Restoration of Damage. In the event of a Casualty that is not a Material Casualty, or if neither party elects to exercise its right to terminate this Lease as provided in Section 15.1 above in connection with a Material Casualty, then LESSOR, at its expense (subject to reimbursement from any proceeds of insurance arising from the applicable Casualty), shall repair and restore the Premises to a condition at least equivalent to the condition that prevailed immediately before such Casualty with reasonable diligence and continuity. If, during the period of such repair and restoration, LESSEE is unable to reasonably use all or any part of the Premises in the ordinary course of LESSEE’s business without material interference or impairment, then LESSEE shall receive a reduction in the Rent and additional rent proportionate to the fraction of the Premises unusable by LESSEE in the ordinary course of its business without material interference or impairment from the date of the applicable Casualty until LESSEE is again reasonably able to use the entire Premises without material interference or impairment. If LESSOR is obligated to repair and restore the Premises as aforesaid, LESSEE shall make available to LESSOR all insurance proceeds received on account of the applicable Casualty (other than any insurance proceeds attributable to LESSEE’s property), and LESSOR shall apply such proceeds towards the cost of such repair and restoration to the extent necessary to comply with this Section 15.2.
Restoration of Damage. If the Demised Premises are partially damaged by fire, the elements or other casualty, covered by the "all risk" insurance policy referred to hereinabove, Landlord shall promptly repair all damage and restore the Demised Premises to their condition immediately prior to the occurrence of such damage. During the period of reconstruction referred to above, rent payable by Tenant shall ratably abate, based on the percentage of the Demised Premises usable during xxxxxstruction. The term of the Lease shall extend one additional day for each day the entire Demised Premises are not usable due to the reconstruction process. If the Demised Premises shall be totally destroyed and/or shall it be determined that more than one hundred eighty (180) days will be required to repair or rebuild the Demised Premises, both Landlord and Tenant shall have the right to terminate this Lease Agreement upon written notice to the other within thirty (3)) days of the occurrence at which time this Lease Agreement shall become null and void.
Restoration of Damage. If the Premises are damaged by fire or other --------------------- casualty:
(a) Landlord will restore the Premises (but not Tenant's property located therein) with reasonable promptness at Landlord's expense unless the nature of the damage to the Building is such that Landlord determines that the restoration cannot be completed within twelve (12) months, in which event either Landlord or Tenant may, upon notice to the other party given within thirty (30) days after Landlord's determination, terminate this Lease.
(b) Landlord will not be liable to Tenant for any interruption in use of the Premises which results from damage to any part of the Building, but Rent will be proportionately abated during any period of time when any part (or all) of the Premises is untenable.
(c) The provisions of this Section 13 shall be considered an express agreement governing any case of damage or destruction of the Premises by fire or other casualty, and any law of the State of New Jersey providing for such a contingency in the absence of an express agreement and any other law of like import, now or hereafter in force, shall have no application in such case.
Restoration of Damage. During the initial term or any extended or renewal term of this Lease, in the event of a fire or other casualty causing damage to the Building or balance of the Property (each a "Casualty"), Tenant shall immediately notify Landlord. For purposes of this Section, a "Minor Casualty" means, with respect to the Building, a Casualty which causes damage to less than fifty percent (50%) (in terms of square footage of floor area) ox xxx Xxxxxxxx xxx x "Xxxxx Xxxualty" means a Casualty which causes damage to fifty percent (50%) or more (in terms of square footage of floor area) ox xxx Xxxxxxxx. Xx xxx xxxxx xx a Minor Casualty, so long as Landlord's lender makes the insurance proceeds available for such work, Tenant shall promptly restore the damage to the Building and Property. Any restoration, rebuilding or repair shall be at Tenant's expense and shall comply with the provisions of this Lease, provided that the insurance proceeds payable with respect to such Casualty shall be made available to Tenant for such purpose as restoration progresses in a manner similar to that in which a prudent commercial lender would distribute loan proceeds for similar work, subject to the requirements of Landlord's lender. The restored Building and Property shall be at least equal in value, quality and use to the Building and Property immediately before the Casualty. In the event of a Major Casualty, Tenant shall, within six (6) months after the date of the Casualty (or such earlier time required by applicable law) either terminate this Lease, by written notice to Landlord, or restore or replace the damaged portion of the Building and balance of the Property. If Tenant elects to restore or replace the damaged portion of the Building and Property, the restored or replaced Building and Property shall be at least equal in value, quality and use to the Building and Property immediately before the Casualty. If Tenant elects to terminate this Lease, then the insurance proceeds related to the damage to the Building and Property arising from the Casualty shall be allocated to Landlord, except for the unamortized cost of Tenant's improvements as described below. In the event of such termination, all rent and other amounts payable by Tenant under this Lease shall abate as of the date of casualty. Xx xxe event of termination of this Lease by reason of casualty, Tenant shall be entitled to recover, in addition to Tenant's other rights under this Lease, an amount equal to that portion of the Ten...
Restoration of Damage. Company, at its sole expense, shall restore all damage to property, both public and private, caused by the construction, operation, maintenance or repair of the Cable System, so as to return the damaged property to a condition as good as reasonably possible before the damage was done. Such restoration shall be made as soon as practicable after completion of work necessitating the restoration. Absent force majeure, such restoration shall be made insofar as reasonably possible within fifteen business days, weather permitting, after Company’s receipt of notification from the owner of the property so damaged unless otherwise mutually agreed by Company and the property owner; provided, that if any such damage involves curbs, sidewalks or driveways, the damage shall be repaired to the satisfaction of the Town (curbs and sidewalks) or the owner or tenant in possession of the property (driveways) within ten business days. Company shall provide the Town with immediate notice for any damage Company causes to: Streets, water-mains, storm or sanitary sewers, or other public facilities. If Company does not make the repairs to such public facilities, Company shall be financially liable for the reasonable cost of any repairs. If Company fails to make such restoration on a timely basis, the Town may fix a reasonable time for such restoration and repairs and shall notify Company in writing of the restoration and repairs required and time fixed for performance hereof. Upon failure of Company to comply within the specified time period, the Town may cause proper restoration and repairs to be made and the reasonable expense of such work shall be paid by Company upon demand by the Town.
