FIRE OR CASUALTY DAMAGE. In the event of damage by fire, enemy action, or other casualty to the Apartment or the building in which the Apartment is located, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's enjoyment of the Apartment is substantially impaired or required repairs can only be accomplished if RESIDENT vacates the Apartment, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates as of the date of vacating; or if continued occupancy is lawful, Section 55-226 of the Code of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act of RESIDENT, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be liable for the total rent during the unexpired term of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termination, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as repaired. If this Lease is terminated, OWNER shall r...
FIRE OR CASUALTY DAMAGE. If the dwelling unit or premises are damaged or destroyed by fire or other casualty to the extent that enjoyment of the dwelling unit is substantially impaired, Tenant may (i) immediately vacate the premises and notify Landlord within fourteen (14) days of Tenant's intention to terminate this Rental Agreement, in which case, this Rental Agreement shall terminate as of the date of vacating, or (ii) if continued occupancy is lawful, vacate only that part of the dwelling unit until rendered unusable by the fire or casualty, in which case, Tenant's liability for rent shall be reduced in proportion to the diminution in the fair rental value of the dwelling unit. If this Rental Agreement is terminated under the provisions of this paragraph, Landlord shall return to Tenant all prepaid rent and security recoverable under the Iowa Uniform Residential Landlord and Tenant Act. Accounting for rent in the event of termination or apportionment shall occur as of the date of the casualty.
FIRE OR CASUALTY DAMAGE. Should fire or casualty damage have been caused by Tenant's action or neglect, Tenant shall not be relieved of the responsibility for payment of rent, and Tenant shall also accept the full responsibility for all associated repairs and costs incurred.
FIRE OR CASUALTY DAMAGE. In the event of damage or destruction of the Demised Premises by fire or any other casualty without the fault or neglect of Tenant, its agents, employees, invitees or visitors, this Lease shall not be terminated, but structural damage to the premises including demising partitions and doors shall be promptly and fully repaired and restored as the case may be by Landlord at its own cost and expense. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of insurance claims, and for such other delays as may result from government restrictions, and controls on construction, if any, and for strikes, national emergencies and other conditions beyond the control of Landlord. Restoration by Landlord shall not include replacement of furniture, equipment or other items that do not become part of the building or any improvements to the Demised Premises in excess of those provided for as building standard items as of the commencement date of this Lease. Tenant shall be responsible for the repair and restoration of the Demised Premises and Tenant's property beyond Landlord's obligation at no cost to Landlord, in accordance with the provisions of Section 6, for which it shall maintain adequate insurance pursuant to Section 8.4 herein. In the event of fire or casualty damage to the Demised Premises caused by the fault or neglect of Tenant, its agents, employees, invitees or visitors, Landlord shall restore structural damages as described herein at Tenant's cost and expense. It is agreed that in any of the aforesaid events, this Lease shall continute in full force and effect.
FIRE OR CASUALTY DAMAGE. If the Dwelling Unit is damaged or destroyed by fire or other casualty to the extent that enjoyment of the Dwelling Unit is substantially impaired, Tenant may:
FIRE OR CASUALTY DAMAGE. In the event of damage or destruction of the Leased Premises or a portion thereof by fire or any other casualty, then, except as otherwise provided in Section 7.2, this Lease shall not be terminated, but the Building, including demising partitions and doors, shall be promptly and fully repaired and restored as the case may be by Landlord at its own cost and expense. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of insurance claims, and for such other delays as may result from government restrictions, and controls on construction, if any, and for strikes, national emergencies and other conditions beyond the control of Landlord. Restoration by Landlord shall not include replacement of Tenant's Property or Alterations performed by Tenant. Tenant shall, at its expense, repair, restore and replace Tenant's Property and all Alterations performed by Tenant. Tenant's restoration, replacement and repair work shall comply with Section 5.3 hereof and Tenant shall maintain adequate insurance on all such replacements, restoration and property pursuant to Section 6.2. It is agreed that in any of the aforesaid events, this Lease shall continue in full force and effect.
FIRE OR CASUALTY DAMAGE. 15 9.3 Untenantability .................................................. 15 (a)
FIRE OR CASUALTY DAMAGE. If there is damage or destruction of the Premises by fire or any other casualty, this Lease shall not be terminated, except as provided in Section 18(c), but the Premises shall be promptly and fully repaired and restored by Landlord to the extent of available insurance proceeds.
FIRE OR CASUALTY DAMAGE. In the event of damage or destruction of the Demised Premises or a portion thereof by fire or any other casualty not due to the acts or omissions of Tenant, its agents, employees, invitees or visitors, then, except as otherwise provided in Section 9.3, this Lease shall not be terminated, but structural damage to the Demised Premises, including demising partitions and doors, shall be promptly and fully repaired and restored as the case may be by Landlord at its own cost and expense. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of insurance claims, and for such other delays as may result from government restrictions, and controls on construction, if any, and for strikes, national emergencies and other conditions beyond the control of Landlord. Restoration by Landlord shall not include replacement of Tenant's Property or that portion of the Leasehold Improvements provided by Landlord as of the Commencement Date above the building standard items as of the Commencement Date. If the items which Landlord provides as building standard items have changed since the Commencement Date, then, at Landlord's election, such restoration shall not include restoration of Leasehold Improvements in excess of those provided by Landlord as building standard as of the date of such restoration. Tenant shall, at its expense, repair, restore and replace Tenant's Property and all elements of the Demised Premises excluded from the scope of Landlord's duty to restore pursuant to this Section 9.2. Tenant's restoration, replacement and repair work shall comply with Section 6 hereof and Tenant shall maintain adequate insurance on all such replacements, restoration and property pursuant to Section 8.5. In the event of fire or casualty damage to the Demised Premises caused by the fault, act or omission or neglect of Tenant, its agents, employees, invitees or visitors, Landlord may, but shall not be obligated to, restore all or any portion of the damage described herein (which may or may not include the Demised Premises). It is agreed that in any of the aforesaid events, this Lease shall continue in full force and effect.
FIRE OR CASUALTY DAMAGE. During any time when the dwelling cannot be used because of fire or casualty damage, Tenants are not responsible for payment of rent. Should a portion of the dwelling become unusable due to fire or casualty damage, Tenants are not responsible for payment of rent on that portion. In either case, Owner reserves the right to decide whether the dwelling is usable and what portions are usable. Owner is not responsible for repairing or replacing any improvements made by Tenants if those improvements are damaged. Should the fire or casualty damage have been caused by Tenants’ own action or neglect, they shall not be relieved of the responsibility for payment of rent, and they shall also bear the full responsibility for repair of the damage.
