RECONSTRUCTION OF PREMISES. If during the Term all or part of the Premises should be destroyed partially or totally by fire or other casualty, this Lease shall continue thereafter in full force and effect, except as hereinafter provided, and the Lessor shall cause the reconstruction of the Premises within the ninety (90) days following such destruction to substantially the same condition in which it existed at the time immediately preceding such destruction. Lessee’s obligation to pay rental to Lessor hereunder shall xxxxx from the date of such destruction until completion of such reconstruction. Should the Premises be partially damaged or destroyed, rent shall be abated in the same proportion as the destruction affects Lessee’s ability to occupy and use the Premises for its intended purposes. Notwithstanding the foregoing, Lessor shall have thirty (30) days following the partial or total destruction of the Premises to elect in writing not to commence reconstruction, repair or replacement of the Premises. In the event of such an election by Lessor, this Lease shall be deemed terminated and of no further force or effect.
RECONSTRUCTION OF PREMISES. If during the Term all or part of the Premises should be destroyed partially or totally by fire or other casualty, this Lease shall continue thereafter in full force and effect, except as hereinafter provided, and the Lessor shall cause the reconstruction of the Premises within the nine (9) months following such destruction to substantially the same condition in which it existed at the time immediately preceding such destruction. Xxxxxx’s obligation to pay rental to Lessor hereunder shall xxxxx from the date of such destruction until completion of such reconstruction and the Term hereof shall be automatically extended for a period of time equivalent to that during which rent is abated as aforesaid. Should the Premises be partially damaged or destroyed, rent shall be abated in the same proportion as the destruction affects Xxxxxx’s ability to occupy and use the Premises for its intended purposes. Notwithstanding the foregoing, Lessor shall have thirty (30) days following the partial or total destruction of the Premises to elect in writing not to commence reconstruction, repair or replacement of the Premises. In the event of such an election by Xxxxxx, this Lease shall be deemed terminated and of no further force or effect.
RECONSTRUCTION OF PREMISES. If during the Term all or part of the Premises should be destroyed partially or totally by fire or other casualty, this Lease shall continue thereafter in full force and effect, except as hereinafter provided, and the Lessor shall use commercially reasonable diligent efforts to cause the reconstruction of the Premises as soon as reasonably possible following such destruction to substantially the same condition in which it existed at the time immediately preceding such destruction. Lxxxxx’s obligation to pay Rent to Lessor hereunder shall axxxx from the date of such destruction until completion of such reconstruction and the Term hereof shall be automatically extended for a period of time equivalent to that during which Rent is abated as provided herein. Should the Premises be partially damaged or destroyed, Rent shall be abated in the same proportion as the destruction materially affects Lxxxxx’s ability to occupy and use the Premises for the Permitted Use. Notwithstanding the foregoing, within 30 days of the loss (or such longer period as may be reasonably necessary), Lessor shall reasonably determine and communicate in writing to Lessee (the “Lessor’s Repair Notice”) whether or not the Premises can be reasonably repaired within 180 days following such casualty, and if Lessor determines that the Premises cannot reasonably be repaired within such 180 day period, then either party may, by written notice to the other party within 30 days after Lxxxxx’s receipt of Lxxxxx’s Repair Notice, terminate this Lease (the “Termination Right”). Notwithstanding the foregoing, Lessor shall have 90 days following the partial or total destruction of the Premises to elect in writing not to commence reconstruction, repair or replacement of the Premises and to terminate this Lease, and if Lessor’s lender fails to allow insurance proceeds to be made available for reconstruction of the Premises following a fire or other casualty or if such fire or other casualty is not covered by the insurance maintained by Lessor (or the insurance that Lessor would have maintained if it had maintained the insurance required under Section 8.4) Lessor shall have the option, within 30 days following the date Lessor learns of either of such facts, to terminate this Lease. Notwithstanding any language herein to the contrary, if (i) the Premises are damaged by a casualty loss not caused by Lessee or its agents, employees or licensees, and (ii) in Lessee’s reasonable judgment the Premises are not rep...
RECONSTRUCTION OF PREMISES. If the Premises or the property wherein the same are situated is substantially damaged by any cause insured against by Landlord, then Landlord shall within a reasonable time from the date of such damage commence to repair the Premises and complete the work of repair within a reasonable time thereafter, except that if the work of repair would reasonable cost more than fifty percent (50%) of the value of the structure prior to the damage, or the work of repair would require more than sixty (60) days from the date of the damage to complete the work of repair, or the damage occurs within the last twenty-four (24) months of the Lease Term, Landlord may, upon written notice to Tenant given within thirty (30) after the date of damage, terminate this Lease. In the even of termination by Landlord as herein provided, the Termination Date shall be the date upon which the damage occurred to the Premises became untenable. If the Premises or the property wherein the same are situated shall be damaged or destroyed by any cause other than a cause insured against, then Landlord shall have the right, by written notice to Tenant within thirty (30) days after such damage or destruction, to terminate this Lease effective as of the date of such damage or destruction. In the event Landlord repairs or restores the Premises pursuant to the provisions of this paragraph 25, the rent payable hereunder for the period during which damage, repair or restoration continues shall be abated in proportion to the degree to which Tenant’s use of the Premises is impaired. Except for any abatement of rent, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration.
