Common use of Suspension of Rent Clause in Contracts

Suspension of Rent. 6.3.1 If the Premises are unfit for occupation and use because of damage by an Insured Risk then (save to the extent that payment of the loss of rent insurance moneys is refused due to the act or default of the Tenant) the Principal Rent and the Service Charge (or a fair proportion according to the nature and extent of the damage) shall be suspended until the earlier of: (i) the date on which the Premises are again fit for occupation and use; and (ii) the expiry of the loss of rent insurance period; PROVIDED THAT if the Premises or the appropriate part thereof (or access thereto within the Building) have not been reinstated in accordance with the Landlord's obligation contained in Clause 6.1.4 of this Lease so as to render the Premises fit for occupation and use within four years after the date of the damage or destruction or if earlier by the date on which the said cesser of rent shall determine ("the Relevant Date") then either party may determine this Lease by serving one month's written notice on the other (such notice to expire within two months of the Relevant Date) whereupon this Lease shall cease and determine but without prejudice to any antecedent claims and all insurance monies received by the Landlord shall belong to it absolutely. 6.3.2 If the Premises or any part thereof (or access thereto within the Building) have been damaged or destroyed by an Insured Risk so as to render the Premises incapable of beneficial use, then the Landlord will procure that the Landlord's architect will produce to the Landlord and the Tenant a report (the "Report") as soon as reasonably practicable and in any event within 90 days of the date of the damage or destruction which shall confirm whether or not the Premises can in the Landlord's architect's reasonable opinion be reinstated within four years from the date of the damage or destruction, so as to render the Premises again capable of beneficial use. If the Report does not state that in the Landlord's architect's reasonable opinion the Premises can be reinstated as expressed above, then either the Landlord or the Tenant may within two weeks from receipt of the Report terminate this Lease by giving two weeks' written notice thereafter following receipt of the Report. 6.3.3 Time shall be of the essence for the purpose of Clause 6.

Suspension of Rent. 6.3.1 5.2.1 If the Demised Premises are or any part thereof or the means of access thereto shall at any time be destroyed or so damaged by any of the Insured Risks so as to be unfit for occupation and use because and the policy or policies of damage by an Insured Risk then (save to the extent that insurance in respect thereof shall not have been vitiated or payment of the loss policy moneys refused in whole or in part in consequence of rent insurance moneys is refused due to the any act or default on the part of or suffered by the Tenant) Tenant or any sub-tenant or their respective servants agents licensees or invitees then the Principal Rent and the Service Charge (rents hereby reserved or a fair and just proportion thereof according to the nature and extent of the damage) damage sustained shall be suspended and cease to be payable until the earlier of: (i) the date on which the Premises are again fit for occupation and use; and (ii) the expiry of the loss of rent insurance period; PROVIDED THAT if the Demised Premises or the appropriate part thereof (means of access or access thereto within the Building) have not been reinstated in accordance with the Landlord's obligation contained in Clause 6.1.4 of this Lease so as to render the Premises services shall again be rendered fit for occupation and use within four years after but so that the date Tenant shall remain liable to pay any balance due in respect of the damage or rents hereby reserved for any period prior to the said destruction or damage and in case of dispute as to the proportion or period of such abatement the same shall be referred to arbitration in accordance with the Arbitration ▇▇▇ ▇▇▇▇ PROVIDED THAT if earlier by the date Demised Premises and/or the Building shall be so damaged as to necessitate demolition and reconstruction the Landlord shall be entitled on which giving to the said cesser Tenant not less than six months’ previous notice in writing to determine the Term and at the expiration of rent shall determine ("the Relevant Date") then either party may determine this Lease by serving one month's written notice on the other (such notice to expire within two months of the Relevant Date) whereupon this Lease and everything herein contained shall cease and determine be void and the Tenant shall not be liable for any dilapidations and shall not be entitled to any compensation except that (if any) payable under the provisions of the Landlord and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ but without prejudice to the rights and remedies of the Landlord for any antecedent claims and arrears of rent hereby reserved 5.2.2 Upon expiration of the notice referred to in Clause 5.2.1 or if the Landlord (whether as a result of being unable to obtain all insurance monies received by planning permissions or other requisite consents or otherwise) is unable to procure the reinstatement of the Demised Premises or if these Presents shall be frustrated or if such reinstatement cannot be effected for any other reason beyond the control of the Landlord then the Landlord shall belong to it absolutely. 6.3.2 If become the Premises or any part thereof (or access thereto within the Building) have been damaged or destroyed by an Insured Risk so as to render the Premises incapable absolute owner of beneficial use, then the Landlord will procure that the Landlord's architect will produce to the Landlord and the Tenant a report (the "Report") as soon as reasonably practicable and in any event within 90 days all of the date insurance moneys received under the policy or policies of the damage or destruction which shall confirm whether or not the Premises can in the Landlord's architect's reasonable opinion be reinstated within four years from the date of the damage or destruction, so as to render the Premises again capable of beneficial use. If the Report does not state that in the Landlord's architect's reasonable opinion the Premises can be reinstated as expressed above, then either the Landlord or the Tenant may within two weeks from receipt of the Report terminate this Lease by giving two weeks' written notice thereafter following receipt of the Report. 6.3.3 Time shall be of the essence for the purpose of insurance effected under Clause 6.4.2 hereof

