Common use of Partial Destruction of Premises Clause in Contracts

Partial Destruction of Premises. (a) In the event the improvements on the Premises are damaged by any casualty which is required to be insured against pursuant to this Lease, then Tenant shall repair such damage as soon as reasonably possible, at its own cost, and this Lease shall continue in full force and effect. (b) In the event such improvements are damaged by any casualty not covered under an insurance policy required to be maintained pursuant to this Lease, then City may, at City’s option, either (i) repair such damage as soon as reasonably possible at City’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within sixty (60) days after the date of occurrence of such damage of City’s intention to terminate this Lease. Such termination shall be effective as of the date specified in such notice. (c) Notwithstanding the foregoing, if such damage is caused by an act or omission to act of Tenant or a Tenant Entity, then Tenant shall repair such damage, promptly at its sole cost and expense. (d) In the event City elects to terminate this Lease pursuant to this Section 14.1, Tenant shall have the right within ten (10) days after receipt of the required notice to notify City of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from City, in which event this Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this Lease shall be terminated as of the date specified in City’s notice. City shall not be required to repair any injury or damage by fire or other cause, or to make any restoration or replacement of any paneling, decorations, office fixtures, partitions, railings, ceilings, floor covering, equipment, machinery or fixtures or any other improvements or property installed in the Premises by Tenant or at the direct or indirect expense of Tenant. Tenant shall be required to restore or replace same in the event of damage.

Partial Destruction of Premises. (a) In the event the improvements on the Premises are damaged by any casualty which is required to be insured against pursuant to this Lease, then Tenant shall repair such damage as soon as reasonably possible, at its own cost, and this Lease shall continue in full force and effect. (b) In the event such improvements are damaged by any casualty not covered under an insurance policy required to be maintained pursuant to this Lease, then City may, at City’s option, either either (i) repair such damage as soon as reasonably possible at City’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within sixty (60) days after the date of occurrence of such damage of City’s intention to terminate this Lease. Such termination shall be effective as of the date specified in such notice. (c) Notwithstanding the foregoing, if such damage is caused by an act or omission to act of Tenant or a Tenant Entity, then Tenant shall repair such damage, promptly at its sole cost and expense. (d) In the event City elects to terminate this Lease pursuant to this Section 14.1, Tenant shall have the right within ten (10) days after receipt of the required notice to notify City of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from City, in which event this Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this Lease shall be terminated as of the date specified in City’s notice. City shall not be required to repair any injury or damage by fire or other cause, or to make any restoration or replacement of any paneling, decorations, office fixtures, partitions, railings, ceilings, floor covering, equipment, machinery or fixtures or any other improvements or property installed in the Premises by Tenant or at the direct or indirect expense of Tenant. Tenant shall be required to restore or replace same in the event of damage.

Partial Destruction of Premises. (a) In the event the improvements on the Premises are damaged by any casualty which is required to be insured against pursuant to this Lease, then Tenant Operator shall repair such damage as soon as reasonably possible, at its own cost, and this Lease shall continue in full force and effect. (b) In the event such improvements are damaged by any casualty not covered under an insurance policy required to be maintained pursuant to this Lease, then City may, at City’s option, either (i) repair such damage as soon as reasonably possible at City’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant Operator within sixty (60) days after the date of occurrence of such damage of City’s intention to terminate this Lease. Such termination shall be effective as of the date specified in such notice. (c) Notwithstanding the foregoing, if such damage is caused by an act or omission to act of Tenant Operator or a Tenant Operator Entity, then Tenant Operator shall repair such damage, promptly at its sole cost and expense. (d) In the event City elects to terminate this Lease pursuant to this Section 14.1, Tenant Operator shall have the right within ten (10) days after receipt of the required notice to notify City of TenantOperator’s intention to repair such damage at TenantOperator’s expense, without reimbursement from City, in which event this Lease shall continue in full force and effect and Tenant Operator shall proceed to make such repairs as soon as reasonably possible. If Tenant Operator does not give such notice within the ten (10) day period, this Lease shall be terminated as of the date specified in City’s notice. City shall not be required to repair any injury or damage by fire or other cause, or to make any restoration or replacement of any paneling, decorations, office fixtures, partitions, railings, ceilings, floor covering, equipment, machinery or fixtures or any other improvements or property installed in the Premises by Tenant Operator or at the direct or indirect expense of TenantOperator. Tenant Operator shall be required to restore or replace same in the event of damage.

