LOSS BY CASUALTY. If the Building is damaged or destroyed by fire or other casualty and the estimated time for restoration and repair exceeds one hundred eighty (180) days, the Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within sixty (60) days after such damage or destruction. If a portion of the Premises is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease Agreement, the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall xxxxx during such period of time as the Premises are untenantable or unsuitable for Tenant’s use (so long as Tenant is not actually occupying the Premises or the portion thereof that has been rendered untenantable or unsuitable), in the proportion that the untenantable or unsuitable portion of the Premises bears to the entire Premises. Any other provision in this Lease to the contrary notwithstanding, if the Premises, access to the Premises and/or any part of the Building that provides essential services to the Premises is damaged in whole or in part from any cause and it is estimated that the time period to repair and restore the damage will be 180 days or more from the date of the damage using standard working methods and procedures, then Tenant shall have the right to terminate this Lease by delivering written notice to that effect to Landlord within sixty (60) days after the date of the damage. Similarly, if any damage to the Premises, access to the Premises and/or any part of the Building that provides essential services to the Premises is damaged in whole or in part from any cause and such damage is not in fact fully repaired and restored within 180 days from the date of the damage (irrespective of any estimated time for completion of the repair and restoration, but notwithstanding any delays caused by force majeure, provided that Tenant has received prompt notice of any force majeure), then Tenant shall have the right to terminate this Lease by delivery of written notice to that effect to Landlord within thirty (30) days after said one hundred eighty (180) day period has lapsed.
LOSS BY CASUALTY. If the Building is damaged or destroyed by fire or other casualty, the Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within ninety (90) days after such damage or destruction. If a portion of the Premises is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease Agreement, the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall axxxx during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises.
LOSS BY CASUALTY. If the Premises or Building are damaged or destroyed by fire or other casualty rendering the Premises wholly untenantable, Landlord or Tenant will have the right to terminate this Lease, provided written notice thereof is given to the other within sixty (60) days after such damage or destruction and the Rent shall be abated for the unexpired portion of the Term of the Lease from the date of such damage or destruction. If a portion of the Premises is damaged and Tenant reasonably determines that it will take more than sixty (60) days to restore the Premises, Tenant may terminate the Lease upon giving Landlord written notice within thirty (30) days after the occurrence of such damage. If all or a portion of the Premises is damaged by fire or other casualty, and neither party elects to terminate this Lease, Landlord shall, at its expense, proceed with reasonable diligence to restore the Premises to as near the condition which existed immediately prior to such damage or destruction as reasonably possible and the Rent shall axxxx during such period of time as the Premises are untenantable. Should only a portion of the Premises be untenantable and Tenant continues to occupy and conduct business in the Premises in part, Tenant will be entitled to a partial abatement of Rent in an amount determined based upon the proportion that the untenantable portion of the Premises bears to the entire Premises. Landlord will have no obligation to repair or replace fixtures or personal property owned by Tenant.
LOSS BY CASUALTY. If the Building is damaged or destroyed by fire or other casualty, the Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within ninety (90) days after such damage or destruction. If a portion of the Premises or Building is damaged by fire or other casualty, and in the reasonable opinion of Landlord: i) the Premises cannot be restored to tenantable condition within a period of ninety (90) days following the commencement of such restoration work, and/or ii) the cost of performing such restoration work exceeds the proceeds of Landlord's casualty insurance by more than $100,000, then Landlord shall not be required to make any repairs and Landlord shall have the right to terminate this Lease Agreement upon written notice to Tenant within thirty (30) days of the date of such fire or other casualty, in which event, this Lease Agreement shall terminate as of the date of such notice and Landlord and Tenant shall be released from any and all liability thereafter accruing hereunder. Landlord shall notify Tenant of its decision to rebuild or not within said thirty (30) day period. Anything herein to the contrary notwithstanding, if the Premises are destroyed or so damaged that they cannot be repaired and made tenantable within ninety (90) days following commencement of such restoration work, or so damaged that Landlord shall decide not to repair or rebuild, or Landlord decides to repair or rebuild, or Landlord decides to repair or rebuild, but does not restore the Premises to a tenantable condition within ninety (90) days after commencement of such restoration work (subject to an extension of up to an additional sixty (60) days due to causes beyond Landlord's control), then, in any of such instances, Tenant may terminate this Lease Agreement by giving notice to Landlord within thirty (30) days after Tenant's receipt of Landlord's notice or the expiration of said ninety (90) day period (as extended due to causes beyond Landlord's control, as set forth above as applicable, in which event this Lease Agreement shall terminate as of the date of such notice and Landlord and Tenant shall be released from any and all liability thereafter accruing hereunder. If this Lease Agreement has not been terminated by either Landlord or Tenant, then the rents due hereunder shall xxxxx during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to e...
LOSS BY CASUALTY. If the Building is damaged or destroyed by fire or other casualty Landlord shall deliver a written notice to Tenant detailing the time estimated by Xxxxxxxx’s architect or general contractor to restore such damage. If it will take more than one hundred eighty (180) days to restore such damage, either Landlord or Tenant shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the other within thirty (30) days after Landlord delivers the notice detailing the restoration period. If a portion of the Building is damaged by fire or other casualty, and neither Landlord nor Tenant elects to terminate this Lease Agreement, the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall xxxxx during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises.
LOSS BY CASUALTY. If the Building is either destroyed by fire or other casualty or damaged to such an extent that such damage cannot reasonably be repaired within ninety (90) days, the Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within ninety (90) days after such damage or destruction. If a portion of the Premises is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease Agreement, the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall axxxx during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises. Notwithstanding the foregoing, if either (i) the damage to the Premises occurs during the last year of the Term of this Lease Agreement or if applicable, the Renewal Term or (ii) the Premises are not, in fact, so restored by Landlord within one hundred eighty (180) days of the date of such fire or other casualty, Tenant shall have the right to terminate this Lease Agreement by giving written notice of termination to Landlord no later than thirty (30) days following such damage if subpart (i) applies or fifteen (15) days following the end of said one hundred eighty (180) day period if subpart (ii) applies.
LOSS BY CASUALTY. If the Building is damaged or destroyed by fire or other casualty, Landlord shall have the right to terminate this Lease, provided it gives written notice thereof to Tenant within ninety (90) days after such damage or destruction, and the rent shall be abated for the unexpired portion of the Term effective as of the date of such damage or destruction. If a portion of the Leased Premises is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease, Landlord shall, at its expense, proceed with reasonable diligence to restore the Leased Premises to as near the condition in which they existed immediately prior to such damage or destruction, as is reasonably possible, and the rentals shall abate during such period of time as txx Xxased Premises bears to the entire Leased Premises.
LOSS BY CASUALTY. If the Building is damaged or destroyed by fire or other casualty, the Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within ninety (90) days after such damage or destruction. If a portion of the Premises or Building is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease Agreement, the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall xxxxx during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises. Notwithstanding the above, Tenant shall have the right to terminate this Lease if repairs to the Premises are not completed within one hundred eighty (180) days of the casualty.
LOSS BY CASUALTY. If more than thirty-three (33%) percent of the Facility or more than twenty-five (25%) percent of the Clubhouse is damaged or destroyed by fire or other casualty, the City shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to Tenant within ninety (90) days after such damage or destruction. If a portion of the Premises is damaged by fire or other casualty, and City does not elect to terminate this Lease Agreement, the City shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall xxxxx during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises.
LOSS BY CASUALTY. 7 11. Default .............................................................. 7 12. Common Areas ......................................................... 9 13.
