Rent Cesser. If the Premises or any part of them or any access roads within the Science Park shall at any time or times be destroyed or damaged by any of the Insured Risks so as to render the Premises unfit for occupation and use and/or inaccessible then and in every such case (save to the extent provided in clause 4.1(b)(ii)) the Principal Rent, the Second Rent[, the Third Rent] and the Service Charge or a fair and just proportion according to the nature and extent of the damage sustained (as agreed between the Landlord and the Tenant in writing within one month of such destruction or damage) shall be suspended and cease to be payable for a period of three years (or for such other period as the Landlord shall have insured under clause 4.1(a)) from the date of such damage or destruction or (if earlier) until the Premises (or access roads within the Science Park, as the case may be) have been rebuilt or reinstated so that the Premises are again fit for occupation and use and accessible and failing such agreement or in case any dispute shall arise as to the amount of such suspension and/or such period the same shall be determined by an independent surveyor who shall:
(a) be a chartered surveyor with at least ten years’ experience in the assessment of rent for premises of a similar nature in the locality of the Premises;
(b) be appointed by the President or Vice President for the time being of the Royal Institution of Chartered Surveyors on the application of whichever of the Landlord and the Tenant shall first so apply;
(c) act as an expert and not as an arbitrator;
(d) on his appointment serve written notice on the Landlord and the Tenant;
(e) consider any written representations by or on behalf of the Landlord or the Tenant concerning such matter which are received by him within 28 days of such service but otherwise have an unfettered discretion to determine such matter;
(f) serve notice of such determination on the Landlord and the Tenant as soon as he has made it;
(g) be paid his proper fee and expenses in connection with such determination by the Landlord and the Tenant in equal shares or any such shares as he may determine; and any such determination shall be final and binding on the parties PROVIDED that if and whenever any person so appointed shall die, be adjudged bankrupt or become of unsound mind or if both the Landlord and the Tenant shall serve upon such person written notice that in their opinion he has unreasonably delayed making such determination such pe...
Rent Cesser. 3.1 If the Building is damaged or destroyed by any of the Insured Risks such that the Property or the means of access to it is unfit for occupation and use or the Property incapable of reasonable access then (unless paragraph 4 applies) the Basic Rent and the Service Charge or a fair proportion of them according to the nature and extent of the damage in question shall be suspended until the earlier of:
3.1.1 the expiration of the period insured for Loss of Rent; and
3.1.2 the date on which the Property is again fit for occupation and use or capable of reasonable access.
Rent Cesser. If the Property or the access thereto is damaged or destroyed so that the Property is incapable of occupation and use (other than as a result of any act or omission of the Tenant) the Rent or a fair proportion of it according to the nature and extent of the damage shall be suspended from the date of destruction or damage until the date on which the Property is made fit for occupation and use.
Rent Cesser. If during the Term the Demised Premises or any part thereof shall be destroyed or damaged by any Insured Risk so as to be unfit for occupation or use and the policy of insurance effected by the Landlord shall not have been vitiated or payment of the policy moneys wholly or partly withheld or refused by reason of any act neglect or default of the Tenant its undertenants or their respective servants agents or licensees the First Reserved Rent or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the Demised Premises shall again be fit for occupation and use or until the expiration
Rent Cesser. If during the Term the Demised Premises or any part thereof shall be destroyed or damaged by any Insured Risk so as to be unfit for occupation or use and the policy of insurance effected by the Landlord shall not have been vitiated or payment of the policy moneys wholly or partly withheld or refused by reason of any act neglect or default of the Tenant its undertenants or their respective servants agents or licensees the First Reserved Rent or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the Demised Premises shall again be fit for occupation and use or until the expiration of four years from the date of the damage or destruction whichever shall be the earlier and any dispute shall be referred to the award of a single arbitrator to be appointed in default of agreement upon the application of either party by the President for the time being of the Royal Institution of Chartered Surveyors in accordance with the provisions of the Arbitration Acts 1950 and 1979 or any statutory modification thereof for the time being in force
Rent Cesser. 3.1 If the Building is damaged or destroyed by any of the Insured Risks or an Uninsurable Risk such that the Property is unfit for occupation and use or incapable of reasonable access then (unless paragraph 4 applies) the Annual Rent and the Service Charge or a fair proportion of them according to the nature and extent of the damage in question shall be suspended until the earlier of:
3.1.1 the expiration of the period insured for Loss of Rent; and
3.1.2 the date on which the Property is again fit for occupation and use or capable of reasonable access.
3.2 If paragraph 3.1 applies during any rent free period under this Lease then (unless paragraph 4 applies), such rent free period shall be suspended until the earlier of:
3.2.1 the expiration of the period insured for Loss of Rent; and
3.2.2 the date on which the Property is again fit for occupation and use or capable of reasonable access.
3.3 The suspension of Annual Rent or Service Charge under this Lease does not affect the Tenant’s liability to pay any Annual Rent or Service Charge which may have fallen due before the suspension starts.
Rent Cesser. If the Premises or any part thereof or all access thereto shall be destroyed or damaged by any of the Insured Risks so as to make the Premises unfit for occupation or use then (unless the insurance moneys shall have been wholly or partly withheld due to any act neglect or default of the Tenant or anyone at the Premises expressly or impliedly with the authority of the Tenant or due to any exclusion or limitation to which the policy of insurance may be subject) the Rent or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the Premises shall again be fit for occupation and use or access shall be restored or until the expiration of the period for which insurance for loss of Rent is effected whichever shall be the earlier and any dispute shall be referred to the award of a single arbitrator to be appointed in default of agreement upon the application of either party by the President for the time being of the Royal Institution of Chartered Surveyors in accordance with the provisions of the Arbitration Xxx 0000
Rent Cesser. If:
7.3.1 the Premises or the essential means of access to them or the service media supplying them are damaged by an Insured Risk, so that the Premises are incapable of occupation or use; and
7.3.2 in respect of damage by an Insured Risk, payment of any insurance money has not been vitiated by a breach of the Tenant’s obligations, the Yearly Rent, or a fair proportion of it according to the nature and extent of the damage sustained, shall cease to be payable from the date when the damage occurred until the date on which the Premises and, if applicable, the service media or essential means of access to them are repaired so that the Premises are made fit for occupation and use for the Permitted Use.
Rent Cesser. If during the Term the Demised Premises or any part thereof shall be destroyed or damaged by any Insured Risk so as to be unfit for occupation or use and the policy of insurance
Rent Cesser. 16 5.3 NOTICES..........................................................12 5.4
