Common use of Partial Destruction of Premises Clause in Contracts

Partial Destruction of Premises. If the Premises are damaged by any casualty and, in Landlord’s opinion, the Premises (exclusive of any Alterations made to the Premises by Tenant) can be restored to its pre-existing condition within two hundred ten (210) days after the date of the damage or destruction, Landlord shall, upon written notice from Tenant to Landlord of such damage, except as provided in Section 11.03, promptly and with due diligence repair any damage to the Premises (exclusive of any 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 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 reasonable opinion, be made within said two hundred ten (210) day period, then either Landlord or Tenant shall have the right, by written notice given to the other within sixty (60) days after the date of the damage or destruction, to terminate this Lease as of the date of the damage or destruction.

Appears in 1 contract

Samples: Office Lease (Wilshire Bancorp Inc)

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Partial Destruction of Premises. If the Premises are damaged by any casualty and, in Landlord’s opinion, the Premises (exclusive of any Alterations made to the Premises by Tenant) can be restored to its pre-existing condition within two hundred ten (210) days after the date of the damage or destruction, Landlord shall, upon written notice from Tenant to Landlord of such damage, except as provided in Section 11.03, promptly and with due diligence repair any damage to the Premises (exclusive of any 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 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 reasonable opinion, be made within said two hundred ten (210) day period, then the Rent shall be abated as provided in the preceding sentence and, then either Landlord or Tenant shall have the right, by written notice given to the other within sixty (60) days after the date of the damage or destruction, to terminate this Lease as of the date of the damage or destruction.

Appears in 1 contract

Samples: Office Lease (Wilshire Bancorp Inc)

Partial Destruction of Premises. (A) If the Premises or access thereto are damaged by any casualty and, in Landlord’s reasonable opinion, the Premises such damage (exclusive of any Alterations made to the Premises by Tenant) can be restored to its pre-existing condition within two one hundred ten eighty (210180) days after the date of the damage or destructiondamage, Landlord shall, upon written notice from Tenant to Landlord of such damage, except as provided in Section 11.03, promptly and with due diligence repair any such damage to the Premises (exclusive of any Alterations to the Premises made by Tenant, which shall be promptly repaired by Tenant at its sole expense) in accordance with this Section 11.02 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 reasonable opinion, be made within said two hundred ten (210) day period, then either Landlord or Tenant Said abatement shall have the right, by written notice given to the other within sixty (60) days after the date of the damage or destruction, to terminate this Lease begin as of the date of the damage or destructioncasualty and end on the date Landlord tenders possession of the Premises substantially restored and rendered tenantable for Tenant’s business operations subject, however, to the completion of the Alterations made by Xxxxxx.

Appears in 1 contract

Samples: Office Lease (Green Earth Technologies Inc)

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Partial Destruction of Premises. If the Premises are damaged by any casualty and, in Landlord’s 's opinion, the Premises (exclusive of any Alterations made to the Premises by Tenant) can be restored to its pre-existing condition within two hundred ten seventy (210270) calendar days after the date of the damage or destruction, Landlord shall, upon written notice from Tenant to Landlord of such damage, except as provided in Section 11.03, promptly and with due diligence repair any damage to the Premises (exclusive of any 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 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 Rentable Area of the Premises. If such repairs cannotProvided, in Landlord’s reasonable opinionhowever, the Rent shall not be made within said two hundred ten abated if either (210a) day period, then either Landlord or Tenant shall have the right, by written notice given to the other within sixty (60) days after the date of the damage or destruction, to terminate this Lease as destruction is repaired within five (5) business days after Landlord receives written notice from Tenant of the date of casualty, or (b) the damage or destructiondestruction is the result of the active negligence or wilful misconduct of Tenant, or any officers, partners, employees, agents or invitees of Tenant, or any assignee or subtenant of Tenant.

Appears in 1 contract

Samples: Office Lease (Electronic Arts Inc)

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