Suspension of Rent. 6.3.1 If the Premises are or any part thereof shall at any time during the Term be rendered incapable of or unfit for occupation and or use because as the result of damage by an Insured Risk then (save a peril against which the Building is insured pursuant to the extent that payment covenant on the part of the loss of rent insurance moneys is refused due to Superior Landlord contained in the act or default of Superior Lease the Tenant) rents reserved and for the Principal Rent and the Service Charge (time being payable hereunder or a fair proportion of the said rents according to the nature and extent of the damage) damage sustained shall be suspended until the earlier of: (i) the date on which the Premises are shall again be rendered fit for occupation and use; and (ii) or use PROVIDED that there shall be no cesser of rents if or to such extent as any insurance policy effected by the expiry Superior Landlord or the Landlord shall have been rendered void or voidable or payment of any insurance moneys shall be properly withheld by the insurers due to some act or failure of the loss Tenant or any person deriving title under the Tenant or any of rent insurance period; the servants or agents of the Tenant or of any such person PROVIDED THAT FURTHER that if the Premises or the appropriate part thereof (or access thereto within the Building) have not been reinstated in accordance with the Landlord's obligation contained in Clause 6.1.4 of this Lease Building shall be so damaged as to render necessitate demolition and reconstruction the Premises fit for occupation Landlord shall be entitled on giving to the Tenant not less than six months' previous notice in writing to determine the Term and use within four years after at the date expiration of the damage or destruction or if earlier by the date on which the said cesser of rent shall determine ("the Relevant Date") then either party may determine this Lease by serving one month's written notice on the other (such notice to expire within two months of the Relevant Date) whereupon this Lease lease and everything herein contained shall cease and determine be void and the Tenant shall not be liable for any dilapidations and shall not be entitled to any compensation but without prejudice to the rights and remedies of the Landlord for any antecedent claims arrears of rent PROVIDED ALSO that any dispute as to the proportion (if any) of rent which should be suspended or as to the period of such suspension which may arise under this clause 5.2 shall be referred to the decision of some competent person (acting as an expert and all insurance monies received not as an arbitrator) to be agreed upon by the Landlord shall belong to it absolutely. 6.3.2 If the Premises or any part thereof (or access thereto within the Building) have been damaged or destroyed and by an Insured Risk so as to render the Premises incapable of beneficial use, then the Landlord will procure that the Landlord's architect will produce to the Landlord and the Tenant a report or (the "Report") as soon as reasonably practicable and in any event within 90 days of the date of the damage or destruction which shall confirm whether or not the Premises can in the Landlord's architect's reasonable opinion event of failure so to agree) to be reinstated within four years from nominated on the date application of the damage or destruction, so as to render the Premises again capable of beneficial use. If the Report does not state that in the Landlord's architect's reasonable opinion the Premises can be reinstated as expressed above, then either the Landlord or the Tenant may within two weeks from receipt by the President for the time being of the Report terminate this Lease by giving two weeks' written notice thereafter following receipt Royal Institution of Chartered Surveyors and the Report. 6.3.3 Time decision of such person (including any determination as to the costs of such decision) shall accordingly be of the essence for the purpose of Clause 6.final and binding

