Common use of FIRE OR CASUALTY Clause in Contracts

FIRE OR CASUALTY. The Landlord has the right to terminate this Lease if all or any part of the Premises is damaged by fire or other casualty to the extent that it cannot reasonably be repaired within one hundred (100) days after the date of such fire or casualty. This right of termination is exercisable by written notice to Tenant within sixty (60) days of the date of the fire or other casualty. If this Lease is not terminated, Landlord shall promptly and in good faith, seek to restore the Premises. Such restoration shall be to substantially the same condition that existed prior to the fire or other casualty, except for modifications required by law. Upon notice from Landlord, Tenant shall assign to Landlord (or Landlord's designee) all property insurance proceeds payable to Tenant under Tenant's Insurance with respect to any leasehold improvements for the benefit of Tenant; provided that if the estimated cost to repair such leasehold improvements exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repairs. Within fourteen (14) days of demand, Tenant shall also pay Landlord for any excess costs identified during the course of repair work. Landlord shall not be liable for any inconvenience to Tenant, or injury to Tenant's business resulting in any way from the fire or other casualty or the repair work. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered unusable as a result of the fire or other casualty, the Rent shall xxxxx for the portion of the Premises that is unusable.

FIRE OR CASUALTY. The PARAGRAPH 13 In the event that the Project (regardless of whether the Premises or access thereto is affected) is so damaged or destroyed to the extent of more than one-third of its replacement cost, or to any substantial extent by a casualty not covered by Landlord's insurance, or during the last two (2) years of this Lease, Landlord has the right OR TENANT (IF TENANT IS UNABLE TO CONDUCT ITS NORMAL BUSINESS), upon giving thirty (30) days' notice to THE OTHER, may elect to terminate this Lease if all Lease. If the damage or any part of the Premises destruction is damaged by fire or other casualty to the extent that it cannot reasonably be repaired than as provided above, then Landlord shall commence within one hundred ninety (10090) days after the date of such fire damage or casualty. This right of termination is exercisable by written notice destruction to Tenant within sixty (60) days of the date of the fire rebuild, repair or other casualty. If this Lease is not terminated, Landlord shall promptly and in good faith, seek to restore the Premises. Such restoration shall be Premises and access thereto to substantially the same condition that existed prior as when the same were delivered to Tenant, excluding the fire or other casualtyimprovements owned by Tenant, except for modifications required by lawand the Lease shall continue in full force and effect. Upon notice from Landlord, Tenant shall assign to Landlord (or Landlord's designeeTENANT SHALL RECEIVE A RENT ABATEMENT PROPORTIONAL TO THE PORTION OF THE PREMISES RENDERED UNUSABLE UNTIL THE EARLIER OF A) all property insurance proceeds payable to Tenant under Tenant's Insurance with respect to any leasehold improvements for the benefit of Tenant; provided that if the estimated cost to repair such leasehold improvements exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repairs. Within fourteen (14THE REPAIR OR RESTORATION OR B) days of demand, Tenant shall also pay Landlord for any excess costs identified during the course of repair workTHE EFFECTIVE DATE OF THE TERMINATION OF THIS LEASE. Landlord shall not in no event be liable for obligated to make any inconvenience to repairs or replacements of any items owned by Tenant, or injury to Tenant's business resulting in any way from . If the fire or other casualty or the repair work. Provided that Tenant Lease is not in default, during any period of time that all or a material portion of terminated but the Premises is are rendered unusable as a result of the fire or other casualtytotally untenantable, the Rent shall xxxxx for during the portion period of such untenantability. Tenant acknowledges (i) that Landlord shall not obtain insurance of any kind on Tenant's improvements and betterment to the Premises owned by Tenant or on Tenant's furniture, fixtures, equipment and other personal property, (ii) that it is unusableTenant's obligation to obtain such insurance at Tenant's sole cost and expense, and (iii) that Landlord not be obligated to repair any damage thereto or replace the same.

