Insured Damage. If during the Term the Premises or the Building are partially or totally destroyed by any casualty that is covered by any insurance carried by Landlord covering the Building, rendering the Premises partially or totally inaccessible or unusable, Landlord shall restore the Premises or the Building to substantially the same condition as they were in immediately before such destruction, if (i) the insurance proceeds available to Landlord equal or exceed the cost of such restoration, (ii) in the opinion of a registered architect or engineer appointed by Landlord such restoration can be completed within one hundred eighty (180) days after the date on which Landlord obtains all permits necessary for such restoration, and (iii) such restoration is permitted under then existing laws to be done in such a manner as to return the Premises, or the Building, as the case may be, to substantially the same condition as they were in immediately before such destruction. To the extent that the insurance proceeds must be paid to a mortgagee under, or must be applied to reduce any debt secured by, a mortgage covering the Property, the insurance proceeds shall be deemed not to be available to Landlord unless such mortgagee permits Landlord to use the insurance proceeds for such restoration. Such destruction shall not terminate this Lease.
Insured Damage. In the event the Leased Premises are damaged during the Lease Term by fire or other perils covered by Landlord’s insurance, Landlord shall:
(a) Subject to Force Majeure, within a period of ninety (90) days after the date of damage, and provided there is not then in existence of an Event of Default, commence repair, reconstruction and restoration of the Leased Premises and prosecute the same diligently to completion, in which event this Lease shall continue in full force and effect.
(b) In the event of a partial or total destruction of either the Leased Premises, the Building or the Project during the last two (2) years of the Lease Term, Landlord shall have the option to terminate this Lease upon giving written notice to Tenant within sixty (60) days after such destruction. In the event of a partial or total destruction of the Leased Premises during the last year of the Lease Term, Tenant shall have the option to terminate this Lease upon giving written notice to Landlord within sixty (60) days after such destruction. For purposes of this Article 8, “partial destruction” shall be deemed destruction to an extent of at least thirty-three and one-third percent (33.33%) of the then full replacement cost of the Leased Premises, the Building or the Project as of the date of destruction.
(c) In the event that Superior Mortgagee shall require that insurance proceeds be applied against the principal balance due on the Superior Mortgage (defined below), then Landlord may, at Landlord’s option and upon sixty (60) days written notice to Tenant, elect to terminate this Lease.
Insured Damage. In he event the Premises or the Building of which the Premises are a part are damaged by fire or other perils fully covered by the proceeds of fire and extended coverage insurance received by Landlord, Landlord agrees to forthwith repair the same; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Base Rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of rent.
Insured Damage. If the Building and/or Premises are damaged by fire or other casualty of the type insured against by Landlord, the damage shall be repaired by and at the expense of Landlord, provided such repairs can, in Landlord's sole opinion, be made within one hundred twenty (120) days after the commencement of repairs without the payment of overtime or other premiums ("120 Day Completion Period") and that the insurance proceeds are sufficient to pay the costs of such repairs. If said repairs cannot be completed within said 120 Day Completion Period, Landlord shall have the right to terminate this Lease by delivering written notice ("Landlord's Notice") thereof to Tenant within thirty (30) days after the date of the damage or destruction. If Landlord does not elect to terminate this Lease but the damage or destruction cannot be completed within the 120 Day Completion Period, Landlord shall deliver written notice thereof to Tenant within thirty (30) days of the date of the damage or destruction and if, as a result of such damage the Premises are rendered unsuitable for the purpose for which the Premises were leased, as mutually by Landlord and Tenant, then Tenant shall also have the right to terminate this Lease by delivering written notice of its election to terminate the Lease within fifteen (15) days of the delivery of Landlord's Notice. The failure of Tenant to deliver written notice of its election to terminate this Lease within said fifteen (15) day period shall be deemed to be Tenant's election not to terminate this Lease. Until such repairs are completed, the Rent may be reduced pursuant to the provisions of Section 11.3 of this Lease.
Insured Damage. If, during the term of this Agreement, any improvements in or on the Premises are partially or totally destroyed from a risk covered by the insurance described in Section 13.4 herein, thereby rendering said Premises partially or totally inaccessible or unusable, Concessionaire must restore the Premises to substantially the same condition as they were immediately before destruction.
Insured Damage. In the event the Premises are damaged by fire or other perils covered by Tenant's or Landlord's casualty or property insurance, Landlord agrees forthwith to commence repair of the same to the extent of insurance proceeds available and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Annual Rent (but not other obligations hereunder) from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall cause undue interference with the business carried on by Tenant in the Premises. In the event the Premises are damaged by fire or other perils covered by Tenant's or Landlord's casualty or property insurance, Tenant shall continue to be liable for all payments of Additional Rent pursuant to Article 4 of this Lease. If the damage is due to the fault or neglect of Tenant or Tenant's employees, there shall be no abatement of the Annual Rent.
Insured Damage. The Organiser is not liable for any damage suffered by the Passenger that is covered by insurances, such as health, travel or cancellation insurances.
Insured Damage. Subject to section 17.1, the Landlord shall at all times throughout the Term, but subject to the other provisions of this Lease, maintain and repair or cause to be maintained and repaired the following:
Insured Damage. The timing and all aspects of the carrying out of such repairs, replacements and maintenance is within the sole discretion of the Landlord. The Landlord may, subject to section 5.1(b), include the costs of such maintenance, repairs and replacements in the Operating Costs. If, however, any such maintenance, repairs or replacements are necessitated as a result of:
Insured Damage. In the event the Premises are damaged by fire or other perils covered by Landlord’s casualty or property insurance, Landlord agrees forthwith to commence repair of the same to the extent of insurance proceeds available and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Annual Rent and/or the Adjusted Annual Rent (but not other obligations hereunder) from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall cause undue interference with the business carried on by Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or Tenant’s employees, there shall be no abatement of the Annual Rent.
