extensive as to amount practically to the total destruction of the leased premises Apartment/House or the buildingbuilding containing the Apartment, and either Landlord shall have the option to rebuild and/or repair the damage or to cancel this lease by notice in writing delivered to Tenant may elect to terminate this Lease by giving written termination notice to the other party within sixty thirty (30) days after the occurrence of the destruction., and in such event, this Lease shall cease and the rent shall be apportioned to the time of the destruction, unless such destruction, in whole or in part, was the result of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage to the demised premises, or the building in which it is located, by fire or other casualty if resulting in such damage. If Tenant elects to rent or utilize alternate housing facilities following damage to the leased premises, the Tenant shall be deemed legally liable in responsible for payment for such respectalternate facilities. The provisions residents are solely liable and responsible for all fire and smoke damage and losses, of this section shall be considered as whatsoever kind, to the express agreement governing any case leased premises, the Landlord’s building, the Landlords property, and the property of damage others, which are caused by the negligence, tortuous acts, or destruction other acts of omission of the premises tenant, any member of the tenants household, the tenants guests, or any other person under the tenants control. It is expressly, clearly, and unequivocally agreed by the parties that the Tenant is solely liable to Landlord or Landlord’s insurer or agent for all such fire and smoke damage and losses which are caused by the Tenant, any member of the tenants household, the Tenants guests or other casualtyany person under the Tenants control. It is clearly agreed that the tenant, and not the landlord, is liable for all such fire and smoke damages and losses.

FIRE DAMAGE. If all the Premises shall be destroyed or part of the leased premises is damaged or destroyed by ----------- fire or other casualty, covered by standard extended coverage endorsement, Landlord shall (unless this Lease shall be terminated as hereinafter provided) diligently proceed, after adjustment of such loss, to repair or restore the basic building structure and facilities of the Premises, together with all items which Landlord furnished to Tenant upon the commencement of its termsthe term hereof, covenants and conditions shall, subject to the provisions hereinafter set forth, continue condition in full force and effect, and Landlord which they existed immediately prior to such destruction or damage. Of the Premises or any part thereof shall promptly repair such damage at Landlord’s sole cost and expense. Notwithstanding the foregoing, if such be rendered untenantable by any destruction or damage, whether covered by standard extended coverage endorsement or not, a just proportion of the rental based upon the number of square feet of area in whole or in partthe Premises which are untenantable, results from the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns, Tenant shall be liable for abated until the Premises or such damages and repairspart thereof shall have been put in tenantable condition by Landlord. In the event event, however, that the any destruction or damage to the leased premises Premises, or to the premises Building (regardless of which whether or not the leased premises is a part Premises be affected), is so extensive that Landlord, in its sole discretion, shall elect not to repair or restore the Premises or Building, as to amount practically to the total destruction of the leased premises or the buildingcase may be, and either Landlord or Tenant may elect to terminate this Lease (effective as of the date of the destruction or damage) by giving written termination notice to the other party Tenant given within sixty ninety (90) days after the occurrence of the event giving rise to the damage or destruction., and in such event, . In the event that this Lease is terminated, Tenant shall cease not have any claim against Landlord, including for the value of the unexpired term of the Lease or for the expenses of moving to another location. Anything herein to the contrary notwithstanding, if the Premises or the Building is destroyed, or so damaged that in normal course it cannot be repaired and made tenantable within ninety (90) days, or so damaged that Landlord shall decide not to repair or rebuild, either Landlord or Tenant may terminate this lease by giving notice to the other, and the rent shall be apportioned paid to the time or adjusted as of the destruction, unless such destruction, in whole or in part, was the result date of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Leasedamage, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage to the demised premises, or the building in which it is located, by fire or other casualty if Tenant shall be deemed legally liable in such respect. The provisions of this section shall be considered as thereupon vacate the express agreement governing any case of damage or destruction of the premises by fire or other casualtyPremises and surrender them to Landlord.