Common use of Fire or Other Casualty Losses Clause in Contracts

Fire or Other Casualty Losses. In the event the Premises are damaged or destroyed or rendered partially untenantable for their then use by fire or other casualty with or without the fault of Lessee, Lessor shall repair and/or rebuild the same as promptly as possible, provided that the proceeds from Lessee’s insurance policies are available to Lessor and sufficient in amount to fully pay all costs of repair or rebuilding. Lessor’s obligation hereunder is merely to restore the Premises to substantially the same condition as existed immediately prior to the happening of the casualty and shall not extend to the repair or replacement of any improvements, additions, fixtures, installations or exterior signs of the Lessee. If as a result of such partial destruction or damage there is substantial interference with the operation of Lessee’s business in the Premises, the rent payable under this lease shall be abated in the proportion that the portion of the Premises destroyed or rendered untenantable bears to the total Premises. Such abatement shall continue for the period commencing with such damage or destruction and ending with the completion by the Lessor of the work of repair and/or reconstruction, if Lessor is obligated to complete such work. In the event that the Lessor believes that the insurance proceeds will not be sufficient to repair of restore the Premises following a casualty it shall so inform the Lessee in writing and the Lessee shall have thirty (30) days from receipt of such notice to either (i) elect to terminate this lease or (ii) elect to receive the insurance proceeds and undertake the Lessor’s obligations with respect to restoration/repair of the Premises. Notwithstanding the foregoing, in the event that fifty percent (50%) or more of the Premises or fifty percent (50%) or more of the buildings situate on the Premises are destroyed or rendered untenantable by fire or other casualty, Lessee shall have the option to terminate this lease effective as of the date of such casualty by giving to the Lessee within thirty (30) days after the happening of such casualty written notice of such termination. If Lessee does not elect to terminate this lease, Lessor shall repair and/or rebuild the Premises as promptly as possible as set forth above, subject to any delay from causes beyond its reasonable control and the terms of this lease shall continue in full force and effect, subject to equitable abatement of rent as set forth above.

Appears in 1 contract

Samples: Stock Purchase Agreement (Champion Industries Inc)

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Fire or Other Casualty Losses. In the event the Premises are damaged or destroyed or rendered partially untenantable for their then use by fire or other casualty with or without the fault of Lessee, Lessor shall repair and/or rebuild the same as promptly as possible, provided that the proceeds from Lessee’s insurance policies are available to Lessor and sufficient in amount to fully pay all costs of repair or rebuilding. Lessor’s 's obligation hereunder is merely to restore the Premises to substantially the same condition as existed immediately prior to the happening of the casualty and shall not extend to the repair or replacement of any improvements, additions, fixtures, installations or exterior signs of the Lessee. If as a result of such partial destruction or damage there is substantial interference with the operation of Lessee’s 's business in the Premises, the rent payable under this lease shall be abated in the proportion that the portion of the Premises destroyed or rendered untenantable bears to the total Premises. Such abatement shall continue for the period commencing with such damage or destruction and ending with the completion by the Lessor of the work of repair and/or reconstruction, if Lessor is obligated to complete such work. In If the event that damage or casualty was caused by the Lessor believes that the insurance proceeds will not be sufficient to repair of restore the Premises following a casualty it shall so inform the Lessee in writing and the Lessee shall have thirty (30) days from receipt of such notice to either (i) elect to terminate this lease or (ii) elect to receive the insurance proceeds and undertake the Lessor’s obligations with respect to restoration/repair fault of the PremisesLessee, there shall be no abatement of rent. Notwithstanding the foregoing, in the event that fifty percent (50%) or more of the Premises or fifty percent (50%) or more of the buildings situate on the Premises are destroyed or rendered untenantable by fire or other casualty, Lessee Lessor shall have the option to terminate this lease effective as of the date of such casualty and retain the insurance proceeds by giving to the Lessee within thirty forty-five (3045) days after the happening of such casualty written notice of such termination. If Lessee Lessor does not elect to terminate this lease, Lessor shall repair and/or rebuild the Premises as promptly as possible as set forth above, subject to any delay from causes beyond its reasonable control and the terms of this lease shall continue in full force and effect, subject to equitable abatement of rent as set forth above.

