Rent suspension. 3.1 Paragraph 3.2 will apply if the Building is destroyed or damaged by any Insured Risk [or Uninsured Risk]121 so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 will not apply to the extent that the Landlord’s insurance has been vitiated or Consider whether and from which date rent suspension should apply following uninsured damage. 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.
3.2 Subject to paragraph 3.1, the Main 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:
3.2.1 the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant’s fitting out works;
3.2.2 the end of the Risk Period; and
3.2.3 the End Date.
3.3 If paragraph 3.2 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 Main 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.
3.4 If paragraph 3.2 applies:
3.4.1 the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Main Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and
3.4.2 the Tenant must pay to the Landlord on demand the Main Rent and Service Charge for the period starting on the date they again become payable to but excluding the next Rent Day.
3.5 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 Act 1996.
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. 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. 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. 2.1 If the Property or any part of it is so damaged or destroyed by any of the Insured Risks as to become completely or partly unfit for occupation and use and the sum insured is not wholly or partly irrecoverable because of any act or omission of the Tenant the rents or a fair proportion of them according to the nature and extent of the damage sustained shall be suspended until the Property shall be made fit for occupation and use as certified by the Landlord or until the date of expiry of a notice of election given by either the Landlord or the Tenant under the following conditions:-
(a) If the Property is so destroyed or damaged by any of the Insured Risks as to become wholly unfit for occupation or use and cannot be reinstated without substantial rebuilding the Landlord may elect to treat this Lease as at an end and re-enter the Property on giving to the Tenant not less than one month's written notice
(b) It is a further condition that if the Property is not reinstated within six months after such destruction or damage the Tenant may elect to treat this Lease as at an end and quit the Property on giving to the Landlord not less than one month's written notice
2.2 Any election by either party shall be subject to the Landlord's rights to recover any rents and other sums payable up to the expiry date of the notice of election and to the rights of either party in respect of any then subsisting breach of covenant
Rent suspension. 3.1 Paragraph 3.2 will apply if the Building is destroyed or damaged by any Insured Risk or Uninsured Risk so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 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.
3.2 Subject to paragraph 3.1, the Main 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:
3.2.1 the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant’s fitting out works;
3.2.2 the end of the Risk Period; and
Rent suspension. 4.1 Subject to paragraph 4.2 of this Schedule, if any Property 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 Property Damage) shall be suspended until the earlier of:
(a) the date on which the Property has been reinstated so that it is fit for occupation and use; and
(b) the date which is three years from and including the date on which that Property Damage occurred.
4.2 The Annual Rent shall not be suspended under paragraph 4.1 of this Schedule if the Property Damage is caused by:
(a) an Insured Risk and:
(i) the policy of insurance in relation to the Property has been vitiated in whole or in part as a result of any act or omission of the Tenant or any Authorised Person; and
(ii) the Tenant has not complied with paragraph 3.2(f) of this Schedule; or
(b) an Uninsured Risk
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
