Fire or Other Damage Sample Clauses

Fire or Other Damage. (a) If the Development, the Building, or the Premises (including the Tenant Improvements, Building Improvements contained in the Premises, and Alterations) are damaged by fire or other casualty, then the Landlord shall promptly commence and thereafter diligently pursue the repair and restoration of the Development, the Building, or the Premises to substantially the same condition of the Development, Building, or Premises (including the Tenant Improvements, Building Improvements contained in the Premises, and Alterations) immediately prior to such fire or other casualty, except the Landlord shall have no obligation under this Lease to restore any Office Space which does not then constitute the Premises at the time of such casualty. If (i) the Premises is rendered wholly untenantable by fire or other cause (ii) the Premises is damaged by fire or any other cause during the last two (2) years of the Term and the extent of the damage exceeds fifty percent (50%) of the value of the Premises (as reasonably determined by the Landlord’s Architect) or (iii) the Building containing the Premises is damaged (whether or not the Premises are damaged) to an extent of more than fifty percent (50%) of the fair market value thereof, then the Landlord may at its option terminate this Lease by notifying the Tenant within sixty (60) days after the date of such damage; provided, however that notwithstanding the foregoing, the Landlord may only terminate this Lease if it also terminates all other leases in areas materially affected by the fire or other casualty in the Building. If such notice of termination is given, then this Lease shall expire sixty (60) days after such notice is given, (ii) the Tenant shall surrender possession of the Premises promptly thereafter and (iii) the Base Rent and the Additional Rent hereunder shall be apportioned as of the date of surrender. (b) If fire or other casualty occurs and the extent of the damage is less than fifty percent (50%) of the Development (as reasonably determined by the Landlord’s Architect), or if despite the extent of the damage the Landlord elects not to terminate this Lease, the Landlord shall restore the Development, including the Building and the Premises (including, without limitation the Tenant Improvements, Building Improvements and Alterations, except the Landlord shall have no obligation under this Lease to restore any Office Space which does not then constitute the Premises at the time of such casualty), with reasonab...
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Fire or Other Damage. Tenant shall give Landlord immediate notice if the Premises are damaged by fire or other casualty.
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Fire or Other Damage. If, prior to the Closing, all or any part of the Real Property is damaged by fire or other casualty, Seller shall promptly notify Purchaser of such event. Purchaser shall then have the right to terminate this Agreement by notice to Seller given within twenty (20) days. of Seller's notice to Purchaser, time being of the essence. If Purchaser elects to so terminate this Agreement, the Deposit shall be returned to Purchaser and both Parties shall be relieved and released of and from any further liability hereunder. If Purchaser shall elect not to terminate this Agreement, or shall be deemed to have elected to not terminate this Agreement by 48 failure to give timely notice as provided above, the Closing shall occur in accordance with the Agreement, without abatement of the Purchase Price or any liability or obligation on the part of Seller by reason of such casualty, and Seller shall assign to Purchaser the insurance proceeds, if any, to which Seller would otherwise be entitled.
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Fire or Other Damage. Tenant must give Landlord immediate notice in case of fire or other damage to the Premises. Landlord will have the right to repair the damage within a reasonable time or cancel this Lease. In the event that the Premises are rendered substantially unusable Landlord may cancel the Lease by giving Tenant three (3) days' written notice. The Term shall be over at the end of the third day. In such event, Tenant will look only to his/her own insurance as required by this lease, whether or not obtained, to recover any damages suffered as a result of the damage including but not limited to early termination of the lease. Tenant, at tenant's sole cost and expense, has a right to restore the Premises, provided the such restoration work is completed within sixty (60) days of the occurrence of the fire or other damage.
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Fire or Other Damage. A. If the Property is accidentally damaged (fire, flood, etc.) 1. Tenant may continue to live on the livable part of the Property and pay a reduced rent as agreed to by Tenant and Landlord until the damages are repaired: if the law does not a allow Tenant to live on the Property, then this Lease is ended: OR 2. If it is not possible for Tenant to live on the Property, Tenant must notify Landlord immediately that Lease is ended and move out within 24 hours. B. If Lease is ended, Landlord will return any unused security deposit or advanced rent to Tenant. C. Tenant agrees to move out peacefully when Lease is ended.
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Fire or Other Damage. Tenant must give Landlord immediate notice in case of fire or other damage to the Premises. If the Premises are substantially damaged and rendered unusable for the Permitted Use and this Lease is not terminated pursuant to any of the provisions of this Section 18.1, Landlord shall, subject to the provisions of this ARTICLE XVIII, promptly rebuild the Premises (excluding Tenant’s Removable Property and any Alterations performed by or on behalf of Tenant) to substantially the condition they were in immediately prior to such casualty and Base Rent shall be equitably abated for the period during which Landlord shall be rebuilding such Premises. 18.1.1 If the Premises are substantially damaged by fire or casualty (the term “substantially damaged” meaning damage of such a character that the same cannot, in the ordinary course, reasonably be expected to be repaired within two hundred forty (240) calendar days from the time that repair work would commence, as determined by a contractor mutually satisfactory to the Parties), then Tenant or Landlord shall have the right to terminate this Lease by giving notice of such election within sixty (60) calendar days after the occurrence of such casualty, which termination shall be effective as of the date of such notice. 18.1.2 If this Lease is terminated pursuant to Section 18.1.1, the Term shall be over on the specified cancellation date with the same force and effect as if such date were the date originally established as the expiration date hereof. Tenant shall have no obligation to pay rent after the termination date of the Lease. Tenant will look only to its own insurance as required by this Lease, whether or not obtained, to recover any damages or losses suffered as a result of the damage including but not limited to early termination of the Lease, loss of business, damage to property, trade fixtures, etc. Tenant releases Landlord from liability and waives right of recovery against Landlord for all losses or damages resulting from the casualty to the extent that it would have been compensated by insurance required to be carried by Tenant under this Lease. Tenant shall retain the proceeds of all insurance maintained by Tenant and allocable to Tenant’s Removable Property, without claim by Landlord. 18.1.3 If this Lease has not been terminated in accordance with the provisions of this Article, the proceeds of insurance carried pursuant to ARTICLE VIII (“Insurance Proceeds”) shall be used to pay for the repair and restor...
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Related to Fire or Other Damage