FIRE OR CASUALTY. (a) The Landlord has occurrence of any fire or other casualty shall constitute no basis for the right to terminate termination of this Lease if all or any part abatement of rent, except as expressly provided for herein. If the Premises Building is damaged by fire or other casualty to (whether or not the extent Premises are damaged) and if Landlord obtains a reasonable professional estimate that it cannot reasonably be repaired within one hundred the cost of restoring the Building would exceed fifty percent (10050%) days after of the date full insurable value of such fire or casualty. This right of termination is exercisable the Building, Landlord may, by written notice to Tenant within sixty (60) days of the date of the fire or other casualty. If this Lease is not terminated, Landlord shall promptly and in good faith, seek to restore the Premises. Such restoration shall be to substantially the same condition that existed prior to the after such fire or other casualty, except for modifications required by lawterminate this Lease without incurring any liability to Tenant. Upon notice from LandlordIf Landlord fails so to notify Tenant, Tenant Landlord shall assign use reasonable efforts to Landlord repair the Building (or Landlord's designeeincluding the restoration of the demising walls of the Premises and Building services to the outside perimeter of the Premises) all property insurance proceeds payable to Tenant under Tenant's Insurance with respect to any leasehold improvements reasonable dispatch, allowing for the benefit of Tenant; provided that if the estimated cost to repair such leasehold improvements exceeds the amount adjustment and settlement of insurance proceeds received by Landlord from Tenant's insurance carrierclaims, the excess cost preparation of such repairs plans and specifications, the obtaining of governmental approvals and certificates, the obtaining of contractors and laborers and any other delay. So long as Landlord restores the Building so it is suitable for substantially the same uses, Landlord shall not be paid by Tenant obligated to Landlord prior to Landlord's commencement duplicate the original construction or design of repairs. Within fourteen (14) days of demand, Tenant shall also pay Landlord for any excess costs identified during the course of repair workBuilding. Landlord shall not be liable obligated to repair, restore or replace: (1) any property within the Premises; (2) any damage that occurs during the last year of the Term (as extended, if at all, pursuant to the exercise of any Renewal Option); or (3) any damage for any inconvenience the repair of which insurance proceeds are not available. Tenant shall cooperate fully with all repairs made to Tenant, or injury to the Building (including removing Tenant's business resulting in any way moveable property and trade fixtures from the fire or other casualty or Premises as soon as practicable to clear the repair work. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered unusable as a result of the fire or other casualty, the Rent shall xxxxx for the portion of the Premises that is unusableway therefor).

FIRE OR CASUALTY. The Landlord has a. If the right to terminate this Lease if all Premises or any part thereof shall be damaged by fire or any other cause, Tenant shall give prompt notice thereof to Landlord. If, in the reasonable judgment of Landlord's architect, restoration of the Premises is feasible within a period of twelve (12) months from the date of the damage, and provided such damage was not caused by Tenant, its agents, servants or invitees, Landlord shall restore the Premises to the condition existing as of the Commencement Date, provided that adequate insurance proceeds are made available to Landlord. Tenant agrees to make all proceeds of Tenant's insurance policies available to Landlord in accordance with Tenant's insurance obligations set forth in Section 12, above. In addition, Tenant shall repair and restore, at Tenant's sole expense, all Alterations, furniture, fixtures and other property of Tenant located in the Premises prior to such casualty. If, as a result of such casualty, the Premises are rendered untenantable, in whole or in part, and Tenant ceases to occupy the whole or such part of the Premises is damaged by fire or other casualty during the restoration of such portion of the Premises, the Monthly Base Rent and Additional Rent hereunder shall be abated to the extent and for the period that it cannot reasonably be repaired within one hundred the Premises (100or portion thereof) days after are rendered untenantable; provided, however, that if such damage or destruction shall result from the date act or omission of such fire Tenant, its employees, agents or casualty. This right of termination is exercisable by written notice to Tenant within sixty (60) days of the date of the fire or other casualty. If this Lease is not terminated, Landlord shall promptly and in good faith, seek to restore the Premises. Such restoration shall be to substantially the same condition that existed prior to the fire or other casualty, except for modifications required by law. Upon notice from Landlordinvitees, Tenant shall assign to Landlord (or Landlord's designee) all property insurance proceeds payable to Tenant under Tenant's Insurance with respect not be entitled to any leasehold improvements for the benefit abatement of Tenant; provided that if the estimated cost to repair such leasehold improvements exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repairs. Within fourteen (14) days of demand, Tenant shall also pay Landlord for any excess costs identified during the course of repair work. Landlord shall not be liable for any inconvenience to Tenant, Monthly Base Rent or injury to Tenant's business resulting in any way from the fire or other casualty or the repair work. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered unusable as a result of the fire or other casualty, the Rent shall xxxxx for the portion of the Premises that is unusableAdditional Rent.

