Common use of PAYMENT OF RENT FOLLOWING CASUALTY Clause in Contracts

PAYMENT OF RENT FOLLOWING CASUALTY. Until this Lease is terminated pursuant to Section 12.1 or 12.2 or, if this Lease is not so terminated, until Landlord’s repair and restoration work has been completed pursuant to Section 12.2 and Tenant has been notified thereof, the Annual Fixed Rent and Tenant’s Share of Taxes and Operating Expenses shall be apportioned or adjusted according to the part of the Premises which is usable by Tenant. If more than fifty percent (50%) of the Premises is damaged by casualty and on account thereof the remainder of the floor is rendered unsuitable for occupancy for the regular conduct of Tenant’s business and Tenant in fact does not so occupy such remainder, then the entire Premises shall be deemed unusable by Tenant. No damages, compensation or claims shall be payable by Landlord or the Board for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or of the Unit or the Building. If rent abates in respect of all or any portion of the Premises and Tenant reoccupies the Premises or such portion thereof, or any part thereof, for the conduct of Tenant’s business operations during the period in which Landlord’s restoration work is taking place and prior to the date that the same is made completely tenantable, the Annual Fixed Rent and Tenant’s Share of Taxes and Operating Expenses allocable to the space so reoccupied shall be payable from the date of such reoccupancy.

PAYMENT OF RENT FOLLOWING CASUALTY. Until this Lease is terminated pursuant to Section 12.1 or 12.2 or, if this Lease is not so terminated, until (a) the expiration of such time as is reasonably required for Tenant to restore Tenant’s Alterations (but in no event more than one-hundred eighty (180) days after Landlord’s repair and restoration work has been completed pursuant to Section 12.2 and 12.2) or (b) the date Tenant has been notified thereofcompletes restoration of Tenant’s Alterations, whichever of (a) or (b) is earlier, the Annual Fixed Rent and Tenant’s Share of Taxes and Operating Expenses shall be apportioned or adjusted according to the part of the Premises which is usable by Tenant. If more than fifty percent (50%) Notwithstanding the foregoing, if a Critical Area shall be subject to a casualty, the rent for the whole of the Premises is damaged by casualty and on account thereof the remainder shall be abated as of the floor date of such casualty so that a casualty affecting a Critical Area is rendered unsuitable for occupancy deemed a casualty affecting the whole of the Premises provided that Tenant cannot and does not use the whole of the Premises for the regular normal conduct of Tenant’s business and Tenant in fact does not so occupy such remainder, then the entire Premises shall be deemed unusable by Tenantbusiness. No damages, compensation or claims shall be payable by Landlord or the Board for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or of the Unit or the Building. If rent abates in respect of all or any portion of the Premises and Tenant reoccupies the Premises or such portion portion, thereof, or any part thereof, for the conduct of Tenant’s business operations during the period in which Landlord’s restoration work is taking place and prior to the date that the same is made completely tenantable, the Annual Fixed Rent and Tenant’s Share of Taxes and Operating Expenses allocable allocated to the space so reoccupied shall be payable payable, and Tenant’s Share shall increase by the portion thereof allocable to such space, from the date which is five (5) Operating Days after notice from Landlord that such space is ready for reoccupancy. Notwithstanding anything in this Section to the contrary, if Landlord shall be unable to collect all of such reoccupancythe insurance proceeds (including rent insurance proceeds) payable by reason of any damage to the Building or the Premises under Landlord’s insurance policies by reason of any action or inaction by Tenant or failure by Tenant to comply with any of the provisions of this Lease (including without limitation Sections 9.3 and 11.5 hereof), then without prejudice to any other remedy which may be available against Tenant, the abatement of rent provided for in this Section 12.3 shall not be effective to the extent of the uncollected insurance proceeds, and the amount of any abatement theretofore taken by Tenant shall be immediately payable to Landlord within thirty (30) days after demand therefor.

