Landlord's Obligation to Repair and Reconstruct. If the Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as "a Casualty"), but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair shall be limited to the construction of the structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Samples: Lease Agreement (Armitec Inc)
Landlord's Obligation to Repair and Reconstruct. (a) If the Premises shall be damaged by fire, the elements, accident fire or other casualty (any of such causes being referred to herein as "a Casualty")insurable under standard extended coverage insurance but are thereby rendered untenable in whole or in part, but Landlord shall cause the Premises to be repaired in accordance with Section (d) herein and the rent shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rentabated. If, as a result by reason of Casualtysuch occurrence, the Premises shall be rendered wholly or partially untenantableuntenable only in part, then, subject to the provisions of Section 16.2 Landlord shall cause such damage the Premises to be repaired in accordance with Section (d) herein, and all only the Fixed Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during untenable until the period Premises so repaired is reopened for business.
(b) If the Premises shall be rendered wholly untenable by reason of such untenantability. occurrence and the remainder of the term of the Lease (hereinafter called the "residual term") is two (2) years or more, Landlord shall cause the Premises to be repaired in accordance with Section (c) herein (subject to reasonable delays occasioned by adjustment of losses with insurance carriers or for any cause beyond Landlord's obligation control), and the Fixed Rent shall be abated, and upon delivery of possession of the restored Premises to Tenant, this Lease shall thereupon continued for the residual term and any renewal or extension thereof.
(c) If Landlord is required or elects to repair shall be limited to or reconstruct the construction of the structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant Premises under the provisions of this Lease or Article 22, its obligations shall be limited to those repairs to the Premises which were Landlord's obligation to perform for Tenant at the commencement date of this Lease. Tenant, at Tenant's expense, shall promptly perform all repairs and restoration not required to be done by Landlord and shall promptly refixture and reconstruct the Premises and recommence business in all parts thereof.
(d) Tenant shall not be entitled to any leasehold improvements installed in compensation or damages, other than stated herein, from Landlord for the loss of the use of the whole or any part of the Premises or damage to Xxxxxx's personal property or any inconvenience or annoyance occasioned by Tenant all of Which such damage, replacement repair, reconstruction or repair shall be undertaken and completed by Tenant promptlyrestoration.
Appears in 1 contract
Samples: Business Lease (Classic Restaurants International Inc /Co/)
Landlord's Obligation to Repair and Reconstruct. If If, as the Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, and the Annual Basic Rent and Tenant's Share of Increased Operating Costs (but not any amounts due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations rent reserved hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair shall be limited to the construction of the structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Samples: Office Lease (Quepasa Com Inc)
Landlord's Obligation to Repair and Reconstruct. If the Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of RentRental. If, as a the result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 14.2, Landlord shall cause such damage to be repaired and and, provided such damage is not caused by the negligence of Tenant, its agents, concessionaires, officers, employees, contractors, licensees or invitees, all Rent Rental (other than any Additional Rent Rental due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable TENANT /s/ MP LANDLORD /s/ DPW during the period of such untenantability. Landlord's obligation to repair All such repairs shall be limited to made at the construction expense of the structureLandlord, demising walls, roof, slab and utility services as originally providedsubject to Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor coveringcoverings, furniture and other property removable by Tenant under the provisions of this Lease Lease) or to any leasehold improvements installed in the Premises by Tenant Premises, all of Which which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Samples: Lease Agreement (Newriders Inc)
Landlord's Obligation to Repair and Reconstruct. If the Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), but the Premises shall not be thereby rendered wholly or partially untenantable, then Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a the result of such Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 Subsection 16.2, Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due Landlord by reason because of Tenant's failure to perform any of its obligations hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair All such repairs shall be limited made at the expense of Landlord, but Landlord shall not be required to perform any work within the construction of the structure, demising walls, roof, slab Premises beyond that described in Section 4 and utility services which were constructed by Landlord as originally providedLeasehold Improvements. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor coveringcoverings, furniture and other property removable by Tenant under the provisions of this Lease Lease) or to any leasehold improvements Alterations installed in the Premises by or on behalf of Tenant pursuant to Subsection 10.4 or otherwise, all of Which which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Samples: Industrial Gross Lease Agreement (Asset Acceptance Capital Corp)
