Common use of Partial Destruction of the Premises Clause in Contracts

Partial Destruction of the Premises. If the Premises should be rendered only partially (but not substantially) untenantable (for the purpose for which they were leased) by fire or other casualty, then such damaged part of Tenant Finish Improvements 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 before the earlier of (i) the two hundred thirtieth (230th) day following the date of the casualty or (ii) the date the repair is completed, whereupon rent shall be apportioned to and shall cease as of the date of the casualty and both parties shall be released from all further obligations and liability hereunder except those obligations which survive termination of this Lease.

Partial Destruction of the Premises. If the Premises should be rendered only partially (but not substantially) untenantable (for the purpose for which they were leased) 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 Tenant Finish Improvements 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 effect before the earlier of (i) the two hundred thirtieth (230th) day following the date of the casualty or (ii) the date the repair is completedsuch termination, whereupon rent shall be apportioned to and shall cease as of the date of the casualty and both parties shall be released from all further obligations and liability hereunder except those obligations which survive termination of this Leasehereunder.

Partial Destruction of the Premises. (1) If the Premises should be are rendered only partially (but not substantially) untenantable (for the purpose for which they were leasedleased (which, as used herein, means the Premises are less than substantially destroyed, as defined in Section 11(b) above) by fire or other casualty, then such damaged part of Tenant Finish Improvements in the Premises shall be reconstructed and restored, restored at Landlord’s expense, but subject to the availability of insurance proceeds, 's expense to substantially the same condition as existed it was prior to the casualty, except for repair or replacement of Tenant’s 's Improvements, Tenant's personal property, equipment, leasehold improvements equipment and trade fixtures, which shall remain Tenant’s 's responsibility; rent . Base Rent and Additional Rent shall be equitably abated in the proportion which the approximate area as of the damaged part bears to the total area in the Premises from the date of such casualty in proportion to the casualty until substantial completion ratio between the number of square feet which is untenantable compared to the reconstruction repairs; and this Lease shall continue in full force and effect for aggregate number of square feet comprising the balance of the TermPremises. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within two one hundred twenty (200120) days from the date of the casualty, Tenant may, at its option, terminate this Lease upon giving Landlord written notice to that effect before effect, whereupon both parties shall be released from all further obligations and liability hereunder. (2) If the earlier casualty occurs during the last six (6) months of (i) the two hundred thirtieth (230th) day following Term, either party shall have the right and option to terminate its Lease as of the date of the casualty or casualty, which option shall be exercised by written notice to be given by either party to the other party within thirty (ii30) the date the repair days therefrom. If this option is completedexercised, whereupon rent shall be apportioned to and shall cease as of the date of the casualty and both parties shall be released from all further obligations and liability hereunder except those obligations which survive termination of this Leasecasualty.

Partial Destruction of the Premises. If the Premises should be rendered only partially (but not substantially) untenantable (for the purpose for which they were leasedleased [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 Tenant Finish Improvements 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 before the earlier of (i) the two hundred thirtieth (230th) day following the date of the casualty or (ii) the date the repair is completedeffect, whereupon rent shall be apportioned to and shall cease as of the date of the casualty and both parties shall be released from all further obligations and liability hereunder except those obligations which survive termination of this Leasehereunder.

Partial Destruction of the Premises. If the Premises should be rendered only partially (but not substantially) untenantable (for the purpose for which they were leased) 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 Tenant Finish Improvements 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 before the earlier of (i) the two hundred thirtieth (230th) day following the date of the casualty or (ii) the date the repair is completedeffect, whereupon rent shall be apportioned to and shall cease as of the date of the casualty and both parties shall be released from all further obligations and liability hereunder except those obligations which survive termination hereunder. Nothing herein shall require the Landlord to expend more repairs, restoration or replacement than the proceeds of this Leasethe insurance therefor received by Landlord.

Partial Destruction of the Premises. (1) If the Premises should be are rendered only partially (but not substantially) untenantable (for the purpose for which they were leasedleased (which, as used herein, means the Premises are less than substantially destroyed, as defined in Section 11(b) above) by fire or other casualty, then such damaged part of Tenant Finish Improvements 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 's Improvements, Tenant's personal property, equipment, leasehold improvements equipment and trade fixtures, which shall remain Tenant’s 's responsibility; rent . Base Rent and Additional Rent shall be equitably abated in the proportion which the approximate area as of the damaged part bears to the total area in the Premises from the date of such casualty in proportion to the casualty until substantial completion ratio between the number of square feet which is untenantable compared to the reconstruction repairs; and this Lease shall continue in full force and effect for aggregate number of square feet comprising the balance of the TermPremises. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within two one hundred twenty (200120) days from the date of the casualty, Tenant may, at its option, terminate this Lease upon giving Landlord written notice to that effect before effect, whereupon both parties shall be released from all further obligations and liability hereunder. (2) If the earlier casualty occurs during the last six (6) months of (i) the two hundred thirtieth (230th) day following Term, either party shall have the right and option to terminate its Lease as of the date of the casualty or casualty, which option shall be exercised by written notice to be given by either party to the other party within thirty (ii30) the date the repair days therefrom. If this option is completedexercised, whereupon rent shall be apportioned to and shall cease as of the date of the casualty and both parties shall be released from all further obligations and liability hereunder except those obligations which survive termination of this Leasecasualty.

Partial Destruction of the Premises. (1) If the Premises should be are rendered only partially (but not substantially) untenantable (for the purpose for which they were leasedleased (which, as used herein, means the Premises are less than substantially destroyed, as defined in Section 12(b) above) by fire or other casualty, then such damaged part of Tenant Finish Improvements in the Premises shall be reconstructed and restored, restored at Landlord’s expense, but subject to the availability of insurance proceeds, expense to substantially the same condition as existed it was prior to the casualty, except for repair or replacement of Tenant’s Improvements, Tenant’s personal property, equipment, leasehold improvements equipment and trade fixtures, which shall remain Tenant’s responsibility; rent responsibility Base Rent and Additional Rent shall be equitably abated in the proportion which the approximate area as of the damaged part bears to the total area in the Premises from the date of such casualty in proportion to the casualty until substantial completion ratio between the number of square feet which is untenantable compared to the reconstruction repairs; and this Lease shall continue in full force and effect for aggregate number of square feet comprising the balance of the TermPremises. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within two hundred (200) 120 days from the date of the casualty, Tenant may, at its option, terminate this Lease upon giving Landlord written notice to that effect before effect, whereupon both parties shall be released from all further obligations and liability hereunder. (2) If the earlier casualty occurs during the last six months of (i) the two hundred thirtieth (230th) day following Term, either party shall have the right and option to terminate its Lease as of the date of the casualty or (ii) casualty, which option shall be exercised by written notice to be given by either party to the date the repair other party within thirty days therefrom. If this option is completedexercised, whereupon rent shall be apportioned to and shall cease as of the date of the casualty and both parties shall be released from all further obligations and liability hereunder except those obligations which survive termination of this Leasecasualty.