Partial Destruction of Premises. (aA) In the event the improvements on If the Premises or access thereto are damaged by any casualty which is required and, in Landlord’s reasonable opinion, such damage (exclusive of any Alterations made to the Premises by Tenant) can be insured against pursuant restored to this Leaseits pre-existing condition within one hundred eighty (180) days after the date of the damage, then Landlord shall, upon notice from Tenant shall to Landlord of such damage, except as provided in Section 11.03, promptly and with due diligence repair such damage as soon as reasonably possibleto the Premises (exclusive of any Alterations to the Premises made by Tenant, which shall be promptly repaired by Tenant at its own costsole expense) in accordance with this Section 11.02 and, until such repairs are completed, the Rent shall be abated from the date of damage in the same proportion that the rentable area of the portion of the Premises which is unusable by Tenant in the conduct of its business bears to the total rentable area of the Premises. Said abatement shall begin as of the date of the casualty and this Lease shall continue in full force end on the date Landlord tenders possession of the Premises substantially restored and effectrendered tenantable for Tenant’s business operations subject, however, to the completion of the Alterations made by Xxxxxx. (bB) In the event such improvements are damaged by any casualty not covered under an insurance policy required to be maintained pursuant to this LeaseLandlord shall notify Tenant, then City may, at City’s option, either (i) repair such damage as soon as reasonably possible at City’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within sixty (60) days after the date of occurrence of damage, whether or not such damage of Cityrepairs can, in Landlord’s intention to reasonable opinion, be made within said one hundred eighty (180) day period (the “Landlord Notice”). If the Landlord Notice states that the repairs cannot be made within such period, then either Landlord or Tenant may terminate this Lease. Such termination shall be effective , as of the date specified in such noticeof the damage or destruction, by notice given to the other (the “Termination Notice”) not later than thirty (30) days following the date on which the Landlord Notice is given by Landlord. (cC) Notwithstanding If either party fails to timely deliver the foregoing, if such damage is caused by an act or omission to act of Tenant or a Tenant EntityTermination Notice, then Tenant shall repair such damage, promptly at its sole cost and expense. (d) In the event City elects to terminate this Lease pursuant to this Section 14.1, Tenant shall have the right within ten (10) days after receipt of the required notice to notify City of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from City, in which event this Lease shall continue remain in full force and effect effect, the Rent shall be abated as provided in Section 11.02(A), Section 11.02(B) shall not be applicable, and Tenant Landlord shall proceed to make such complete the repairs as soon as reasonably possible. in a commercially reasonable manner. (D) If Tenant Landlord does not give deliver the Landlord’s Notice, or neither Landlord nor Tenant deliver a Termination Notice, and, thereafter, Xxxxxxxx has not substantially restored the Premises and access thereto by the conclusion of such notice within the ten one hundred eighty (10180) day period, then Tenant may terminate this Lease shall be terminated as Lease, by giving notice to Landlord not later than thirty (30) days following the expiration of the date specified in City’s notice. City shall not be required to repair any injury or damage by fire or other cause, or to make any restoration or replacement of any paneling, decorations, office fixtures, partitions, railings, ceilings, floor covering, equipment, machinery or fixtures or any other improvements or property installed in the Premises by Tenant or at the direct or indirect expense of Tenant. Tenant shall be required to restore or replace same in the event of damagesuch one hundred eighty (180) day period.

Partial Destruction of Premises. (a) In the event the improvements on the Premises for which Tenant bears all maintenance and repair responsibilities under Section 9.3 are damaged by any casualty which is required to be insured against pursuant to this Lease, then Tenant shall repair such damage as soon as reasonably possible, at its own cost, and this Lease shall continue in full force and effect. (b) In the event such improvements for which Tenant bears all maintenance and repair responsibilities under Section 9.3 are damaged by any casualty not covered under an insurance policy required to be maintained pursuant to this Lease, then City may, at City’s option, either (i) repair such damage as soon as reasonably possible at City’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within sixty (60) days after the date of occurrence of such damage of City’s intention to terminate this Lease. Such termination shall be effective as of the date specified in such notice. (c) Notwithstanding the foregoing, if such damage is caused by an act or omission to act of Tenant or a Tenant Entity, then Tenant shall repair such damage, promptly at its sole cost and expense. (d) In the event City elects to terminate this Lease pursuant to this Section 14.113.1, Tenant shall have the right within ten (10) days after receipt of the required notice to notify City of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from City, in which event this Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this Lease shall be terminated as of the date specified in City’s notice. City shall not be required to repair any injury or damage by fire or other cause, or to make any restoration or replacement of any paneling, decorations, office fixtures, partitions, railings, ceilings, floor covering, equipment, machinery or fixtures or any other improvements or property installed in the Premises by Tenant or at the direct or indirect expense of Tenant. Tenant shall be required to restore or replace same in the event of damage.