PAYMENT OF RENT FOLLOWING CASUALTY. Until this Lease is terminated pursuant to Section 12.1 or 12.2 or, if this Lease is not so terminated, until Landlord notifies Tenant that Landlord’s repair and restoration work has been substantially completed pursuant to Section 12.2 and Tenant has been notified thereof12.2, the Annual Fixed Rent Rent, Tenant’s Tax Payment and Tenant’s Share of Taxes and Operating Expenses shall be apportioned or adjusted abated on a pro rata basis according to the part of the Premises which that is usable by Tenant. If more than fifty percent (50%) of the Premises is damaged by casualty and on account thereof the remainder of the floor is rendered unsuitable for occupancy for the regular conduct of Tenant’s business and Tenant in fact does not so occupy such remainder, then the entire Premises shall be deemed unusable by Tenant. No damages, compensation or claims shall be payable by Landlord or the Board for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or of the Unit or the Building. If rent abates in respect of all or any portion of the Premises and Tenant reoccupies the Premises or such portion thereof, or any part thereof, for the conduct of Tenant’s business operations during the period in which Landlord’s restoration work is taking place and prior to the date that the same is made completely tenantable, the Annual Fixed Rent Rent, Tenant’s Tax Payment and Tenant’s Share of Taxes and Operating Expenses allocable to the space so reoccupied shall be payable from the date of such reoccupancy. Notwithstanding anything in this Section to the contrary, if Landlord shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) payable by reason of any damage to the Building or the Premises under Landlord’s insurance policies by reason of the failure by Tenant to comply with any of the provisions of this Lease (including, without limitation, Sections 9.2 and 11.10 hereof) or Tenant’s negligence or willful misconduct, then without prejudice to any other remedy which may be available against Tenant, the abatement of rent provided for in this Section 12.3 shall not be effective to the extent of the uncollected insurance proceeds, and the amount of any abatement theretofore taken by Tenant shall be immediately payable to Landlord on demand.

PAYMENT OF RENT FOLLOWING CASUALTY. Until this Lease is terminated pursuant to Section 12.1 12.1, or 12.2 or, if this Lease is not so terminated, until the Landlord’s repair Restoration Work and restoration work has Tenant’s Restoration Work have been completed pursuant to Section 12.2 and Tenant has been notified thereof12.2, the Annual Fixed Rent and Tenant’s Share of Taxes and the Excess Operating Expenses shall be apportioned or adjusted according to the part nature and extent of the Premises which is usable by Tenant. If more than fifty percent (50%) of the Premises is damaged by casualty and on account thereof the remainder of the floor is rendered unsuitable for occupancy for the regular conduct of Tenant’s business and Tenant in fact does not so occupy such remainder, then the entire Premises shall be deemed unusable by Tenant. No damages, compensation or claims shall be payable by Landlord or the Board for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or of the Unit or the Building. If rent abates in respect of all or any portion of the Premises and Tenant reoccupies the Premises or such portion thereof, or any part thereof, for the conduct of Tenant’s business operations during the period in which Landlord’s restoration work is taking place and prior to the date that the same is made completely tenantable, the Annual Fixed Rent and Tenant’s Share of Taxes and Operating Expenses allocable allocated to the space so reoccupied shall be payable from payable, and Tenant’s Share shall be increased by the portion thereof allocable to such space. Annual Fixed Rent shall become payable, and Tenant’s Share shall thereafter increase, on the earlier of Tenant’s occupancy of additional portions of the Premises, or, subject to extension for Force Majeure, at the expiration of the period of time equal to one hundred fifty (150%) percent of Tenant’s Restoration Work Schedule, commencing at the expiration of Landlord’s Restoration Work. Occupancy by Tenant shall occur on the date upon which Tenant, or anyone associated with Tenant, commences beneficial use of such reoccupancyadditional portions of the Premises or portions thereof, if in increments (as opposed to use by Tenant’s personnel or contractors in the space preparing the same for occupancy, occupancy by persons administering Tenant’s occupancy, including the installation or testing of telephones, computers and other equipment, cabling wiring, furnishings, fixtures, furniture and other property of Tenant). The restoration of Landlord’s Work and Tenant’s Work in accordance with this Lease shall be effectuated in substantially the same manner and in accordance with substantially the same procedures as set forth in Exhibit C with respect to the original construction of the Building and the original construction of Tenant’s Work. Notwithstanding anything in this Section to the contrary, if Landlord shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) payable by reason of any damage to the Building or the Premises under Landlord’s insurance policies by reason of any action or inaction by Tenant or failure by Tenant to comply with any of the provisions of this Lease (including without limitation Sections 9.3 and 11.6 hereof), then without prejudice to any other remedy which may be available against Tenant, the abatement of rent provided for in this Section 12.3 shall not be effective to the extent of the uncollected insurance proceeds, and the amount of any abatement theretofore taken by Tenant shall be immediately payable to Landlord on demand.

