Common use of REPLACEMENT OF BUILDING - CASUALTY DAMAGE Clause in Contracts

REPLACEMENT OF BUILDING - CASUALTY DAMAGE. If the Premises are damaged or destroyed by fire or other cause at any time after the date of commencement of this lease, Landlord shall proceed with due diligence to repair or restore the same to the same condition as existed before such damage or destruction, and as soon as possible thereafter will give possession to the Tenant of the Premises without diminution or change of location. If, however, the time required to restore or reconstruct the Premises will exceed 90 days, then either the Landlord or Tenant, no later than the 30th day following the damage, shall give notice to the other stating that it elects to terminate this Lease. If such notice shall be given: (i) this Lease shall terminate as of the date of the casualty (ii) Tenant shall surrender possession of the Premises as of the date of notification by Tenant or within ten (10) days from notification by Landlord; (iii) the rent and additional rent shall be apportioned as of the date of such casualty and any rent paid for any period beyond said date shall be repaid to Tenant. Provided, however, that in case of total destruction of the Premises by fire, or in case the Premises are so badly damaged that, in the opinion of the Landlord, it is not feasible to repair or rebuild the same, then, Landlord shall have the right to terminate this lease instead of rebuilding the improvements; provided, however, that Landlord shall give Tenant written notice of Landlord’s intention to terminate, said notice to be served not later than thirty (30) days after the occurrence of the damage to the property. In the event the Premises are rendered temporarily untenantable because of fire or other casualty, base monthly rent shall xxxxx on the untenantable area until the Premises are restored to their former condition, abatement to be based on the square feet of building floor space in the untenantable area compared to the total square feet of building floor space on the Premises. Provided, however, that to the extent the damage or destruction results from the negligence or other action of Tenant or its employees, agents, contractors, subcontractors, invitees, guests or licensees, Tenant shall pay for the restoration or repair, to the extent the cost of same is not covered by insurance

REPLACEMENT OF BUILDING - CASUALTY DAMAGE. If the Premises are damaged or destroyed by fire or other cause at any time after the date of commencement of this lease, Landlord shall proceed with due diligence to repair or restore the same to the same condition as existed before such damage or destruction, and as soon as possible thereafter will give possession to the Tenant of the Premises without diminution or change of location. If, however, the time required to restore or reconstruct the Premises will exceed 90 days, then either the Landlord or Tenant, no later than the 30th day following the damage, shall give notice to the other stating that it elects to terminate this Lease. If such notice shall be given: (i) this Lease shall terminate as of the date of the casualty (ii) Tenant shall surrender possession of the Premises as of the date of notification by Tenant or within ten (10) days from notification by Landlord; (iii) the rent and additional rent shall be apportioned as of the date of such casualty and any rent paid for any period beyond said date shall be repaid to Tenant. Provided, however, that in case of total destruction of the Premises by fire, or in case the Premises are so badly damaged that, in the opinion of the Landlord, it is not feasible to repair or rebuild the same, then, Landlord shall have the right to terminate this lease instead of rebuilding the improvements; provided, however, that Landlord shall give Tenant written notice of Landlord’s 's intention to terminate, said notice to be served not later than thirty (30) days after the occurrence of the damage to the property. In the event the Premises are rendered temporarily untenantable because of fire or other casualty, base monthly rent shall xxxxx on the untenantable area until the Premises are restored to their former condition, abatement to be based on the square feet of building floor space in the untenantable area compared to the total square feet of building floor space on the Premises. Provided, however, that to the extent the damage or destruction results from the negligence or other action of Tenant or its employees, agents, contractors, subcontractors, invitees, guests or licensees, Tenant shall pay for the restoration or repair, to the extent the cost of same is not covered by insurance

REPLACEMENT OF BUILDING - CASUALTY DAMAGE. 19.1 If the Premises are damaged or destroyed by fire or other cause at any time after the date of commencement this Lease, (collectively a "Casualty"), Landlord, with reasonable promptness, shall cause a general contractor selected by Landlord to provide Landlord and Tenant with a written estimate of the amount of time required using standard working methods to Substantially Complete the repair and restoration of the Premises and any common areas necessary to provide access to the Premises ("Completion Estimate"). If the Completion Estimate indicates that the Premises or any part of the Building necessary to provide access to the Premises cannot be made tenantable within 180 days from the date of the Casualty, then either party shall have the right to terminate this Lease upon written notice to the other within ten (10) days after Tenant's receipt of the Completion Estimate. Tenant, however, shall not have the right to terminate this Lease if the Casualty was caused by the negligence or intentional misconduct of Tenant. Notwithstanding the foregoing, if there shall occur a partial destruction of the Premises, or the Building containing the Premises, as a result of a Casualty during the last three (3) years of the Lease term, Landlord or Tenant shall have the option to terminate this Lease upon giving written notice to the other within thirty (30) days after such Casualty. For purposes of this leasesubparagraph, "partial destruction" shall be deemed destruction to an extent of at least thirty-three and one-third percent (33-1/3%) of the then full replacement cost of the Premises or the Building containing the Premises as of the date of such Casualty. 19.2 If this Lease is not terminated, Landlord shall proceed with due diligence to repair or restore the same Premises to the same condition as existed before such damage or destruction, and as soon as possible thereafter will give possession to the Tenant of the Premises without diminution or change of location. If, however, the time required to restore or reconstruct the Premises will exceed 90 days, then either the Landlord or Tenant, no later than the 30th day following the damage, shall give notice to the other stating that it elects to terminate this Lease. If such notice shall be given: (i) this Lease shall terminate as of the date of the casualty (ii) Tenant shall surrender possession of the Premises as of the date of notification by Tenant or within ten (10) days from notification by Landlord; (iii) the rent and additional rent shall be apportioned as of the date of such casualty and any rent paid for any period beyond said date shall be repaid to Tenant. Provided, however, that in case of total destruction of the Premises by fire, or in case the Premises are so badly damaged that, in the opinion of the Landlord, it is not feasible to repair or rebuild the same, then, Landlord shall have the right to terminate this lease instead of rebuilding the improvements; provided, however, that Landlord shall give Tenant written notice of Landlord’s intention to terminate, said notice to be served not later than thirty (30) days after the occurrence of the damage to the property. . 19.3 In the event the Premises are rendered temporarily untenantable because as a result of fire or other casualtya Casualty, base monthly rent Rent shall xxxxx on the untenantable area until the Premises are restored to their former condition, abatement to be based on the square feet of building Building floor space in the untenantable area compared to the total square feet of building Building floor space on in the Premises. Provided, however, that to To the extent the damage or destruction Casualty results from the negligence or other action of Tenant or its employees, agents, contractors, subcontractors, invitees, guests or licensees, Tenant shall pay for the restoration or repair, to the extent the cost of same is not covered by Landlord’s insurance.