Appears in 1 contract

Samples: Lease Agreement (Champion Industries Inc)

Fire or Other Casualty Losses. In If the event the Premises are demised premises should be damaged or destroyed or rendered partially untenantable for their then use during the Sublease term by fire or other insurable casualty with or without the fault of LesseeTenant, Lessor Landlord shall repair and/or rebuild restore the same as promptly as possible, provided that the proceeds from Lessee’s insurance policies are available to Lessor and sufficient in amount to fully pay all costs of repair or rebuilding. Lessor’s obligation hereunder is merely to restore the Premises to substantially the same condition as existed it was in immediately prior to such damage or destruction, except as in this Article provided. Landlord's obligation under this Article shall in no event exceed the happening scope of the casualty and work required to be done by Landlord in the original construction of the building. Landlord shall not extend to the repair be required to, but Tenant, unless otherwise agreed by Landlord, may with due dispatch, replace or replacement of restore forthwith any improvements, additions, trade fixtures, signs or other installations or exterior signs of the Lesseetheretofore installed by Tenant. If as a result of such partial destruction or damage there is substantial interference with the operation of Lessee’s business in the Premises, the rent Basic Rent payable under this lease Sublease shall be abated in proportionately according to the proportion that the portion floor area of the Premises destroyed or rendered untenantable bears to demised premises which is unusable by the total PremisesTenant, but if such damage was caused by the fault of Tenant there shall be no abatement of rent. Such abatement shall continue for the period commencing with such damage or destruction and ending with the completion by the Lessor Landlord of the such work of repair and/or reconstruction, if Lessor reconstruction as Landlord is obligated to complete such workdo. In If, however, the event building should be damaged or destroyed by any cause so that the Lessor believes that Landlord shall decide to demolish or to abandon, or completely rebuild the insurance proceeds will not be sufficient to repair of restore the Premises following a casualty it shall so inform the Lessee in writing and the Lessee shall have thirty building Landlord may, within sixty (3060) days from receipt after such damage or destruction, give Tenant written notice of such notice decision, and thereupon this Sublease shall be deemed to either (i) elect to terminate this lease or (ii) elect to receive the insurance proceeds and undertake the Lessor’s obligations with respect to restoration/repair of the Premises. Notwithstanding the foregoing, in the event that fifty percent (50%) or more of the Premises or fifty percent (50%) or more of the buildings situate on the Premises are destroyed or rendered untenantable by fire or other casualty, Lessee shall have the option to terminate this lease effective terminated as of the date of such casualty by giving the damage or destruction and Tenant shall immediately quit and surrender the demised premises to the Lessee within thirty Landlord; provided, however, that Tenant shall have sixty (3060) days after thereafter to remove its property from the happening of such casualty written notice of such termination. If Lessee does not elect to terminate this lease, Lessor shall repair and/or rebuild the Premises as promptly as possible as set forth above, subject to any delay from causes beyond its reasonable control and the terms of this lease shall continue in full force and effect, subject to equitable abatement of rent as set forth abovedemised premises.

Appears in 1 contract

Samples: Sublease Agreement (Foster L B Co)

Fire or Other Casualty Losses. In the event the Premises are damaged or destroyed or rendered partially untenantable for their then use by fire or other casualty with or without the fault of Lessee, Lessor shall repair and/or rebuild the same as promptly as possible, provided that the proceeds from Lessee’s 's insurance policies are available to Lessor and sufficient in amount to fully pay all costs of repair or rebuilding. Lessor’s 's obligation hereunder is merely to restore the Premises to substantially the same condition as existed immediately prior to the happening of the casualty and shall not extend to the repair or replacement of any improvements, additions, fixtures, installations or exterior signs of the Lessee. If as a result of such partial destruction or damage there is substantial interference with the operation of Lessee’s 's business in the Premises, the rent payable under this lease shall be abated in the proportion that the portion of the Premises destroyed or rendered untenantable bears to the total Premises. Such abatement shall continue for the period commencing with such damage or destruction and ending with the completion by the Lessor of the work of repair and/or reconstruction, if Lessor is obligated to complete such work. In If the event that damage or casualty was caused by the Lessor believes that the insurance proceeds will not be sufficient to repair of restore the Premises following a casualty it shall so inform the Lessee in writing and the Lessee shall have thirty (30) days from receipt of such notice to either (i) elect to terminate this lease negligence or (ii) elect to receive the insurance proceeds and undertake the Lessor’s obligations with respect to restoration/repair fault of the PremisesLessee, its employees, agents or invitees, there shall be no abatement of rent. Notwithstanding the foregoing, in the event that fifty percent (50%) or more of the Premises or fifty percent (50%5O%) or more of the buildings building situate on the Premises are destroyed or rendered untenantable by fire or other casualty, Lessee either party shall have the option to terminate this lease effective as of the date of such casualty by giving to and Lessor may in such event retain the Lessee casualty insurance proceeds. The terminating party shall give the other party notice of termination within thirty forty-five (3045) days after the happening of such casualty written notice of such terminationcasualty. If Lessee does not elect neither party elects to terminate this lease, Lessor shall repair and/or rebuild the Premises as promptly as an possible as set forth above, subject to any delay from causes beyond its reasonable control and the terms of this lease shall continue in full force and effect, subject to equitable abatement of rent as set forth aboveabove and subject to the insurance proceeds covering the cost of such repair and/or rebuilding.

