Other Damage. If the Premises are substantially or totally destroyed by any cause whatsoever which is not covered by the foregoing provisions of this Paragraph 13. this Lease shall terminate as of the date the destruction occurred; provided, however, that if the damage does not meet the Damage Threshold, Landlord may elect (but will not be required) to rebuild the Premises at Landlord’s own expense, In which case this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within thirty (30) days after the casualty.
Other Damage. If the Premises or the Building is substantially or totally destroyed by any cause whatsoever which is not covered by the foregoing provisions of this Paragraph 12, this Lease shall terminate as of the date the destruction occurred; provided, however, that if the damage does not exceed thirty percent (30%) of the full construction replacement cost of the Building or Premises respectively, Landlord may elect (but will not be required) to rebuild the Premises at Landlord’s own expense, in which case this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within thirty (30) days after the casualty.
Other Damage. If a Party Wall is damaged or destroyed by any cause other than the act of any Owner, his agents, tenants, licensees, guests or family members (including ordinary wear and tear and deterioration from lapse of time), then the following shall apply:
(i) If the Party Wall is a Boundary Wall, then the adjoining Owners shall rebuild or repair the Boundary Wall to its prior condition, equally sharing the expense;
(ii) If the Party Wall is a Traversing Wall, then the Owner on whose Lot the portion of the Traversing Wall that requires rebuilding or repair is located shall rebuild or repair that portion of the Traversing Wall to its prior condition, at its sole expense; and
(iii) Notwithstanding the foregoing, and irrespective of whether the Party Wall is a Boundary Wall or a Traversing Wall, if the Party Wall is damaged or destroyed as a result of an accident or circumstances that originate or occur on a particular Lot (whether or not such accident or circumstance is caused by the action or inaction of the Owner of that Lot, or his agents, tenants, licensees, guests or family members), then in such event, the Owner of that particular Lot shall be solely responsible for the cost of rebuilding or repairing the Party Wall and shall immediately repair the Party Wall to its prior condition.
Other Damage. In the event the Premises are damaged as the result of any cause other than the perils covered by Landlord's casualty insurance or for which insurance proceeds are insufficient fully to cover, then Landlord agrees forthwith to commence repair of the same, only in the case that the extent of the destruction of the Premises is less than ten percent (10%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of ten percent (10%) or more of the full replacement cost of the Premises, then Landlord shall have the option (a) to repair or restore such damage, this Lease continuing in full force and effect, but the Annual Rent and/or the Adjusted Annual Rent shall be proportionately reduced as provided above in Section 13.1; or (b) to give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in the notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice and the Annual Rent and/or the Adjusted Annual Rent shall be fully abated, and all other obligations of Tenant under this Lease shall be deemed fully performed as of the date of such termination. At Tenant's sole option, it may, upon notice to Landlord and in accordance with Article 5 of this Lease, effect all necessary repairs and reinstate this Lease. Tenant's obligation to pay Annual Rent and/or the Adjusted Annual Rent , but not the other obligations hereunder, during any period of repair shall be abated, so long as such period does not exceed one hundred eighty (180) days.
Other Damage. If Seller's Expense Estimate is less than Twenty Thousand Dollars ($20,000) for each Facility and such damage or destruction is covered by Seller's insurance coverage, Seller shall pay such applicable insurance proceeds, plus the amount of any applicable deductible, to Purchaser at Closing. If (i) such damage or destruction is not covered by Seller's insurance coverage, or (ii) such insurance proceeds are insufficient to cover the cost of repairing such damage or destruction and Seller does not pay such deficiency to Purchaser at Closing, then the Purchase Price shall be reduced by an amount equal to the cost of restoring the Premises in the case of subparagraph (i), or the amount of such deficiency in the case of subparagraph (ii).
Other Damage. Vidcom will not be liable for and the Customer indemnifies Vidcom NZ against all claims for loss or damage to any equipment or thing used in or connected to the Equipment which is not the property of Vidcom whether caused by the Equipment or not.
Other Damage. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGE WITH RESPECT TO ANY CLAIM ARISING OUT OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ITS CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. PERFORMANCE OR BREACH OF THIS AGREEMENT) FOR ANY REASON. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS ARTICLE 14, OR EITHER PARTY’S LIABILITY FOR BREACH OF ARTICLE 15. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
Other Damage. Notwithstanding any provision contained in this Article XIV to the contrary, in no event shall any fire or other casualty give Tenant the right to require or demand that Landlord repair or restore any part of the Mall Building (other than the Demised Premises, to the extent required elsewhere in this Article XIV), the Shopping Center, or the Complex. Notwithstanding the foregoing, in the event more than sixty percent (60%) of the Mall Building is damaged or destroyed by fire or other casualty and Landlord has not restored such portion of the Mall Building to an architectural whole and substantially similar condition within eighteen (18) months thereafter, Tenant shall have the right to terminate this Lease upon sixty (60) days prior written notice to Landlord.
Other Damage. In the event the Premises are damaged as the result of any cause other than the perils covered by Tenant's or Landlord's casualty insurance or for which insurance proceeds are insufficient fully to cover, then Landlord agrees forthwith to commence repair of the same, only in the case that the extent of the destruction of the Premises is less than ten percent (10%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of ten percent (10%) or more of the full replacement cost of the Premises, then Landlord shall have the option (a) to repair or restore such damage, this Lease continuing in full force and effect, but the Annual Rent to be proportionately reduced as provided above in Section 13.1; or (b) to give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in the notice, which date shall be no more than thirty (30) days after the giving of such
Other Damage. Any other damage to mailboxes or structures caused during any work in turf areas shall be repaired by the contractor at their own expense. Gilbert has discretion to determine whether damage was caused by Contractor’s employee, which discretion must be reasonable and based on evidence.