RECONSTRUCTION OF PREMISES. If during the Term all or any portion of the Premises should be destroyed by fire or other casualty, this Lease shall continue thereafter in full force and effect, except as hereinafter provided, and the Lessor shall cause the reconstruction of the Premises within the one twenty (120) days following such destruction to substantially the same condition in which it existed at the time immediately preceding such destruction. Lessee's obligation to pay rental to Lessor hereunder shall abate xxxx the date of such destruction until completion of such rexxxxxruction and the Term hereof shall be automatically extended for a period of time equivalent to that during which rent is abated as aforesaid. Should the Premises be partially damaged or destroyed, rent shall be abated in the same proportion as the destruction affects Lessee's ability to occupy and use the Premises for its xxxxnded purposes. Notwithstanding the foregoing, Lessor shall have thirty (30) days following the partial or total destruction of the Premises to elect in writing not to commence reconstruction, repair or replacement of the Premises. In the event of such an election by Lessor, this Lease shall be deemed terminated and of no further xxxxx or effect. Notwithstanding the foregoing, if within twenty (20) days following any damage or destruction of the Premises, Lessee reasonably determines that reconstruction of the Premises shall take longer than one hundred twenty (120) days from the date of such damage or destruction, then Lessee shall have the right to terminate this Lease with ten (10) days prior written notice to Lessor.
RECONSTRUCTION OF PREMISES. If the Leased Premises is damaged by fire or other insured casualty to an extent which may be repaired within one hundred twenty (120) days of damage. Lessor will promptly begin and diligently pursue repairing the damages. In that event, this Lease shall continue in full force and effect. Rents shall be abated according to the unusable portion of the Leased Premises and the period of time between the date damage occurred to the date repairs are completed. If repairs should require more than one hundred twenty (120) days, Lessee shall have the option to terminate the Lease and any unearned rents shall be refunded.
RECONSTRUCTION OF PREMISES. 12 ARTICLE 10
RECONSTRUCTION OF PREMISES. Subject to Article 11.4 and to any cancellation of the Lease and the rights of the Landlord's hypothecary creditors, the insurance indemnities payable in the event of a casualty to the Building shall be used to rebuild and repair the damages, as provided herein. The Landlord undertakes to use its best efforts so that every hypothec given by the Landlord contains a provision to this effect.
RECONSTRUCTION OF PREMISES. (a) If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. If the Premises or any part thereof shall be damaged or rendered Untenantable by fire or other insured casualty and Tenant gives notice thereof to Landlord and this Lease is not terminated pursuant to any provision of this Article, Landlord shall proceed with reasonable diligence to collect the insurance proceeds attributable to such damage, if any, and to repair such damage to the Premises, excluding Tenant's Improvements or Tenant's Property. Except as provided in Section 15.5, the Fixed Rent and Additional Rent shall be abated based on the proportion which the square footage of the Premises rendered Untenantable bears to the total square footage of the Premises from the date of the damage to the date that the Premises shall no longer be Untenantable. Such period shall include a reasonable time for Tenant, exercising due diligence, to construct its Tenant's Improvements and its material handling equipment. Landlord shall reasonably cooperate with Tenant to facilitate Tenant's installation of Tenant's Improvements and Tenant's Property. If Tenant reoccupies a portion of the Premises during the period of repair for the conduct of its business, the Fixed Rent and Additional Rent allocable to such reoccupied portion, based upon the proportion which the reoccupied portion of the Premises bears to the total area of the Premises, shall be payable by Tenant from the date of such occupancy.
RECONSTRUCTION OF PREMISES. If during the Term all or part of the Premises should be destroyed partially or totally by fire or other casualty, this Lease shall continue thereafter in full force and effect, except as hereinafter provided, and Landlord shall use commercially reasonably diligent efforts to cause the reconstruction of the Premises as soon as reasonably possible following such destruction to substantially the same condition in which it existed at the time immediately preceding such destruction. Tenant’s obligation to pay rent to Landlord hereunder shall xxxxx from the date of such destruction until completion of such reconstruction and the Term hereof shall be automatically extended for a period of time equivalent to that during which rent is abated as aforesaid. Should the Premises be partially damaged or destroyed, rent shall be abated in the same proportion as the destruction affects Tenant’s ability to occupy and use the Premises for the Permitted Use. Notwithstanding the foregoing, Landlord shall have 30 days following the partial or total destruction of the Premises to elect in writing not to commence reconstruction, repair or replacement of the Premises and to terminate this Lease, and if such fire or other casualty is not covered by the insurance maintained by Landlord, Landlord shall have the option, within 30 days following the date Landlord learns of either of such facts, to terminate this Lease.