FIRE OR CASUALTY. The Landlord has the right to terminate this Lease if all or any part of the Premises is damaged by fire or other casualty to the extent that it cannot reasonably be repaired within one hundred (100) days after the date of such fire or casualty. This right of termination is exercisable by written notice to Tenant within sixty (60) 60 days of the date of the fire or other casualty. If this Lease is not terminatedterminate, Landlord shall promptly and in good faith, seek seed to restore the Premises. Such restoration shall be to substantially the same condition that existed prior to the fire or other casualty, except for modifications required by law. Upon notice from Landlord, Tenant shall assign to Landlord (or Landlord's designee) all property insurance proceeds payable to Tenant under Tenant's Insurance insurance with respect to any leasehold improvements for the benefit of Tenant; provided that if the estimated cost to repair such leasehold improvements exceeds the amount of insurance proceeds received by Landlord from form Tenant's insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repairs. Within fourteen (14) days of demand, Tenant shall also pay Landlord for any excess costs identified during the course of repair work. Landlord shall not be liable for any inconvenience to Tenant, or injury to TenantXxxxxx's business resulting in any way from the fire or other casualty or the repair work. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered unusable as a result of the fire or other casualty, the Rent shall xxxxx for the portion of the Premises that is unusable.

FIRE OR CASUALTY. The a. If the Premises or any part thereof shall be damaged by fire or any other cause, Tenant shall give prompt notice thereof to Landlord. If, in the reasonable judgment of Landlord’s architect (to be made within thirty (30) days of such notice), restoration of the Premises, including Common Areas necessary to access the Premises, is feasible within a period of twelve (12) months from the date of the damage, Landlord has shall restore the right Premises and such Common Areas to the condition existing immediately prior to the casualty, provided that adequate insurance proceeds are made available to Landlord. Tenant agrees to make all proceeds of Tenant’s insurance policies available to Landlord in accordance with Tenant’s insurance obligations set forth in Section 12 above. It shall be Tenant’s obligation to repair and restore, at Tenant’s sole expense, all Tenant’s Personal Property located in the Premises prior to such casualty. If, as a result of such casualty, the Premises are rendered untenantable, in whole or in part, and Tenant ceases to occupy the whole or such part of the Premises during the restoration of such portion of the Premises, the Monthly Base Rent and Additional Rent hereunder shall be abated to the extent and for the period that the Premises (or portion thereof) are rendered untenantable. Notwithstanding the foregoing, even though such restoration within twelve (12) months is feasible, Landlord may terminate this Lease if all or any part the damage/casualty occurs during the last two (2) years of the Premises is damaged by fire Term or other casualty an Extension Period (as applicable) unless Tenant agrees to exercise the extent that it cannot reasonably be repaired within one hundred first or remaining Extension Option (100) days after as the date of such fire or casualty. This right of termination is exercisable by written notice to Tenant within sixty (60) days of the date of the fire or other casualty. If this Lease is not terminated, Landlord shall promptly and in good faith, seek to restore the Premises. Such restoration shall be to substantially the same condition that existed prior to the fire or other casualty, except for modifications required by law. Upon notice from Landlord, Tenant shall assign to Landlord (or Landlord's designee) all property insurance proceeds payable to Tenant under Tenant's Insurance with respect to any leasehold improvements for the benefit of Tenant; provided that if the estimated cost to repair such leasehold improvements exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repairs. Within fourteen (14) days of demand, Tenant shall also pay Landlord for any excess costs identified during the course of repair work. Landlord shall not be liable for any inconvenience to Tenant, or injury to Tenant's business resulting in any way from the fire or other casualty or the repair work. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered unusable as a result of the fire or other casualty, the Rent shall xxxxx for the portion of the Premises that is unusablecase may be).