Appears in 1 contract

Samples: Lease Agreement (Champion Industries Inc)

Fire or Other Casualty Losses. In the event the Premises are damaged or destroyed or rendered partially untenantable for their then use by fire or other casualty with or without the fault of Lessee, Lessor shall repair and/or rebuild the same as promptly as possible, provided that the proceeds from Lessee’s 's insurance policies are available to Lessor and sufficient in amount to fully pay all costs of repair or rebuilding. Lessor’s 's obligation hereunder is merely to restore the Premises to substantially the same condition as existed immediately prior to the happening of the casualty and shall not extend to the repair or replacement of any improvements, additions, fixtures, installations or exterior signs of the Lessee. If as a result of such partial destruction or damage there is substantial interference with the operation of Lessee’s 's business in the Premises, the rent payable under this lease shall be abated in the proportion that the portion of the Premises destroyed or rendered untenantable bears to the total Premises. Such abatement shall continue for the period commencing with such damage or destruction and ending with the completion by the Lessor of the work of repair and/or reconstruction, if Lessor is obligated to complete such work. In If the event that damage or casualty was caused by the Lessor believes that the insurance proceeds will not be sufficient to repair of restore the Premises following a casualty it shall so inform the Lessee in writing and the Lessee shall have thirty (30) days from receipt of such notice to either (i) elect to terminate this lease or (ii) elect to receive the insurance proceeds and undertake the Lessor’s obligations with respect to restoration/repair fault of the PremisesLessee, there shall be no abatement of rent. Notwithstanding the foregoing, in the event that fifty percent (50%) or more of the Premises or fifty percent (50%) or more of the buildings situate on the Premises are destroyed or rendered untenantable by fire or other casualty, Lessee Lessor shall have the option to terminate this lease effective as of the date of such casualty and retain the insurance proceeds by giving to the Lessee within thirty forty-five (3045) days after the happening of such casualty written notice of such termination. If Lessee Lessor does not elect to terminate this lease, Lessor shall repair and/or rebuild the Premises as promptly as possible as set forth above, subject to any delay from causes beyond its reasonable control and the terms of this lease shall continue in full force and effect, subject to equitable abatement of rent as set forth above.

Appears in 1 contract

Samples: Lease Agreement (Champion Industries Inc)

Fire or Other Casualty Losses. In the event the Premises are damaged or destroyed or rendered partially untenantable for their then use by fire or other casualty with or without the fault of Lessee, Lessor shall repair and/or rebuild the same as promptly as possible, provided that the proceeds from Lessee’s 's insurance policies are available to Lessor and sufficient in amount to fully pay all costs of repair or rebuilding. Lessor’s 's obligation hereunder is merely to restore the Premises to substantially the same condition as existed immediately prior to the happening of the casualty and shall not extend to the repair or replacement of any improvements, additions, fixtures, installations or exterior signs of the Lessee. If as a result of such partial destruction or damage there is substantial interference with the operation of Lessee’s 's business in the Premises, the rent payable under this lease shall be abated in the proportion that the portion of the Premises destroyed or rendered untenantable bears to the total Premises. Such abatement shall continue for the period commencing with such damage or destruction and ending with the completion by the Lessor of the work of repair and/or reconstruction, if Lessor is obligated to complete such work. In If the event that damage or casualty was caused by the Lessor believes that the insurance proceeds will not be sufficient to repair of restore the Premises following a casualty it shall so inform the Lessee in writing and the Lessee shall have thirty (30) days from receipt of such notice to either (i) elect to terminate this lease negligence or (ii) elect to receive the insurance proceeds and undertake the Lessor’s obligations with respect to restoration/repair fault of the PremisesLessee, its employees, agents or invitees, there shall be no abatement of rent. Notwithstanding the foregoing, in the event that fifty percent (50%) or more of the Premises or fifty percent (50%) or more of the buildings situate on the Premises are destroyed or rendered untenantable by fire or other casualty, Lessee either party shall have the option to terminate this lease effective as of the date of such casualty by giving to and Lessor may in such event retain the Lessee casualty insurance proceeds. The terminating party shall give the other party notice of termination within thirty forty-five (3045) days after the happening of such casualty written notice of such terminationcasualty. If Lessee does not elect neither party elects to terminate this lease, Lessor shall repair and/or rebuild the Premises as promptly as possible as set forth above, subject to any delay from causes beyond its reasonable control and the terms of this lease shall continue in full force and effect, subject to equitable abatement of rent as set forth aboveabove and subject to the insurance proceeds covering the cost of such repair and/or rebuilding.