Landlord's Obligation to Repair and Reconstruct. If the Demised Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), but the Demised Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Gross Rent. If, as a the result of Casualty, the Demised Premises shall be rendered wholly untenantable for a period less than sixty (60) days or partially untenantable, then, subject to Landlord's option to terminate the provisions of Lease, as set forth in this Section 16.2 below, Landlord shall cause such damage to be repaired and and, provided such damage is not caused by the negligence of Tenant, its agents, concessionaires, officers, employees, contractors, licensees or invitees, all Gross Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be abated proportionately as to the portion of the Demised Premises rendered untenantable during the period of such untenantability. If, as a result of a casualty not caused by Tenant's negligence as described above, the Demised Premises are rendered wholly untenantable and Tenant is unable to use the Demised Premises for Tenant's Proposed Use for a period more than sixty (60) days, Tenant shall have the right to terminate the Lease Agreement upon thirty (30) days prior written notice to Landlord's obligation to repair . All such repairs shall be limited made at the expense of Landlord, subject to the construction of the structure, demising walls, roof, slab and utility services as originally providedTenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor coveringcoverings, furniture and other property removable by Tenant under the provisions of this Lease Lease) or to any leasehold improvements installed in the Premises by Tenant Demised Premises, all of Which which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Samples: Lease Agreement (Pods Inc)
Landlord's Obligation to Repair and Reconstruct. If the Premises shall be damaged by fire, the elements, accident accident, or other casualty (any of such causes being referred to herein as a "a Casualty"), but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall shall, subject to the provisions of Section 12.2., promptly cause such damage to be repaired repaired, and there shall be no abatement of RentRental. If, as a the result of Casualty, the Premises shall be rendered wholly or partially untenantable, untenantable then, subject to the provisions of Section 16.2 12.2., Landlord shall cause such damage to be repaired and provided such damage is not caused by the negligence of Tenant, its agents, concessionaires, officers, employees, contractors, licensees or invitees, all Rent rental (other than any Additional Rent Rental due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) ), shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair All such repairs shall be limited made at the expense of Landlord, subject to the construction of the structure, demising walls, roof, slab and utility services as originally providedTenant's responsibilities set forth in this Lease. Landlord shall not be liable for interruption to Tenant's business business, or for damage to to, or replacement replacement, or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor coveringcoverings, furniture furniture, equipment, and other property removable by Tenant under the provisions of this Lease Lease) or to replacement of any leasehold improvements installed in the Premises made by Tenant Tenant, all of Which which damage, replacement replacement, or repair shall be undertaken and completed by Tenant promptly. Notwithstanding anything to the contrary provided in this Lease, any obligation of Landlord hereunder to restore the Premises, or any other part of the Building, shall be limited to such reconstruction as can be financed by such insurance proceeds as shall actually be received by Landlord, free and clear from collection by any Mortgagees and after deducting the cost and expense, including attorneys' fees, if any, of settling with the insurer.
Appears in 1 contract
Samples: Lease Agreement (Vialog Corp)
Landlord's Obligation to Repair and Reconstruct. If the Premises shall be damaged by fire, the elements, accident or other casualty casualty, including damages or casualties of war (any of such causes being referred to herein as a "a Casualty"), but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of RentRental. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, then subject to the provisions of Section 16.2 13.B., Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due to Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantabilityuntenantablity. Landlord's obligation to repair All such repairs shall be limited to made at the construction expense of the structure, demising walls, roof, slab and utility services as originally providedLandlord. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor coveringcoverings, furniture and other property removable by Tenant under the provisions of this Lease Lease) or to any leasehold improvements installed in the Premises by Tenant or on behalf of Tenant, all of Which which damage, replacement or repair shall be undertaken and completed by Tenant promptly. Tenant acknowledges notice that (1) Landlord shall not obtain insurance of any kind on Tenants furniture, furnishings; equipment or fixtures, alterations, improvements and additions, (2) it is Tenant's obligation to obtain such insurance at Tenant's sole cost and expense and restore or repair all of such items, and (3) Landlord shall not be obligated to repair any damage thereto, replace the same or otherwise do any work thereto except as set forth in this subsection 13.A. with respect to those improvements insured with the Leasehold Improvement Insurance.
