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. 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 unless tenant's insurance covers such loss or unless the untenable area prevents the Tenant from conducting its manufacturing operations, 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 Premises are damaged or destroyed by fire or other cause at any time after the date Date of commencement 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 Premises without diminution or change of location. Provided, however, that in case of total destruction of the premises Premises by fire, or in case the premises are Building is 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 ’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 Premises are rendered temporarily untenantable because of fire or other casualty, base monthly rent Base Rent shall xxxxx axxxx on the untenantable area until the premises Premises are restored to their former condition unless tenant's insurance covers such loss or unless the untenable area prevents the Tenant from conducting its manufacturing operationscondition, 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 premisesPremises. In the event that the Premises are rendered untenantable for a period of nine (9) months or more Tenant may at any time thereafter prior to the date that the Premises are no longer untenantable, terminate this Lease by providing Landlord with thirty (30) days prior written notice to terminate. 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 insuranceLandlord’s insurance and Tenant shall not have the right to terminate the Lease pursuant to this Section 19.