Partial Destruction of Premises. (a) In If the event the improvements on the Premises are Project is damaged by any casualty then, within thirty (30) days following the earlier of the date Landlord first becomes aware of such damage or destruction or the date Landlord receives notice from Tenant of such damage or destruction, Landlord shall provide Tenant with written notice (a “Restoration Notice”) specifying Landlord’s reasonable opinion of the time it will take to restore the Project (exclusive of any Alterations made to the Premises by Tenant). If in Landlord’s opinion, the Project can be restored to its pre-existing condition within two hundred seventy (270) days after the date of the damage or destruction and Landlord’s lender agrees to make available insurance proceeds for restoration, Landlord shall, except as provided in Section 11.03, promptly and with due diligence repair any damage to the Project (inclusive of Base Building Improvements but exclusive of the Tenant Improvement Work or any other Alterations to the Premises made by Tenant, which shall be promptly repaired by Tenant at its sole expense) and, until such repairs are completed, the Base Rent shall be abated from the date of damage or destruction in the same proportion that the rentable area of the portion of the Premises which is required unusable by Tenant in the conduct of its business bears to the total rentable area of the Premises. If such repairs cannot, in Landlord’s opinion, be insured against pursuant made within said two hundred seventy (270) day period or Landlord’s lender does not elect to this Leasemake available insurance proceeds, then either Landlord or Tenant shall repair such damage as soon as reasonably possiblemay, at its own costoption, exercisable by written notice given to the other within fifteen (15) days after the date of Landlord’s Restoration Notice, elect to terminate this Lease. If this Lease is not terminated by Landlord or Tenant, Landlord shall proceed to restore the Project (inclusive of Base Building Improvements but exclusive of the Tenant Improvement Work or any other Alterations made by Tenant) within a reasonable time after the damage or destruction, in which event this Lease shall remain in full force and effect but the Base Rent shall be abated as provided in the preceding sentence. If Landlord fails to restore the Premises within thirty (30) days following the date specified in Landlord’s Restoration Notice (as such date is extended by events beyond Landlord’s reasonable control), Tenant shall have the right to terminate this Lease by providing Landlord with written notice of termination provided that if Landlord substantially completes such restoration (as evidenced by a certification from the architect of record and Tenant’s right to lawfully enter onto the Premises to reconstruct the Tenant Improvement Work) within thirty (30) days following Tenant’s notice of termination, Tenant’s termination notice shall be null and void and this Lease shall continue in full force and effect. (b) In the event such improvements are damaged by any casualty not covered under an insurance policy required to be maintained pursuant to this Lease, then City may, at City’s option, either (i) repair such damage as soon as reasonably possible at City’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within sixty (60) days after the date of occurrence of such damage of City’s intention to terminate this Lease. Such termination shall be effective as of the date specified in such notice. (c) Notwithstanding the foregoing, if such damage is caused by an act or omission to act of Tenant or a Tenant Entity, then Tenant shall repair such damage, promptly at its sole cost and expense. (d) In the event City elects to terminate this Lease pursuant to this Section 14.1, Tenant shall have the right within ten (10) days after receipt of the required notice to notify City of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from City, in which event this Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this Lease shall be terminated as of the date specified in City’s notice. City shall not be required to repair any injury or damage by fire or other cause, or to make any restoration or replacement of any paneling, decorations, office fixtures, partitions, railings, ceilings, floor covering, equipment, machinery or fixtures or any other improvements or property installed in the Premises by Tenant or at the direct or indirect expense of Tenant. Tenant shall be required to restore or replace same in the event of damage.

