Rent suspension. Paragraph 3.2 of this Part of the Schedule will apply if the Estate is destroyed or damaged by any Insured Risk [or Uninsured Risk]108 so that the Premises are unfit for occupation or use or inaccessible over the Estate. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible over the Estate and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding) the next Rent Day. Any dispute about the application of this paragraph 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010[ in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].
Rent suspension. 5.7.1 If an Insured Risk damages the Property so that it is Unfit, the Basic Rent will be suspended until:
5.7.1.1 the Landlord has reinstated the Property so that it is no longer Unfit in accordance with this lease; or
5.7.1.2 the Landlord's insurance and/or cover against Loss of Rent ends, whichever is the sooner, but only a fair proportion of the Basic Rent is to be suspended if:
5.7.1.3 the Property is not totally Unfit; or
5.7.1.4 there is a shortfall in the proceeds of the Landlord's insurance because of an act or omission of the Tenant or an Invitee, and the Landlord will repay to the Tenant the appropriate proportion of the Basic Rent paid in advance and referable to a period after the date on which the damage occurred and which would otherwise have been suspended under the terms of this clause.
5.7.2 Any disputes as to the operation of this clause 5.7 are to be referred to arbitration.
Rent suspension. Paragraph 3.2 of this Part of the Schedule will apply if the Centre is destroyed or damaged by any Insured Risk [or Uninsured Risk]108 so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to but excluding the next Rent Day. Any dispute about the application of this paragraph 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010[ in which case the protocols contained in paragraph 3 of 3 of the Schedule will equally apply to the subject matter of this paragraph 3].
Rent suspension. If at any time Theme Park Owner closes the Theme Park (other than temporary closings as described in Section 13.4(a) of the Resort Agreement or due to a Force Majeure Event) in accordance with the terms of Section 13.4(b) or (c) of the Resort Agreement, Tenant shall have no obligation to pay Base Rent or Additional Rent to Landlord during such periods of closure and the Total Revenues of the Hotels during such periods shall be excluded from Total Revenues used to determine Base Rent and Additional Rent for the months and Fiscal Years in which such closings occur.
Rent suspension. 24.1 If:
(a) the Building is destroyed or so damaged by an Insured Risk that the Property is wholly or partially unfit for occupation and use or inaccessible; and
(b) the Insurance has not been vitiated or any payment refused due to some act, neglect or default of the Tenant or anyone deriving title through the Tenant or anyone at the Property with the express or implied authority of either of them then the Principal Rent and Service Charge or a fair proportion of them according to the nature and extent of the damage will be suspended until the Property is reinstated and accessible to the extent only that such loss of Principal Rent and Service Charge is recoverable under Insurance against Loss of Rent (or would be so recoverable if the Landlord had fully complied with its insurance obligations at Clause 23)
24.2 Any dispute as to the amount or duration of such suspension of Principal Rent and Service Charge will be referred to arbitration under the Arbitration Act in force at that time. The arbitrator is to be appointed (failing agreement between the parties) by or on behalf of the then President of the Royal Institution of Chartered Surveyors on the application of either party.
Rent suspension. Subject to paragraph 4.2 of this Schedule, if any Building Damage by an Insured Risk occurs, payment of the Annual Rent (or a fair proportion of it according to the nature and extent of that Building Damage) shall be suspended until the earlier of:
Rent suspension. 4.1. If:
4.1.1. the Building is damaged or destroyed by an Insured Risk or an Uninsured Risk and
4.1.2. as a result the whole or a substantial part of the Property is unfit for occupation and use or is inaccessible and
4.1.3. no insurance money is withheld due to an act or omission of the Occupier then the Rent and the Service Charge (or an appropriate proportion according to the nature and extent of the damage or destruction) will be suspended until the Property is fit for occupation and use and is accessible again by the Occupier or (if earlier) until the date the Loss of Rent insurance expires (or in the case of damage by an Uninsured Risk would have expired had the damage or destruction been caused by an Insured Risk)
4.2. Any dispute as to the amount of the Rent and the Service Charge suspended or the period of suspension may be referred by either the Owner or the Occupier to arbitration
Rent suspension. If the Premises or their means of access are destroyed or damaged by any of the Insured Risks so as to be unfit for occupation and use then provided that no insurance effected by the Landlord has been prejudiced and no policy money has been withheld owing to any act or default of the Tenant or an Authorised Person the Yearly Rent or a fair proportion of it according to the nature and extent of the damage will be suspended until either the Premises or their means of access have been rebuilt or reinstated or for a period of three years (whichever is the shorter period) and any dispute about the extent proportion or period of such suspension is to be determined by the Independent Surveyor acting as an expert and not as an arbitrator and his decision will be final and binding on the parties
Rent suspension. 10.3.1 If the Premises or the means of access thereto are wholly or partly destroyed or damaged so that the Premises are wholly or partly unfit for occupation or use or inaccessible the Rent, the Initial Service Charge and the Service Charge (as the case may be) will not be payable from and including the date of damage or destruction until the date that the whole of the Premises are again fit for occupation, able to be used and accessible.
10.3.2 If clause 10.3.1 applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date.
10.3.3 If clause 10.3.1 applies, the Landlord must refund to the Tenant, within five Business Days, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction;
Rent suspension. 5.3.1 In case the Premises shall at any time be destroyed or so damaged by any one or more of the Insured Risks as to be unfit for occupation or use then and in any such case (unless such insurance shall have been vitiated or the insurance moneys rendered wholly or partly irrecoverable by the act neglect default or omission of the Tenant or any employee servant agent licensee or customer of the Tenant) the Rents or a fair proportion thereof according to the nature and extent of the damage sustained (the amount of such proportion to be referred to arbitration in the event of dispute) shall be suspended and cease to be payable until the Premises shall have been reinstated or if earlier until this Lease is determined
5.3.2 If the Premises shall not be rendered fit for occupation or use within eighteen calendar months after the date of such destruction or damage the Tenant may give written notice to determine this Lease whereupon this Lease and everything herein contained shall cease and be determined but without prejudice to the existing rights and liabilities of the parties thereunder