FIRE OR CASUALTY. The Landlord has a. If the right to terminate this Lease if all Premises or any part of the Premises is thereof shall be damaged by fire or any other casualty cause, Tenant shall give prompt notice thereof to the extent that it cannot reasonably be repaired within one hundred Landlord. Within sixty (10060) days after the date of such fire or casualty. This right of termination is exercisable by any casualty to the Premises, Landlord shall provide Tenant with written notice of the length of time needed to Tenant restore the Premises pursuant to the terms of this Section 13 (the "Casualty Notice"). If the Casualty Notice states that restoration of the Premises is feasible within sixty a period of nine (609) days of months from the date of the fire damage, and provided such damage was not caused by Tenant, its agents, servants or invitees, Landlord shall restore the Premises to the condition existing as of the Possession Date, provided that adequate insurance proceeds are made available to Landlord. Tenant agrees to make all proceeds of Tenant's insurance policies available to Landlord in accordance with Tenant's insurance obligations set forth in Section 12, above. In addition, Tenant shall repair and restore, at Tenant's sole expense, all Alterations, furniture, fixtures and other property of Tenant located in the Premises prior to such casualty. If this Lease is not terminatedthe Premises are unusable, Landlord shall promptly in whole or in part, during such restoration, the Monthly Base Rent and in good faith, seek to restore the Premises. Such restoration Additional Rent hereunder shall be to substantially the same condition that existed prior abated to the fire extent and for the period that the Premises are unusable; provided, however, that if such damage or other casualtydestruction shall result from the act or omission of Tenant, except for modifications required by law. Upon notice from Landlordits employees, agents or invitees, Tenant shall assign to Landlord (or Landlord's designee) all property insurance proceeds payable to Tenant under Tenant's Insurance with respect not be entitled to any leasehold improvements for the benefit abatement of Tenant; provided that if the estimated cost to repair such leasehold improvements exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repairs. Within fourteen (14) days of demand, Tenant shall also pay Landlord for any excess costs identified during the course of repair work. Landlord shall not be liable for any inconvenience to Tenant, Monthly Base Rent or injury to Tenant's business resulting in any way from the fire or other casualty or the repair work. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered unusable as a result of the fire or other casualty, the Rent shall xxxxx for the portion of the Premises that is unusableAdditional Rent.

FIRE OR CASUALTY. The Landlord has In the right to terminate this Lease if all or any part of event that (a) the Premises is or the Office Building containing the Premises should be so damaged by fire or other casualty that rebuilding or repairs cannot be completed within one (1) year after the date of commencement of reconstruction, as determined by Landlord, or (b) the Premises shall be so damaged during the last two (2) years of the Lease Term to the extent that it cannot reasonably be repaired more than fifty percent (50%) of the area thereof is rendered untenantable, Landlord may at its option terminate this Lease within one hundred ninety (10090) days after such damage by giving written notice to Tenant, in which event rent shall be abated effective with the date of such fire or damage. If, following any such casualty. This right of termination is exercisable by written notice to Tenant within sixty (60) days of the date of the fire or other casualty. If this Lease is not terminated, Landlord shall promptly and does not terminate this Lease, or in good faith, seek the event of casualty damage of a lesser extent to restore the Office Building containing the Premises. Such restoration shall be , Landlord shall, following receipt of insurance proceeds, to the extent of such proceeds, rebuild or repair the Premises or the Office Building to substantially the same condition that existed in which they were immediately prior to the happening of the fire or other casualty, except for modifications required by law. Upon notice from Landlord, Tenant shall assign to Landlord (or Landlord's designee) all property insurance proceeds payable to Tenant under Tenant's Insurance with respect to any leasehold improvements for the benefit of Tenant; provided that if the estimated cost to repair such leasehold improvements exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repairs. Within fourteen (14) days of demand, Tenant shall also pay Landlord for any excess costs identified during the course of repair work. Landlord shall not be liable for required to rebuild, repair or replace any inconvenience to Tenantpart of the furniture, or injury to Tenant's business resulting in any way from the fire equipment, fixtures and other personal property which may have been placed by Tenant or other casualty tenants within the Office Building or the repair workPremises. Provided that Landlord shall allow Tenant is not in default, a fair diminution of rental during any period of the time that all or a material portion of the Premises is rendered unusable as a result of the fire or other casualtyare unfit for occupancy and, at Landlord's option, the Rent Lease Term shall xxxxx be extended for a period equal to the portion of period that the Premises that is unusableare unfit for occupancy.

