Fitness for Occupation. 6.5.1 In case the Premises or any part thereof shall at any time during the continuance of this Agreement be destroyed or damaged by fire, lightning, riot, explosion or any other inevitable cause beyond the Tenant’s control so as to be unfit for occupation and use, then and in every such case the Rent hereby reserved or a just and fair proportion thereof as the Landlord may determine according to the nature and extent of the damage sustained shall be suspended and shall cease to be payable in respect of any period while the Premises continue to be unfit for occupation and use by reason of such damage.
6.5.2 In case the Premises be destroyed or damaged as stated in Clause 6.5.1, the Landlord, if it so thinks fit, shall be at liberty by giving notice in writing to determine the tenancy hereby granted and upon such notice being given the tenancy hereby granted shall absolutely cease and determine but without prejudice to any accrued right of action of the Landlord in respect of any antecedent breach of this Agreement by the Tenant.
6.5.3 For the removal of doubt, the Tenant will not be entitled to any reduction or suspension of the Rent under this Clause 6.5 if:
(a) the damage or destruction is caused by; or
(b) the insurance policies in relation to the Premises are affected by; or
(c) the payment of the policy monies under the insurance policies referred to in subsection (b) above are refused (entirely or partly) as a result of, any act, omission, default or negligence of the Tenant or his employees, agents, independent contractors or any permitted occupier.
6.5.4 This Clause 6.5 shall not apply to any damage or destruction of any item comprised in the Contents. Tenant to initial
Fitness for Occupation. 6.5.1 In case the Premises or any part thereof shall at any time during the continuance of this Agreement be destroyed or damaged by fire, lightning, riot, explosion or any other inevitable cause beyond the Tenant’s control so as to be unfit for occupation and use, then and in every such case the Rent hereby reserved or a just and fair proportion thereof as the Landlord may determine according to Tenant to initial the nature and extent of the damage sustained shall be suspended and shall cease to be payable in respect of any period while the Premises continue to be unfit for occupation and use by reason of such damage.
6.5.2 In case the Premises be destroyed or damaged as stated in Clause 6.5.1, the Landlord, if it so thinks fit, shall be at liberty by giving notice in writing to determine the tenancy hereby granted and upon such notice being given the tenancy hereby granted shall absolutely cease and determine but without prejudice to any accrued right of action of the Landlord in respect of any antecedent breach of this Agreement by the Tenant.
6.5.3 For the removal of doubt, the Tenant will not be entitled to any reduction or suspension of the Rent under this Clause 6.5 if:
(a) the damage or destruction is caused by; or
(b) the insurance policies in relation to the Premises are affected by; or
(c) the payment of the policy monies under the insurance policies referred to in subsection (b) above are refused (entirely or partly) as a result of, any act, omission, default or negligence of the Tenant or his employees, agents, independent contractors or any permitted occupier.
Fitness for Occupation. 6.5.1 In case the Premises or any part thereof shall at any time during the continuance of this Agreement be destroyed or damaged by fire, lightning, riot, explosion or any other inevitable cause beyond the Tenant’s control so as to be unfit for occupation and use, then and in every such case the Rent hereby reserved or a just and fair proportion thereof as the Landlord may determine according to the nature and extent of the damage sustained shall be suspended and shall cease to be payable in respect of any period while the Premises continue to be unfit for occupation and use by reason of such damage.
6.5.2 In case the Premises be destroyed or damaged as stated in Clause 6.5.1, the Landlord, if it so thinks fit, shall be at liberty by giving notice in writing to determine the tenancy hereby granted and upon such notice being given the tenancy hereby granted shall absolutely cease and determine but without prejudice to any accrued right of action of the Landlord in respect of any antecedent breach of this Agreement by the Tenant. For the removal of doubt, the Tenant will not be entitled to any reduction or suspension of the Rent under this Clause 6.5 if: the damage or destruction is caused by; or the insurance policies in relation to the Premises are affected by; or the payment of the policy monies under the insurance policies referred to in subsection (b) above are refused (entirely or partly) as a result of, any act, omission, default or negligence of the Tenant or its employees, agents, independent contractors or any permitted occupier.