Appears in 1 contract
Landlord's Obligation to Repair and Reconstruct. If the Premises premises shall be damaged by fire,, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualtycasualty"), provided not caused by or attributable to any act or omission of Tenant, its servants, employees, agents, invitees, and the like, but the Premises premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rentrental or additional rental. If, as a the result of Casualtycasualty, the Premises premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 13.2, Landlord shall cause such damage to be repaired and all Rent rental (other than any Additional Rent additional rental due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be abated proportionately as to the portion of the Premises premises rendered untenantable untenantable, during the period of such untenantability. Landlord's obligation to repair All such repairs shall be limited to made at the construction expense of the structure, demising walls, roof, slab and utility services as originally providedLandlord. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor coveringcoverings, furniture and other property removable by Tenant under the provisions of this Lease lease) or to any leasehold improvements installed in the Premises premises by Tenant or otherwise, all of Which which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Landlord's Obligation to Repair and Reconstruct. If the Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as "a “Casualty"”), but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rentrepaired. If, as a the result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 subsection 10.2 and provided such Casualty has not resulted from the gross negligence or willful misconduct of Tenant or Tenant’s Agents, Landlord shall cause such damage to be repaired and all Rent reserved hereunder (other than any Additional Rent due Landlord either by reason of Tenant's ’s failure to perform any of its obligations hereunder or by reason of Landlord’s having provided to Tenant additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable or unusable for Tenant’s business during the period of such untenantability. Landlord's obligation to repair All such repairs shall be limited made at the expense of Landlord, subject to the construction of the structure, demising walls, roof, slab and utility services as originally providedTenant’s responsibilities set forth in this Lease. Landlord shall not be liable for interruption to Tenant's ’s business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture ’s Personal Property and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which damage, replacement or repair shall be undertaken and completed by Tenant promptlyAlterations.
Appears in 1 contract
Landlord's Obligation to Repair and Reconstruct. If If, as the Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as "a “Casualty"”), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant’s use of the Premises for the purposes originally intended), then, subject to the provisions of Subsection 17.2 of this Lease, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant’s failure to perform any of its obligations hereunder or by reason of Landlord’s having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant’s responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant’s business or for damage to or replacement or repair of Tenant’s Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant’s expense. If the Premises shall be damaged by Casualty, but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations rent reserved hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair shall be limited to the construction of the structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Samples: Office Lease (Marpai, Inc.)
Landlord's Obligation to Repair and Reconstruct. If If, as the Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), the Premises shall be rendered wholly or partially Untenantable, as hereinafter defined, then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent proceeds of insurance (including proceeds of insurance from the State Insurance Trust Fund) are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of proceeds of insurance and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. For purposes of this Lease, the Premises shall be deemed "Untenantable" if Tenant is unable to use the Premises for the purposes originally intended. If the Premises shall be damaged by Casualty, but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations rent reserved hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair shall be limited to the construction of the structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Samples: Full Service Office Lease (Physicians Quality Care Inc)
Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as "a “Casualty"”), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of Rentrent. If, as a the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 14.B., Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent rent, except for that rent due Landlord by reason of Tenant's ’s failure to perform any of its obligations hereunder) , shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair Such repairs shall be limited to made at the construction expense of the structure, demising walls, roof, slab and utility services as originally providedLandlord. Landlord shall not be liable for interruption to Tenant's ’s business or for damage to to, or replacement or repair of of, Tenant's ’s personal property (including, without limitation, inventory, trade fixtures, floor coveringcoverings, furniture and other property removable by Tenant under the provisions of this Lease Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of Which which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Landlord's Obligation to Repair and Reconstruct. If If, as the Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as "a “Casualty"”), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant’s use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant’s failure to perform any of its obligations hereunder or by reason of Landlord’s having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability (provided if the remaining usable portion of the Premises is such that Tenant cannot operate its business therein, Tenant shall receive an abatement of all the Rent due hereunder to the extent Tenant does not use all of the Premises). All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant’s responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant’s business or for damage to or replacement or repair of Tenant’s Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant’s expense. If the Premises shall be damaged by Casualty, but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations rent reserved hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair shall be limited to the construction of the structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Landlord's Obligation to Repair and Reconstruct. If If, as the Premises shall be damaged by result ----------------------------------------------- of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations rent reserved hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair shall be limited to the construction of the structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as "a “Casualty"”), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of Rentrent. If, as a the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 14.B., Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent Rent, except for that rent due Landlord by reason of Tenant's ’s failure to perform any of its obligations hereunder) , shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair Such repairs shall be limited to made at the construction expense of the structure, demising walls, roof, slab and utility services as originally providedLandlord. Landlord shall not be liable for interruption to Tenant's ’s business or for damage to to, or replacement or repair of of, Tenant's ’s personal property (including, without limitation, inventory, trade fixtures, floor coveringcoverings, furniture and other property removable by Tenant under the provisions of this Lease Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of Which which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Samples: Lease (Quality Systems Inc)
Landlord's Obligation to Repair and Reconstruct. If the Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as "a “Casualty"”), but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of RentRent reserved hereunder. If, as a the result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 16.2, Landlord shall cause such damage to be repaired and all Rent reserved hereunder (other than any Additional Rent due Landlord either by reason of Tenant's ’s failure to perform any of its obligations hereunder or by reason of Landlord’s having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair All such repairs shall be limited made at the expense of Landlord, subject to the construction of the structure, demising walls, roof, slab and utility services as originally providedTenant’s responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's ’s business or for damage to or replacement or repair of Tenant Improvements, Tenant's personal property (including’s Personal Property or Alterations, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which which damage, replacement or repair shall be undertaken and completed by Tenant promptlyLandlord, at Tenant’s expense. Notwithstanding the foregoing, Landlord shall make commercially reasonable efforts to avoid disruption of Tenant’s business.