FIRE OR CASUALTY. The Landlord has the right to terminate this Lease if all or any part of the Premises is damaged by fire or other casualty to the extent that it cannot reasonably be repaired within one hundred (100) days after the date of such fire or casualty. This right of termination is exercisable by written notice to Tenant within sixty (60) days of the date of the fire or other casualty. If this Lease is not terminated, Landlord shall promptly and in good faith, seek to restore the Premises. Such restoration shall be to substantially the same condition that existed prior to the fire or other casualty, except for modifications required by law. Upon notice from Landlord, Tenant shall assign to Landlord (or LandlordXxxxxxxx's designee) all property insurance proceeds payable to Tenant under Tenant's Insurance with respect to any leasehold improvements for the benefit of Tenant; provided that if the estimated cost to repair such leasehold improvements exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repairs. Within fourteen (14) days of demand, Tenant shall also pay Landlord for any excess costs identified during the course of repair work. Landlord shall not be liable for any inconvenience to Tenant, or injury to TenantXxxxxx's business resulting in any way from the fire or other casualty or the repair work. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered unusable as a result of the fire or other casualty, the Rent shall xxxxx for the portion of the Premises that is unusable.

FIRE OR CASUALTY. (a) The Landlord has occurrence of any fire or other casualty shall constitute no basis for the right to terminate termination of this Lease if all or any part abatement of rent, except as expressly provided for herein. If the Premises Building is damaged by fire or other casualty to (whether or not the extent Premises are damaged) and if Landlord obtains a reasonable professional estimate that it cannot reasonably be repaired within one hundred the cost of restoring the Building would exceed fifty percent (10050%) days after of the date full insurable value of such fire or casualty. This right of termination is exercisable the Building, Landlord may, by written notice to Tenant within sixty (60) days of the date of the fire or other casualty. If this Lease is not terminated, Landlord shall promptly and in good faith, seek to restore the Premises. Such restoration shall be to substantially the same condition that existed prior to the after such fire or other casualty, except for modifications required by lawterminate this Lease without incurring any liability to Tenant. Upon notice from LandlordIf Landlord fails so to notify Tenant, Tenant Landlord shall assign use reasonable efforts to Landlord repair the Building (or Landlord's designeeincluding the restoration of the demising walls of the Premises and Building services to the outside perimeter of the Premises) all property insurance proceeds payable to Tenant under Tenant's Insurance with respect to any leasehold improvements reasonable dispatch, allowing for the benefit of Tenant; provided that if the estimated cost to repair such leasehold improvements exceeds the amount adjustment and settlement of insurance proceeds received by Landlord from Tenant's insurance carrierclaims, the excess cost preparation of such repairs plans and specifications, the obtaining of governmental approvals and certificates, the obtaining of contractors and laborers and any other delay. So long as Landlord restores the Building so it is suitable for substantially the same uses, Landlord shall not be paid by Tenant obligated to Landlord prior to Landlord's commencement duplicate the original construction or design of repairs. Within fourteen (14) days of demand, Tenant shall also pay Landlord for any excess costs identified during the course of repair workBuilding. Landlord shall not be liable obligated to repair, restore or replace: (1) any property within the Premises; (2) any damage that occurs during the last year of the Term (as extended, if at all, pursuant to the exercise of any Renewal Option); or (3) any damage for any inconvenience the repair of which insurance proceeds are not available. Tenant shall cooperate fully with all repairs made to the Building (including removing Tenant, or injury to Tenant's business resulting in any way ’s moveable property and trade fixtures from the fire or other casualty or Premises as soon as practicable to clear the repair work. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered unusable as a result of the fire or other casualty, the Rent shall xxxxx for the portion of the Premises that is unusableway therefor).