REPLACEMENT OF BUILDING - CASUALTY DAMAGE. If the Premises are damaged or destroyed by fire or other cause at any time after the date of commencement Commencement Date of this leaseLease, Landlord shall proceed with due diligence to repair or restore the same to the same condition as existed before such damage or destruction, and as soon as possible thereafter will give possession to the Tenant of the Premises without diminution or change of location. If, however, the time required to restore or reconstruct the Premises will exceed 90 days, then either the Landlord or Tenant, no later than the 30th day following the damage, shall give notice to the other stating that it elects to terminate this Lease. If such notice shall be given: (i) this Lease shall terminate as of the date of the casualty (ii) Tenant shall surrender possession of the Premises as of the date of notification by Tenant or within ten (10) days from notification by Landlord; (iii) the rent and additional rent shall be apportioned as of the date of such casualty and any rent paid for any period beyond said date shall be repaid to Tenant. Provided, however, that in case of total destruction of the Premises by firefire or other casualty, or in case the Premises are Building is so badly damaged that, in the reasonable opinion of the Landlord, it is not feasible to repair or rebuild the same, or such damage cannot in Landlord's reasonable determination be repaired within 180 days following the occurrence of such damage, then, Landlord shall give notice to Tenant of such determination and Landlord or Tenant shall have the right to terminate this lease instead of rebuilding Lease by notice to the improvements; provided, however, that other party not later than 30 days after the date on which Landlord shall give Tenant provides written notice of Landlord’s intention to terminate, said notice to be served not later than thirty (30) days after the occurrence of the damage to the propertysuch determination. In the event the Premises are rendered temporarily untenantable because of fire or other casualty, base and this Lease is not terminated by either Landlord or Tenant as provided above, then monthly rent Base Rent shall xxxxx on the untenantable area until the Premises are restored to their former condition, abatement to be based on the square feet of building Building floor space in the untenantable area compared to the total rentable square feet of building Building floor space on in the Premises. Provided, however, that to the extent the damage or destruction results from the negligence or other action of Tenant or its employees, agents, contractors, subcontractors, invitees, guests or licensees, Tenant shall pay for the restoration or repair, to the extent the cost of same is not covered by Landlord's insurance.

REPLACEMENT OF BUILDING - CASUALTY DAMAGE. If the Premises are damaged or destroyed by fire or other cause at any time after the date of commencement of this leaseLease, Landlord shall proceed with due diligence to repair or restore the same to the same condition as existed before such damage or destruction, and as soon as possible thereafter will give possession to the Tenant of the Premises without diminution or change of location. If, however, the time required to restore or reconstruct the Premises will exceed 90 180 days, then either the Landlord or Tenant, no later than the 30th day following the damage, shall give notice to the other stating that it elects to terminate this Lease. If such notice shall be given: (i) this Lease shall terminate as of the date of the casualty casualty; (ii) Tenant shall surrender possession of the Premises as of the date of notification by Tenant or within ten (10) days from notification by Landlord; (iii) the rent and additional rent shall be apportioned as of the date of such casualty and any rent paid for any period beyond said date shall be repaid to Tenant. Provided, however, that in case of total destruction of the Premises by fire, or in case the Premises are so badly damaged that, in the opinion of the Landlord, it is not feasible to repair or rebuild the same, then, Landlord shall have the right to terminate this lease Lease instead of rebuilding the improvements; provided, however, that Landlord shall give Tenant written notice of Landlord’s intention to terminate, said notice to be served not later than thirty (30) days after the occurrence of the damage to the property. In the event the Premises are rendered temporarily untenantable because of fire or other casualty, base monthly rent and operating costs shall xxxxx axxxx on the untenantable area until the Premises are restored to their former condition, abatement to be based on the square feet of building floor space in the untenantable area compared to the total square feet of building floor space on the Premises. Provided, however, that to the extent the damage or destruction results from the negligence or other action of Tenant or its employees, agents, contractors, subcontractors, invitees, guests or licensees, Tenant shall pay for the restoration or repair, to the extent the cost costs of same is not covered by insurance, except to the extent Landlord is determined to have underinsured the building and improvements.