Partial Destruction of Premises. (a) In If, during the event the improvements on the Premises are damaged by any casualty which is required to be insured against pursuant to Term of this Lease, a substantial portion of the Leased Premises is so impaired by fire or other casualty not occurring through the negligence of the Lessee or those claiming under Lessee or their employees respectively, and the said Leased Premises cannot be repaired within one-hundred twenty (120) days from the happening of such injury, then Tenant this Lease shall repair cease and terminate from the date of such damage as soon as reasonably possibleinjury. Lessee in such cases shall not pay the Annual Minimum Rent for the period of time after the injury and shall immediately surrender the Leased Premises to Lessor, at its own costwhich may enter upon and repossess the same. If such injury can be repaired within one-hundred twenty (120) days thereafter, Lessor may enter and repair, even though the effect of such entry is to render the Leased Premises or a portion thereof untenable, and this Lease shall continue in not be affected, except that the Annual Minimum Rent shall be apportioned or suspended while such repairs are being made. If the Leased Premises shall be so slightly injured by fire or other casualty as not to render the Leased Premises unfit for Lessee’s use and occupancy, and such injury renders damaged areas unusable for a period of more than seven (7) business days, Annual Minimum Rent due from the date of injury to the date of completion of repairs or resumption of use, whichever comes first, shall be apportioned to the ratio that the number of square feet of the usable portion bears to the total number of square feet of the Leased Premises. If a dispute arises as to the amount of adjusted Annual Minimum Rent due under this clause, Xxxxxx agrees to pay the full force and effect. (b) amount claimed by Xxxxxx. Lessee shall, however, have the right to proceed by law to recover the excess payment, if any. In the event of such improvements are damaged by any casualty not covered under an insurance policy required partial or total damage or destruction to be maintained pursuant to this Leasethe Leased Premises, then City may, at City’s option, either (i) repair such damage as soon as reasonably possible at City’s expense, the Lessor shall notify the Lessee with in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within sixty (60) days after from the date of said occurrence of such damage of CityLessor’s intention intent to repair and/or restore the Leased Premises or to terminate this the Lease. Such termination shall be effective as of the date specified in such notice. (c) Notwithstanding the foregoing, if such damage is caused by an act or omission to act of Tenant or a Tenant Entity, then Tenant shall repair such damage, promptly at its sole cost and expense. (d) In the event City elects to terminate this Lease pursuant to this Section 14.1, Tenant shall have the right within ten (10) days after receipt of the required notice to notify City of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from City, in which event this Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this Lease shall be terminated as of the date specified in City’s notice. City shall not be required to repair any injury or damage by fire or other cause, or to make any restoration or replacement of any paneling, decorations, office fixtures, partitions, railings, ceilings, floor covering, equipment, machinery or fixtures or any other improvements or property installed in the Premises by Tenant or at the direct or indirect expense of Tenant. Tenant shall be required to restore or replace same in the event of damage.

Partial Destruction of Premises. (a) In Landlord and Tenant agree that if during the event term of this lease the leased Premises or the improvements on thereon shall be injured or destroyed by fire or the elements, or through any other cause, so as to render the leased Premises unfit for occupancy, or to make it impossible to conduct the business of the Tenant thereon, or to such an extent that the Premises are damaged by any casualty which is required to cannot be insured against pursuant to this Leaserepaired with reasonable diligence within thirty (30) days from the happening of such injury, then the Landlord may terminate this leas as of the date of such damage or destruction. The Tenant shall repair then immediately surrender the leased Premises and all interest therein to the Landlord. The Tenant shall pay rent only to the time of surrender. In case of any such damage as soon as reasonably possible, at its own costdestruction or injury the Landlord may re-enter and repossess the leased Premises described in this lease, and this Lease shall continue may dispossess all parties then in full force and effect. (b) In possession thereof. But if the event such improvements are damaged by any casualty not covered under an insurance policy required to leased Premises can be maintained pursuant to this Lease, then City may, at City’s option, either (i) repair such damage as soon as reasonably possible at City’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant restored within sixty (60) days after from happening of the injury thereto, and the Landlord within fifteen (15) days from the occurrence of such injury elects in writing to so repair or restore said Premises within sixty (60) days from the happening of the injury thereto, then this lease shall not end or terminate on account of such injury by fire or otherwise. In such event the rent shall not run or accrue from the date of occurrence such injury through the date of completion of such repairs, except that the Tenant shall during such time pay a pro rata portion of such rent apportioned to the portion of the leased Premises which are in condition for occupancy or which may be actually occupied during such repairing period. If, however, the leased Premises shall be so slightly injured by any cause aforesaid, as not to be rendered unfit for occupancy, then the Landlord shall repair the same with reasonable promptness, and in that case the rent shall not cease or be abated during such repairing period. All improvements or betterments placed by the Tenant on the leased Premises shall, in any event, be repaired and replaced by the Tenant at its own expense and not at the expense of the Landlord except to the extent that insurance proceeds attributable to damage to Xxxxxx’s improvements are available for repair of City’s intention said damage. In the event that the Landlord shall fail to make the required repairs or to give the required notices as specified in this provision, the Tenant may, at its option, terminate this Lease. Such termination shall be effective lease as of the date specified in of such notice. (c) Notwithstanding injury upon furnishing written notice to the foregoing, if such damage is caused Landlord of same. Such right to terminate by an act or omission to act of Tenant or a Tenant Entity, then the Tenant shall repair such damage, promptly at its sole cost exist from and expense. after thirty (d) In the event City elects to terminate this Lease pursuant to this Section 14.1, Tenant shall have the right within ten (1030) days after receipt of the required notice to notify City of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from City, in which event this Lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this Lease shall be terminated as of the date specified of injury should notice have been received; in City’s notice. City shall either event, the repairs must not be required to repair any injury or damage by fire or other cause, or to make any restoration or replacement of any paneling, decorations, office fixtures, partitions, railings, ceilings, floor covering, equipment, machinery or fixtures or any other improvements or property installed in the Premises by Tenant or at the direct or indirect expense of Tenant. Tenant shall be required to restore or replace same in the event of damagehave been substantially completed.