Appears in 1 contract
Landlord's Obligation to Repair and Reconstruct. If If, as the Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations to the extent of Landlord’s insurance for such items,, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If such damage is not fully repaired within six (6) months after the date of the Casualty, Tenant may cancel this Lease without liability by giving Landlord notice within thirty (30) days’ after the expiration of such six-month period. If the Premises shall be damaged by Casualty, but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations rent reserved hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair shall be limited to the construction of the structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Samples: Maryland Full Service Office Lease (Gp Strategies Corp)
Landlord's Obligation to Repair and Reconstruct. If If, as the Premises shall be damaged by result of ----------------------------------------------- fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations rent reserved hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair shall be limited to the construction of the structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Samples: Massachusetts Full Service Office Lease (Harbor Global Co LTD)
Landlord's Obligation to Repair and Reconstruct. If If, as the Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations rent reserved hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair shall be limited to the construction of the structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord's control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of Rentrent. If, as a the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 14.B., Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent Rent, except for that rent due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) , shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair Such repairs shall be limited to made at the construction expense of the structure, demising walls, roof, slab and utility services as originally providedLandlord. Landlord shall not be liable for interruption to Tenant's business or for damage to to, or replacement or repair of of, Tenant's personal property (including, without limitation, inventory, trade fixtures, floor coveringcoverings, furniture and other property removable by Tenant under the provisions of this Lease Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of Which which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Samples: Office Lease (Carrollton Bancorp)
Landlord's Obligation to Repair and Reconstruct. If as the Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of Section 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations rent reserved hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair shall be limited to the construction of the structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Landlord's Obligation to Repair and Reconstruct. If the Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of RentRental. If, as a the result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 14.2, Landlord shall cause such damage to be repaired and and, provided such damage is not caused by the negligence of Tenant, its agents, concessionaires, officers, employees, contractors, licensees or invitees, all Rent Rental (other than any Additional Rent Rental due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair All such repairs shall be limited made at the expense of the Landlord, subject to Tenant's responsibilities set forth herein. Notwithstanding the foregoing, if all such damage is not completely repaired to the construction point that the Premises are again rendered tenantable within 180 days after the date of the structurecasualty, demising walls, roof, slab and utility services as originally providedthen Tenant may elect to terminate this Lease by giving to Landlord notice of such election within ninety (90) days after the expiration of the 180 day period. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, inventory trade fixtures, floor coveringcoverings, furniture and other property removable by Tenant under the provisions of this Lease Lease) or to any leasehold improvements installed in the Premises by Tenant Premises, all of Which which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Landlord's Obligation to Repair and Reconstruct. If If, as the Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenants responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations rent reserved hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair shall be limited to the construction of the structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Samples: Maryland Multi Tenant Industrial Lease (Inphonic Inc)
Landlord's Obligation to Repair and Reconstruct. If If, as the Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "a Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 16.2 Landlord shall cause such damage to be repaired and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations rent reserved hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. Landlord's obligation to repair shall be limited to the construction of the structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of Which damage, replacement or repair shall be undertaken and completed by Tenant promptly.
Appears in 1 contract
Samples: Office Lease (Diamond Resorts Corp)