Common use of FIRE OR CASUALTY DAMAGE Clause in Contracts

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.

Appears in 1 contract

Samples: Lease and Lease Extension Agreement (Otg Software Inc)

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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 negligent 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.

Appears in 1 contract

Samples: Quadramed Corp

FIRE OR CASUALTY DAMAGE. In If the event of damage or destruction of the Demised Premises or a portion thereof Leased Space therein shall be partially damaged by fire or any other casualty not casualty, the damages shall, within a reasonable time thereafter, be repaired by and at the expense of Sub-Lessor. Such repair shall be made promptly except that no penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Sub-Lessor and/or Sub-Lessee, and for causes beyond Sub-Lessor’s control. If the Leased Space are totally damaged or are rendered wholly untenantable by fire or other casualty, the basic rent due under Section 3 hereof shall axxxx until restoration or rebuilding. Sub-Lessor shall, subject to the acts terms hereof, within a reasonable time, restore or omissions of Tenant, rebuild same to its agents, employees, invitees or visitors, then, except as otherwise provided in Section 9.3, this Lease shall not be terminated, but structural damage condition existing prior 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 allowancecasualty; provided, however, that Sub-Lessor’s obligation to repair and restore the Leased Space shall be given for reasonable time required for adjustment and settlement limited to the insurance proceeds made available to Sub-Lessor as a result of insurance claimssuch casualty, and Sub-Lessee shall pay 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 any amounts incurred 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 Sub-Lessor in excess of those such insurance proceeds including the amount of deductible not covered by insurance; provided further, however, that, if the Leased Space are totally damaged or rendered wholly untenantable by Landlord as building standard as fire or other casualty, then Sub-Lessor shall have the right and option to terminate this Lease within 30 days of the date of such restoration. Tenant shallcasualty by giving written notice to Sub-Lessee, 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 any basic rents paid pursuant to Section 8.5. In the event of fire 3 hereof 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 (other payments which may or may not include the Demised Premises). It is agreed that in any of the aforesaid events, be due Sub-Lessor under this Lease shall continue in full force be prorated as of the effective date of such termination and effectany advance payments on account of such basic rents received by Sub-Lessor from Sub-Lessee shall be proportionately refunded to Sub-Lessee.

Appears in 1 contract

Samples: Sub Lease (Titan Energy Worldwide, Inc.)

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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 Tenants 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.

Appears in 1 contract

Samples: Net2000 Communications Inc

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