Partial Destruction of Premises. (a) In the event the improvements on If the Premises or access thereto are damaged by any casualty which is required and, in Landlord’s reasonable opinion (to be insured against pursuant to this Lease, then Tenant shall repair such damage as soon as reasonably possible, at its own cost, and this Lease shall continue in full force and effect. (b) In the event such improvements are damaged delivered by any casualty not covered under an insurance policy required to be maintained pursuant to this Lease, then City may, at City’s option, either (i) repair such damage as soon as reasonably possible at City’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within sixty thirty (6030) days following the casualty, the Premises (exclusive of any Alterations made to the Premises) can be restored to its pre-existing condition within one hundred and twenty (120) days after the date of occurrence the damage or destruction, Landlord shall, upon written notice from Tenant to Landlord of such damage, except as provided in Section 11.3, promptly and with due diligence repair any damage to the Premises (exclusive of Cityany Alterations to the Premises made by Tenant, which shall, subject to the receipt its of insurance proceeds be promptly repaired by Tenant at its sole expense) and, until such repairs are completed, the Rent shall be abated from the date of damage or destruction in the same proportion that the rentable area of the portion of the Premises which is unusable by Tenant in the conduct of its business bears to the total rentable area of the Premises. If such repairs cannot, in Landlord’s intention reasonable opinion, be made within said one hundred twenty (120)) day period, then Landlord shall give Tenant written notice of the estimated length of time to restore the Premises (exclusive of any Alterations made to the Premises), and Tenant shall have the one-time right, by written notice given to Landlord within fifteen (15) days after Landlord’s written notice, to terminate this Lease. Such termination shall be effective Lease as of the date specified in such notice. (c) Notwithstanding of the foregoingdamage or destruction. If Tenant fails to exercise this one-time right to terminate, if such damage is caused by an act or omission to act of Tenant or a Tenant Entity, then Tenant shall repair such damage, promptly at its sole cost and expense. (d) In the event City elects be deemed to have elected not to terminate this Lease pursuant and Tenant shall have no further right to terminate this Lease as a result of such damage or destruction; provided, however, that if more than one hundred twenty (120) days following the date of the casualty Landlord has not completed the repairs required under this Section 14.111.2, Tenant shall have the right within ten to terminate this Lease by giving written notice to Landlord any anytime after the expiration of such one hundred twenty (10120) days period and prior to the completion of such repairs. If Tenant elects or is deemed to have elected not to terminate this Lease, then Landlord shall make the repairs within a reasonable time after receipt of the required notice to notify City of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from City, in which event or destruction and this Lease shall continue remain in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within but the ten (10) day period, this Lease Rent shall be terminated abated as of the date specified in City’s notice. City shall not be required to repair any injury or damage by fire or other cause, or to make any restoration or replacement of any paneling, decorations, office fixtures, partitions, railings, ceilings, floor covering, equipment, machinery or fixtures or any other improvements or property installed provided in the Premises by Tenant or at the direct or indirect expense of Tenant. Tenant shall be required to restore or replace same in the event of damagepreceding sentence.