Appears in 1 contract

Samples: Lease Agreement (Champion Industries Inc)

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Fire or Other Casualty Losses. In the event the Premises are damaged or destroyed or rendered partially untenantable for their then use by fire or other casualty, Lessee may, in its discretion, (i) exercise its option to purchase the Premises within thirty (30) days of the occurrence of the casualty with and be entitled to retain all insurance proceeds payable on account of such casualty, or without the fault of Lessee, Lessor shall (ii) repair and/or rebuild the same Premises as promptly as possible, provided that the proceeds from Lessee’s 's insurance policies are available to Lessor Lessee and sufficient in amount to fully pay all costs of repair or rebuilding. Lessor’s Lessee's obligation hereunder is merely to restore the Premises to substantially the same condition as existed immediately prior to the happening of the casualty and shall not extend to the repair or replacement of any improvements, additions, fixtures, installations or exterior signs of the Lessee. If such fire or other casualty was not the fault of the Lessee and as a result of such partial destruction or damage there is substantial interference with the operation of Lessee’s 's business in the Premises, the rent payable under this lease shall be abated in the proportion that the portion of the Premises destroyed or rendered untenantable bears to the total Premises. Such abatement shall continue for the period commencing with such damage or destruction and ending with the completion by the Lessor of the work of repair and/or reconstruction, if Lessor is obligated Lessee elects to complete such work. In If the event that damage or casualty was caused by the Lessor believes that the insurance proceeds will not be sufficient to repair of restore the Premises following a casualty it shall so inform the Lessee in writing and the Lessee shall have thirty (30) days from receipt of such notice to either (i) elect to terminate this lease or (ii) elect to receive the insurance proceeds and undertake the Lessor’s obligations with respect to restoration/repair fault of the PremisesLessee, there shall be no abatement of rent. Notwithstanding the foregoing, in the event that fifty percent (50%) or more of the Premises or fifty percent (50%) or more of the buildings situate on the Premises are destroyed or rendered untenantable by fire or other casualty, Lessee shall have the option to (i) exercise its option to purchase the Premises hereunder, (ii) terminate this lease effective as of the date of such casualty, (iii) repair the Premises as provided in the immediately preceding paragraph. In the event Lessee exercises its option to purchase the Premises Lessee shall be entitled to retain all insurance proceeds. In the event that Lessee elects to terminate this lease, Lessor may in such event retain the casualty by giving insurance proceeds with respect to the Premises. Lessee shall either exercise its option to purchase, give the Lessor notice of termination, or commence repair or rebuilding of the Premises within thirty forty-five (3045) days after the happening of such casualty written notice of such terminationcasualty. If Lessee does not elect to terminate this lease, Lessor Lessee shall repair and/or rebuild the Premises as promptly as possible as set forth above, subject to any delay from causes beyond its reasonable control and the terms of this lease shall continue in full force and effect, and subject to equitable abatement of rent as set forth above.

Appears in 1 contract

Samples: Lease Agreement (Champion Industries Inc)

