Common use of Property Damage And Destruction Clause in Contracts

Property Damage And Destruction. A total or partial destruction of the building in which the premises may be situated shall terminate this lease. If the premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Lessee’s purposes, then Lessee shall have the right within ninety (90) days following damage to elect by notice to Lessor to terminate this Lease as of the date of such damage. In the event of a partial destruction of the premises during the term hereof, which is beyond Lessee’s reasonable control, from any other cause, except in the case where the premises is damaged by fire or other casualty resulting from any act or negligence of Lessee or any of Lessee’s agents, employees or invitees, as previously discussed, Lessor shall forthwith repair the same. In such event Lessee shall have the right to terminate this Lease. Lessee shall be relieved from paying rent and other charges during any portion of the Lease term that the premises are inoperable or unfit for occupancy, or use, in whole or in part, for Lessee’s purposes, except in the case where the premises is damaged by fire or other casualty resulting from any act or negligence of Lessee or any of Lessee’s agents, employees or invitees, as previously discussed. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payment(s), if any, but if no further payments are to be made, any such advance payments shall be refunded to Lessee. In making the repairs called for in this paragraph, Lessor shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Lessor.

Appears in 2 contracts

Samples: Commercial Lease (Marchex Inc), Commercial Lease (Marchex Inc)

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Property Damage And Destruction. A total or partial destruction of the building buildings in which the premises may be situated shall terminate this lease. If the premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for LesseeLesee’s purposes, then Lessee shall have the right within ninety (90ninety(90) days following damage to elect by notice to Lessor to terminate this Lease as of the date of such damage. In the event of a partial destruction of the premises during the term hereof, which is beyond Lessee’s reasonable control, from any other cause, except in the case where the premises is damaged by fire or other casualty resulting from any act or negligence of Lessee or any of Lessee’s agents, employees or invitees, as previously discussed, Lessor shall forthwith repair the same. In repairs can be made within sixty (60) days under existing governmental laws and regulations, but such event Lessee partial destruction shall have the right to not terminate this Leaselease. Lessee shall be relieved from paying rent and other charges during any portion of the Lease term that the premises are inoperable or unfit for occupancy, or use, in whole or in part, for Lessee’s purposes, except in the case where the premises is damaged by fire or other casualty resulting from any act or negligence of Lessee or any of Lessee’s agents, employees or invitees, as previously discussed. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payment(s), if any, but if no further payments are to be made, any such advance payments shall be refunded to Lessee. In making the repairs called for in this paragraph, Lessor shall not be liable for any delays resulting from strikes, governmental Governmental restrictions, inability to obtain necessary materials or o labor or other matters which are beyond the reasonable control of Lessor. In the event said repairs cannot be made within sixty(60) days or Lessor shall not elect make such repairs that cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In the event that the building in which the demised premises may be situated is destroyed to an extent of not less than one-third of the replacement cost, Lessor may elect to terminate this lease whether the demises premises be injured or not.

Appears in 2 contracts

Samples: Commercial Lease Agreement (MySkin, Inc.), Commercial Lease (MySkin, Inc.)

Property Damage And Destruction. A total or partial destruction of the building in which the premises may be situated shall terminate this lease. If the premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for LesseeTenant’s purposes, then Lessee Tenant shall have the right within ninety (90) days following damage to elect by notice to Lessor Landlord to terminate this Lease as of the date of such damage. In the event of a partial destruction of the premises during the term hereof, which is beyond LesseeTenant’s reasonable control, from any other cause, except in the case where the premises is damaged by fire or other casualty resulting from any act or negligence of Lessee Tenant or any of LesseeTenant’s agents, employees or invitees, as previously discussed, Lessor Landlord shall forthwith repair the same. In , provided that such event Lessee repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall have the right to not terminate this Leaselease. Lessee Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the premises are inoperable or unfit for occupancy, or use, in whole or in part, for LesseeTenant’s purposes, except in the case where the premises is damaged by fire or other casualty resulting from any act or negligence of Lessee Tenant or any of LesseeTenant’s agents, employees or invitees, as previously discussed. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payment(s), if any, but if no further payments are to be made, any such advance payments shall be refunded to LesseeTenant. In making the repairs called for in this paragraph, Lessor Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of LessorLandlord. In the event said repairs cannot be made within sixty (60) days or Landlord shall not elect to make such repairs that cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In the event that the building in which the demised premises may be situated is destroyed to an extent of not less than one- third of the replacement cost, Landlord may elect to terminate this lease whether the demised premises be injured or not.

Appears in 1 contract

Samples: Commercial Lease

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Property Damage And Destruction. A total or partial destruction of the building in which the premises may be situated shall terminate this lease. If the premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Lessee’s 's purposes, then Lessee shall have the right within ninety (90) days following damage to elect by notice to Lessor to terminate this Lease as of the date of such damage. In the event of a partial destruction of the premises during the term hereof, which is beyond Lessee’s 's reasonable control, from any other cause, except in the case where the premises is damaged by fire or other casualty resulting from any act or negligence of Lessee or any of Lessee’s 's agents, employees or invitees, as previously discussed, Lessor shall forthwith repair the same. In , provided that such event Lessee repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall have the right to not terminate this Leaselease. Lessee shall be relieved from paying rent and other charges during any portion of the Lease term that the premises are inoperable or unfit for occupancy, or use, in whole or in part, for Lessee’s 's purposes, except in the case where the premises is damaged by fire or other casualty resulting from any act or negligence of Lessee or any of Lessee’s 's agents, employees or invitees, as previously discussed. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payment(s), if any, but if no further payments are to be made, any such advance payments shall be refunded to Lessee. In making the repairs called for in this paragraph, Lessor shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other or·other matters which are beyond the reasonable control of Lessor. In the event said repairs cannot be made within sixty (60) days or Lessor shall not elect to make such repairs that cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In the event that the building in which the demised premises may be situated is destroyed to an extent of not less than one-third of the replacement cost, Lessor may elect to terminate this lease whether the demised premises be injured or not.

Appears in 1 contract

Samples: Commercial Lease Agreement (MassRoots, Inc.)

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