  • Fire or Other Casualty 13.1 Tenant immediately shall deliver written notice to Landlord of any damage caused to the Building by fire or other casualty. 13.2 If the Building shall be damaged or destroyed by fire or other casualty and Landlord does not elect to terminate this Lease as hereinafter provided, Landlord shall proceed with reasonable diligence and at its sole cost and expense to rebuild and repair the Building, and this Lease shall continue in full force and effect. If the Building shall be destroyed or materially damaged, then Landlord may elect either to terminate this Lease as hereinafter provided or to proceed to rebuild and repair the Building. If Landlord elects to terminate this Lease it shall give written notice of such election to Tenant within ninety (90) days after the occurrence of such casualty, and this Lease shall terminate as of the date of such notice. If Landlord should not elect to terminate this Lease, Landlord shall proceed with reasonable diligence and at its sole cost and expense to rebuild and repair the Premises; provided, however, that if any Holder (defined below) of an Encumbrance (defined below) requires that the insurance proceeds be applied under such Encumbrance as a result of any such casualty, Landlord shall have no obligation to rebuild and this Lease shall terminate upon notice to Tenant. So long as the casualty does not result from any willful or negligent action or inaction of Tenant or Tenant’s agents, employees, customers, contractors, or invitees, Landlord shall allow Tenant a reduction of Base Rent during the time the Building is unfit for occupancy, which reduction shall be based upon the proportion of square feet of the Building unfit for occupancy to the total square feet in the Building. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building shall be for the sole benefit of the party carrying such insurance and under its sole control. 13.3 Landlord’s obligation to repair shall be limited to the restoration of the Building, and further shall be limited to the extent of insurance proceeds available to Landlord for such restoration. In no event shall Landlord be obligated to rebuild, or otherwise be liable for, any damage to Tenant’s fixtures, signs, furnishings, equipment or personal property within the Building. 13.4 Tenant agrees that during any period of reconstruction or repair of the Building, Tenant will continue the operation of its business within the Building to the extent practicable.

  • Damage by Fire or Other Casualty Tenant shall promptly notify Landlord of any damage or destruction of any portion of the Premises (a “Casualty”) and diligently repair or reconstruct such portion of the Premises to a like or better condition than existed prior to such damage or destruction. Any net insurance proceeds payable with respect to the Casualty shall be paid directly to Landlord and, if an Event of Default has not occurred hereunder, may be used for the repair or reconstruction of the applicable portion of the Premises pursuant to Landlord’s disbursement requirements and subject to the provisions of the Facility Mortgage Documents and the release of insurance proceeds by the Facility Mortgagee, if any. If such proceeds are insufficient, Tenant shall provide the required additional funds; if they are more than sufficient, the surplus shall belong and be paid to Tenant. Except as expressly provided in the last sentence of this Section 18, Tenant shall not have any right under this Lease, and hereby waives all rights under applicable law, to xxxxx, reduce or offset Rent by reason of any damage or destruction of any portion of the Premises by reason of an insured or uninsured Casualty. If the Facility Mortgagee does not agree to release all of the insurance proceeds to reimburse Tenant and Landlord does not agree to reimburse Tenant up to the amount of such insurance proceeds in the event of a Casualty that renders the Facility unsuitable for its Permitted Use, Tenant shall have the right to terminate this Lease and remove the Facility from the Portfolio. Upon the removal of the Facility from the Portfolio, this Lease shall be of no further force or affect, except for any obligations or liability of any party hereunder that accrued on or prior to the date of the Casualty. In the event of a Casualty that does not render the Facility unsuitable for its Permitted Use, Tenant shall restore the Facility to substantially the same condition as existed immediately before the partial Casualty in accordance with the provisions of this Section 18, and the Rent shall be reduced on a pro rata basis based upon the number of beds removed from service and otherwise taking into consideration all relevant factors affecting the Facility resulting from such partial Casualty.