Fire or Other Casualty Losses. In the event the Premises are damaged or destroyed or rendered partially untenantable for their then use by fire or other casualty with or without the fault of Lessee, Lessor shall repair and/or andlor rebuild the same as promptly as possible, provided that the proceeds from Lessee’s insurance policies are available to Lessor and sufficient in amount to fully pay all costs of repair or rebuilding. Lessor’s 's obligation hereunder is merely to restore the Premises to substantially the same condition as existed immediately prior to the happening of the casualty casually and shall not extend to the repair or replacement of any improvements, additions, fixtures, installations or exterior signs of the Lessee. If as a result of such partial destruction or damage there is substantial interference with the operation of Lessee’s 's business in the Premises, the rent payable under this lease shall be abated in the proportion that the portion of the Premises destroyed or rendered untenantable bears to the total Premises. Such abatement shall continue for the period commencing with such damage or destruction and ending with the completion by the Lessor of the work of repair and/or reconstruction, if Lessor is obligated to complete such work. In If the event that damage or casualty was caused by the Lessor believes that the insurance proceeds will not be sufficient to repair of restore the Premises following a casualty it shall so inform the Lessee in writing and the Lessee shall have thirty (30) days from receipt of such notice to either (i) elect to terminate this lease or (ii) elect to receive the insurance proceeds and undertake the Lessor’s obligations with respect to restoration/repair fault of the PremisesLessee, there shall be no abatement of rent. Notwithstanding the foregoing, in the event that fifty percent (50%) or more of the Premises or fifty percent (50%) or more of the buildings situate on the Premises are destroyed or rendered untenantable by fire or other casualty, Lessee Lessor shall have the option to terminate this lease effective as of the date of such casualty and retain the insurance proceeds by giving to the Lessee within thirty forty-five (3045) days after the happening of such casualty written notice of such termination. If Lessee Lessor does not elect to terminate this lease, Lessor shall repair and/or rebuild the Premises as promptly as possible as set forth above, subject to any delay from causes beyond its reasonable control and the terms of this lease shall continue in full force and effect, subject to equitable abatement of rent as set forth above.

Appears in 1 contract

Samples: Lease Agreement (Champion Industries Inc)

Fire or Other Casualty Losses. In If any improvement or improvements located on the event the Premises are demised premises should be damaged or destroyed or rendered partially untenantable for their then use during the Sublease Term by fire or other insurable casualty with or without the fault of LesseeTenant, Lessor Landlord shall repair and/or rebuild restore the same as promptly as possible, provided that the proceeds from Lessee’s insurance policies are available to Lessor and sufficient in amount to fully pay all costs of repair or rebuilding. Lessor’s obligation hereunder is merely to restore the Premises to substantially the same condition as existed such improvement or improvements was in immediately prior to such damage or destruction, except as in this Article provided. Landlord's obligation under this Article shall in no event exceed the happening scope of the casualty and work required to be done by Landlord in the original construction of any such improvement. Landlord shall not extend to the repair be required to, but Tenant, unless otherwise agreed by Landlord, may with due dispatch replace or replacement of restore forthwith any improvementstrade fixture, additionssigns, fixtures, or other installations or exterior signs of the Lesseetheretofore installed by Tenant. If as a result of such partial destruction or damage there is substantial interference with the operation of Lessee’s business in the Premises, the rent Basic Rent payable under this lease Sublease shall be abated in if such fire or other insurable casualty renders the proportion that Original Building unusable by Tenant, but if any such casualty is caused by the portion fault of the Premises destroyed or rendered untenantable bears to the total PremisesTenant, there shall be no abatement of rent. Such abatement shall continue for the period commencing with such damage or destruction casualty and ending with the completion by the Lessor Landlord of the such work of or repair and/or reconstruction, if Lessor reconstruction as Landlord is obligated to complete such workdo. In If, however, the event Original Building shall be damaged or destroyed by any cause so that the Lessor believes that the insurance proceeds will not be sufficient Landlord shall decide to repair of restore the Premises following a casualty it shall so inform the Lessee in writing and the Lessee shall have thirty demolish or abandon, or completely rebuild it, Landlord may, within sixty (3060) days from receipt after such damage or destruction, give Tenant written notice of such notice decision, and thereupon this Sublease shall be deemed to either (i) elect to terminate this lease or (ii) elect to receive the insurance proceeds and undertake the Lessor’s obligations with respect to restoration/repair of the Premises. Notwithstanding the foregoing, in the event that fifty percent (50%) or more of the Premises or fifty percent (50%) or more of the buildings situate on the Premises are destroyed or rendered untenantable by fire or other casualty, Lessee shall have the option to terminate this lease effective terminated as of the date of such casualty by giving the damage or destruction and Tenant shall immediately quit and surrender the demised premises to the Lessee within thirty Landlord; provided that Tenant shall have sixty (3060) days after thereafter to remove its property from the happening of such casualty written notice of such termination. If Lessee does not elect to terminate this lease, Lessor shall repair and/or rebuild the Premises as promptly as possible as set forth above, subject to any delay from causes beyond its reasonable control and the terms of this lease shall continue in full force and effect, subject to equitable abatement of rent as set forth abovedemised premises."

Appears in 1 contract

Samples: Sublease Agreement (Foster L B Co)

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