Common use of Partial Destruction of the Premises Clause in Contracts

Partial Destruction of the Premises. If the Premises should be rendered partially untenantable for the purpose for which they were leased [which, as used herein, means such destruction or damage as would prevent Tenant from carrying on its business on the Premises to an extent not exceeding forty percent (40%) of its normal business activity] by fire or other casualty, then such damaged part of Landlord’s Work in the Premises shall be reconstructed and restored, at Landlord’s expense, but subject to the availability of insurance proceeds, to substantially the same condition as existed prior to the casualty, except for repair or replacement of Tenant’s personal property, equipment, leasehold improvements and trade fixtures, which shall remain Tenant’s responsibility; rent shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Term. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within two hundred (200) days from the date of the casualty, Tenant may, at its option, terminate this Lease upon giving Landlord written notice to that effect, whereupon both parties shall be released from all further obligations and liability hereunder.

Partial Destruction of the Premises. If the Premises should be rendered partially untenantable for the purpose for which they were leased [which, as used herein, means such destruction or damage as would prevent Tenant from carrying on its business on the Premises to an extent not exceeding forty percent (40%) of its normal business activity] damaged by fire or other casualty, but not substantially destroyed or damaged to the extent provided in Sec. 10.01, then such damaged part of Landlord’s Work in the Premises shall be reconstructed and restored, at Landlord’s 's expense, but subject to the availability of insurance proceeds, to substantially the same condition as existed it was prior to the casualty; provided however, except that Landlord's obligation hereunder shall be limited to the reconstruction of such of the tenant finish improvements as were originally required to be made by Landlord in accordance with the plans and specifications referred to in Section 5.01, and further provided that, if Tenant has made any additional improvements pursuant to Section 9.03, Tenant shall reimburse Landlord for repair or replacement the cost of Tenant’s personal propertyreconstructing the same. In such event, equipmentif the damage is expected to prevent Tenant from carrying on its business in the Premises to an extent exceeding 30% of its normal business activity, leasehold improvements and trade fixtures, which shall remain Tenant’s responsibility; rent shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Termterm. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within two one hundred eighty (200180) days from the date of the casualty, Tenant may, at its option, terminate this Lease upon by giving Landlord written notice to that effectof such termination, whereupon both parties shall be released from all further obligations and liability hereunder.

Partial Destruction of the Premises. If the Premises should be rendered partially untenantable for the purpose for which they were leased [which, as used herein, means such destruction or damage as would prevent Tenant from carrying on its business on the Premises to an extent not exceeding forty percent (40%) of its normal business activity] damaged by fire or other casualty, but not substantially destroyed or damaged to the extent provided in Section 7.01, then such damaged part of Landlord’s Work in the Premises shall be reconstructed and restored, at Landlord’s 's expense, but subject to the availability of insurance proceeds, to substantially the same condition as existed it was prior to the casualty; provided however, except for repair the Landlord's obligation hereunder shall be limited to the reconstruction of such of the Lease Space Improvements as were originally required to be made by Landlord at Landlord's expense in accordance with "Exhibit E". In such event, if the damage prevents Tenant from carrying on its business in the Premises in whole or replacement of Tenant’s personal propertyin part, equipment, leasehold improvements and trade fixtures, which shall remain Tenant’s responsibility; rent Rent shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Termterm. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within two one hundred eighty (200180) days from the date of the casualty, Tenant may, at its option, terminate this Lease upon giving Landlord sixty (60) days written notice to that effect, whereupon both parties shall be released from all further obligations and liability hereunder. Nothing herein shall require the Landlord to expend more repairs, restoration or replacement than the proceeds of the insurance therefor received by Landlord.

Partial Destruction of the Premises. If the Premises should be rendered partially untenantable for the purpose for which they were leased [(which, as used herein, means such destruction or damage as would prevent Tenant from carrying on its business on the Premises to an extent not exceeding forty percent (40%) of its normal business activity] ) by fire or other casualty, then such damaged part of Landlord’s Work in the Premises shall be reconstructed and restored, at Landlord’s 's expense, but subject to the availability of insurance proceeds, to substantially the same condition as existed it was prior to the casualty, except for repair or replacement of Tenant’s personal property, equipment, leasehold improvements and trade fixtures, which shall remain Tenant’s responsibility; rent shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Term. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within two hundred (200) days from the date of the casualty, Tenant may, at its option, terminate this Lease upon giving Landlord written notice to that effect, whereupon both parties shall be released from all further obligations and liability hereunder.

Partial Destruction of the Premises. If the Premises should be rendered partially untenantable for the purpose for which they were leased [(which, as used herein, means such destruction or damage as would prevent Tenant from carrying on its business on the Premises to an extent not exceeding forty percent (40%) 20% of its normal business activity] ) by fire or other casualty, then such damaged part of Landlord’s Work in the Premises shall be reconstructed and restored, at Landlord’s 's expense, but subject to the availability of insurance proceeds, to substantially the same condition as existed prior to the casualty, except for repair or replacement of Tenant’s personal property, equipment, leasehold improvements and trade fixtures, which shall remain Tenant’s responsibility; rent shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Termterm. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within two one hundred eighty (200180) days from the date of the casualty, or if at such time it is apparent that Landlord will not be able to reconstruct the Premises in one hundred eighty (180) days, or if such casualty occurs during the last twelve (12) months of the term of this Lease, then Tenant may, at its option, terminate this Lease upon giving Landlord written notice to that effect, whereupon both parties shall be released from all further obligations and liability hereunder.

Partial Destruction of the Premises. If the Premises should be rendered partially untenantable for the purpose for which they were leased [(which, as used herein, means such destruction or damage as would prevent Tenant from carrying on its business on the Premises to an extent not exceeding forty percent (40%) of its normal business activity] ) by fire or other casualty, then such damaged part of Landlord’s Work in the Premises shall be reconstructed and restored, at Landlord’s expense, but subject to the availability of insurance proceeds, to substantially the same condition as existed it was prior to the casualty, except for repair or replacement of Tenant’s personal property, equipment, leasehold improvements and trade fixtures, which shall remain Tenant’s responsibility; rent shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Term. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within two hundred (200) days from the date of the casualty, Tenant may, at its option, terminate this Lease upon giving Landlord written notice to that effect, whereupon both parties shall be released from all further obligations and liability hereunder.

Partial Destruction of the Premises. If the Premises should be rendered partially untenantable for the purpose for which they were xxxx leased [(which, as used herein, means such destruction or damage as would prevent Tenant from carrying on its business on the Premises to an extent not exceeding forty percent (40%) of its normal business activity] ) by fire or other casualty, then such damaged part of Landlord’s Work in the Premises shall be reconstructed and restored, at Landlord’s 's expense, but subject to the availability of insurance proceeds, to substantially the same condition as existed it was prior to the casualty, except for repair or replacement of Tenant’s personal property, equipment, leasehold improvements and trade fixtures, which shall remain Tenant’s responsibility; rent shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Term. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within two hundred (200) days from the date of the casualty, Tenant may, at its option, terminate this Lease upon giving Landlord written notice to that effect, whereupon both parties parties. shall be released from all further obligations and liability hereunder.