PAYMENT OF RENT FOLLOWING CASUALTY. Until this Lease is terminated pursuant to Section 12.1 12.1, or 12.2 or, if this Lease is not so terminated, until the Landlord’s repair 's Restoration Work and restoration work has Tenant's Restoration Work have been completed pursuant to Section 12.2 and Tenant has been notified thereof12.2, the Annual Fixed Rent and Tenant’s 's Share of Taxes and the Excess Operating Expenses shall be apportioned or adjusted according to the part nature and extent of the Premises which is usable by Tenant. If more than fifty percent (50%) of the Premises is damaged by casualty and on account thereof the remainder of the floor is rendered unsuitable for occupancy for the regular conduct of Tenant’s business and Tenant in fact does not so occupy such remainder, then the entire Premises shall be deemed unusable by Tenant. No damages, compensation or claims shall be payable by Landlord or the Board for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or of the Unit or the Building. If rent abates in respect of all or any portion of the Premises and Tenant reoccupies the Premises or such portion thereof, or any part thereof, for the conduct of Tenant’s 's business operations during the period in which Landlord’s restoration work is taking place and prior to the date that the same is made completely tenantable, the Annual Fixed Rent and Tenant’s Share of Taxes and Operating Expenses allocable allocated to the space so reoccupied shall be payable from payable, and Tenant's Share shall be increased by the portion thereof allocable to such space. Annual Fixed Rent shall become payable, and Tenant's Share shall thereafter increase, on the earlier of Tenant's occupancy of additional portions of the Premises, or, subject to extension for Force Majeure, at the expiration of the period of time equal to one hundred fifty (150%) percent of Tenant's Restoration Work Schedule, commencing at the expiration of Landlord's Restoration Work. Occupancy by Tenant shall occur on the date upon which Tenant, or anyone associated with Tenant, commences beneficial use of such reoccupancyadditional portions of the Premises or portions thereof, if in increments (as opposed to use by Tenant's personnel or contractors in the space preparing the same for occupancy, occupancy by persons administering Tenant's occupancy, including the installation or testing of telephones, computers and other equipment, cabling wiring, furnishings, fixtures, furniture and other property of Tenant). The restoration of Landlord's Work and Tenant's Work in accordance with this Lease shall be effectuated in substantially the same manner and in accordance with substantially the same procedures as set forth in Exhibit C with respect to the original construction of the Building and the original construction of Tenant's Work. Notwithstanding anything in this Section to the contrary, if Landlord shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) payable by reason of any damage to the Building or the Premises under Landlord's insurance policies by reason of any action or inaction by Tenant or failure by Tenant to comply with any of the provisions of this Lease (including without limitation Sections 9.3 and 11.6 hereof), then without prejudice to any other remedy which may be available against Tenant, the abatement of rent provided for in this Section 12.3 shall not be effective to the extent of the uncollected insurance proceeds, and the amount of any abatement theretofore taken by Tenant shall be immediately payable to Landlord on demand.