  • LIMITATION OF OTHER DAMAGES Notwithstanding anything contained in this Agreement to the contrary, in the event of default or breach of this Agreement by the Applicant, the District’s damages for such a default shall under no circumstances exceed the amounts calculated under Section 9.4. In addition, the District’s sole right of equitable relief under this Agreement shall be its right to terminate this Agreement. The Parties further agree that the limitation of damages and remedies set forth in this Section 9.5 shall be the sole and exclusive remedies available to the District, whether at law or under principles of equity.

  • Options or Other Rights There is no outstanding right, subscription, warrant, call, unsatisfied preemptive right, option or other agreement of any kind to purchase or otherwise to receive from the Company or any Seller any of the outstanding, authorized but unissued, unauthorized or treasury shares of the capital stock or any other security of the Company, and there is no outstanding security of any kind convertible into such capital stock.

  • Consequential and Other Damages Notwithstanding anything to the contrary contained in the Separation Agreement or this Agreement, the Provider shall not be liable to the Recipient or any of its Affiliates or Representatives, whether in contract, tort (including negligence and strict liability) or otherwise, at law or equity, for any special, indirect, incidental, punitive or consequential damages whatsoever (including lost profits or damages calculated on multiples of earnings approaches), which in any way arise out of, relate to or are a consequence of, the performance or nonperformance by the Provider (including any Affiliates and Representatives of the Provider and any unaffiliated third-party providers, in each case, providing the applicable Services) under this Agreement or the provision of, or failure to provide, any Services under this Agreement, including with respect to loss of profits, business interruptions or claims of customers.

  • DISCLAIMER OF DAMAGES IN NO EVENT SHALL ST AND ITS AFFILIATES BE LIABLE TO THE LICENSEE AND ITS CUSTOMERS FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS, LOSS OF BARGAIN OR OPPORTUNITY, PROFESSIONAL FEES OR EXPENSES, BUSINESS INTERRUPTION, LOST REVENUES OR SALES, DAMAGE TO PRODUCT OR EQUIPMENT OR TO FACILITIES, COSTS OF SUBSTITUTE PRODUCT, FACILITIES OR SERVICES, REWORK CHARGES, COSTS ASSOCIATED WITH DOWN TIME, LOSS OF GOODWILL, LOSS OF DATA OR FOR ANY DAMAGES COSTS OR EXPENSES ASSOCIATED WITH WARRANTY OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY – EVEN IF LICENSEE HAS BEEN ADVISED, OR IS AWARE, OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR IN CONNECTION WITH THIS PLLA. ST AND ITS AFFILIATES AGGREGATE AND CUMULATIVE LIABILITY UNDER THIS PLLA SHALL NOT EXCEED 100 USD (ONE HUNDRED USD). THE LIMITATIONS SET FORTH IN THIS ARTICLE 8 SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  • Persons Affected by Alcohol and/or Other Drugs No person is permitted to work on a building site whilst incapable of performing safe work practices. • If the question arises, the OH&S Committee will determine if a person is capable of performing safe work practices and will take necessary action to ensure that safety is maintained. • If safety is compromised, management may take disciplinary action against the person in question, following consultation with the OH&S Committee and the person’s representative. One verbal warning, one written warning, applies.

  • No Employment or Other Rights The grant of the Option shall not confer upon the Grantee any right to be retained by or in the employ or service of the Employer and shall not interfere in any way with the right of the Employer to terminate the Grantee’s employment or service at any time. The right of the Employer to terminate at will the Grantee’s employment or service at any time for any reason is specifically reserved.

  • Waiver of Damages Tenant hereby expressly waives any and all claims for damages arising or resulting from failures or interruptions of utility services to the Premises, including electricity, gas, water, plumbing, sewage, telephone, communications, heat, ventilation, air conditioning, or for the failure or interruption of any public or passenger conveniences. Without limiting the generality of the foregoing, Tenant shall have no rights to xxxxx Rent or terminate this Lease in the event of any interruption or failure of utility services.

  • Waiver of Consequential and Other Damages To the fullest extent permitted by applicable law, no Borrower shall assert, and each Borrower hereby waives, any claim against any Indemnitee (as defined below), on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of this Agreement, any other Financing Document or any agreement or instrument contemplated hereby or thereby, the transactions contemplated hereby or thereby, any Loan or the use of the proceeds thereof. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Financing Documents or the transactions contemplated hereby or thereby.

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