Restoration of Damage. If the Demised Premises are partially damaged by fire, the elements or other casualty covered by the “all risk” insurance policy referred to herein above, Landlord shall promptly repair all damage and restore the Demised Premises to their condition immediately prior to the occurrence of such damage. During the period of reconstruction referred to above, rent payable by Tenant shall ratably xxxxx, based upon the percentage of the Demised Premises usable during reconstruction. If the Demised Premises shall be totally destroyed and/or shall it be determined that more than one hundred eighty (180) days will be required to repair or rebuild the Demised Premises, both Landlord and Tenant shall have the right to terminate this Lease upon written notice to the other within thirty (30) days of the occurrence at which time this Lease shall become null and void.
Restoration of Damage. If the Leased Space is damaged by fire or other casualty:
(a) Landlord will restore the Leased Space (but not Tenant's property located therein) with reasonable promptness at Landlord's expense, except that Tenant may be liable for restoration costs under Section 9(e) unless:
(b) The damage to the Building is so extensive that Landlord, in its sole discretion, determines not to restore it, or Landlord decides not to restore because the costs of restoration exceed the amount of insurance proceeds recovered by Landlord and not otherwise required to be applied by Landlord's mortgagee, in either of which events Landlord will so notify Tenant within sixty (60) days after the occurrence of such casualty and upon such notice this Lease will terminate; or
(c) Promptly upon Tenant’s request, and in any event within 30 days after the damage, Landlord will give Tenant a written estimate of how long restoration of the damage will take; such estimate shall be reasonable. If Landlord estimates that restoration will take more than One Hundred Fifty (150) days from the date of occurrence of damage, or if restoration does in fact take more than One Hundred Fifty (150) days, Tenant may, by written notice to Landlord, terminate this Lease. Landlord will not be liable to Tenant for any interruption in use of the Leased Space that results from damage to any part of the Building, but Rent and Additional Rent will be proportionately suspended during any period of time when any substantial part (or all) of the Leased Space is untenantable.
Restoration of Damage. Company, at its sole expense, shall restore all damage to property, both public and private, caused by the construction, operation, maintenance or repair of the Cable System, so as to return the damaged property to a condition as good as before the damage was done.
a. Such restoration shall be made as soon as practicable after completion of work necessitating the restoration, and shall be done in a manner reasonably approved by the owner or tenant in possession.
b. In no event shall such restoration be made later than ten days, weather permitting, after Company’s receipt of notification from the owner of the property so damaged unless otherwise mutually agreed by Company and the property owner; provided, that if any such damage involves (i) curbs, sidewalks or driveways, the damage shall be repaired to the reasonable satisfaction of Grantor (curbs and sidewalks) or the owner or tenant in possession of the property (driveways) within five days; or (ii) Streets, water-mains, storm or sanitary sewers, or other public facilities, such damage shall be repaired to the Grantor’s reasonable satisfaction within 48 hours. Notwithstanding the foregoing, in the event of damage to public property, if the Grantor notifies Company that the damage creates an emergency condition, Company shall immediately commence and complete repairs or such other work to eliminate the emergency condition to the reasonable satisfaction of Grantor. In the event that, due to the nature of the damage, and despite Company's diligence, Company cannot complete the required repairs on a timely basis, Company shall advise Grantor and Company shall not be in violation of this provision if it completes said repairs as promptly as possible acting with its best efforts. If Company fails to make such restoration on a timely basis, Grantor may fix a reasonable time for such restoration and repairs and shall notify Company in writing of the restoration and repairs required and time fixed for performance hereof. Upon failure of Company to comply within the specified time period, Grantor may cause proper restoration and repairs to be made and the reasonable expense of such work shall be paid by Company upon demand by Grantor.
Restoration of Damage. If the Leased Space is damaged by fire or other casualty, Landlord will restore the Leased Space (but not Tenant's property located therein) with reasonable promptness at Landlord's expense, except that Tenant may be liable for restoration costs under paragraph 5(e) hereof, unless the damage to the building is so extensive that Landlord determines not to restore it, in which event Landlord will so notify Tenant within sixty (60) days after the occurrence of such casualty and this Lease will thereupon terminate.
Restoration of Damage. If the Premises or the Building are damaged by fire, the elements or other casualty, Landlord shall promptly repair all damage and restore the Premises to their condition immediately prior to the occurrence of such damage including any improvements or alterations or Tenant's improvements made by Landlord or Tenant. During the period of reconstruction referred to above, rent or other sums payable by Tenant shall ratably abatx, xxsed upon the percentage of the Premises usable during reconstruction or upon the degree Tenants use of the same is impaired. The Term of the Lease shall extend one additional day for each day the Premises are not usable due to the reconstruction process. If the Premises shall be totally destroyed or the Building damaged to such extent and/or shall it be determined that more than 120 days will be required to rebuild the Premises, and/or the Building (as the case may be) both Landlord and Tenant shall have the right to terminate this Lease upon written notice to the other within 30 days of the occurrence at which time this Lease shall become null and void, and Landlord shall refund any prorated amount of prepaid rent.