Suspension of Rent. 6.3.1 If the Premises or any part thereof (or access thereto) are unfit for occupation and use because of damage or destruction by an Insured Risk then (save to the extent that payment of the loss of rent insurance moneys is refused due to the act or default of the Tenant) the Principal Rent and the Service Charge (or a fair proportion according to the nature and extent of the damage) shall be suspended until the earlier of: (i) the date on which the Premises are again fit for occupation and use; and (ii) the expiry of the loss of rent insurance period; PROVIDED THAT if the Premises or the appropriate part thereof (or access thereto within the Buildingthereto) have has not been reinstated in accordance with the Landlord's obligation contained in Clause 6.1.4 6.1.5 of this Lease so as to render the Premises same fit for occupation and use within four years after the date of the damage or destruction or if earlier by the date on which the said cesser of rent shall determine ("the Relevant Date") then either party may determine this Lease by serving one month's written notice on the other (such notice to expire within two months of the Relevant Date) whereupon this Lease shall cease and determine but without prejudice to any antecedent claims and all insurance monies received by the Landlord shall belong to it absolutely.: 6.3.2 If the Premises or any part thereof (or the access thereto within the Buildingthereto) have been damaged or destroyed by an Insured Risk so as to render the Premises incapable of beneficial use, then the Landlord will procure that the Landlord's architect will produce to the Landlord and the Tenant a report (the "Report") as soon as reasonably practicable and in any event within 90 days of the date of the damage or destruction which shall confirm whether or not the Premises can in the Landlord's architect's reasonable opinion be reinstated within four years from the date of the damage or destruction, so as to render the Premises again capable of beneficial use. If the Report does not state that in the Landlord's architect's reasonable opinion the Premises can be reinstated as expressed above, then either the Landlord or the Tenant may within two weeks from November 11, 1998 19 receipt of the Report terminate this Lease by giving two weeks' written notice thereafter following receipt of the Report. 6.3.3 Time shall be of the essence for the purpose of Clause 6.

Suspension of Rent. 6.3.1 If 9.1 In the Premises are unfit for occupation and use because event of damage by an Insured Risk then (save to the extent that payment of the loss of rent insurance moneys is refused due to the act or default of the Tenant) the Principal Rent and the Service Charge (or a fair proportion according to the nature and extent of the damage) shall be suspended until the earlier of: (i) the date on which the Premises are again fit for occupation and use; and (ii) the expiry of the loss of rent insurance period; PROVIDED THAT if the Premises or the appropriate part thereof (or access thereto within the Building) have not been reinstated in accordance with the Landlord's obligation contained in Clause 6.1.4 of this Lease so as to render the Premises fit for occupation and use within four years after the date of the damage or destruction or if earlier by the date on which the said cesser of rent shall determine ("the Relevant Date") then either party may determine this Lease by serving one month's written notice on the other (such notice to expire within two months of the Relevant Date) whereupon this Lease shall cease and determine but without prejudice to any antecedent claims and all insurance monies received by the Landlord shall belong to it absolutely. 6.3.2 If the Premises or any part thereof (of them being rendered unsuitable for any authorised use to which Capital Letters normally puts them or are unsuitable for any use by the Sub Tenant by reason of damage to or destruction of the Building or the Premises or any part of them or the means of access thereto within the Building) have been damaged to them or destroyed any essential services or any of their contents caused by an any Insured Risk so of being rendered unfit for human habitation as set out in Section 10 of the Landlord & ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ the Rent or an appropriate proportion of the Rent shall cease to render be payable by Capital Letters (depending on the period during which the Premises incapable are unavailable for use by Capital Letters or the Sub Tenant) 9.2 For any period the Premises are unoccupied by the Sub Tenant by reasons of beneficial use, then the Landlord’s failure to carry out the Landlord’s Works or vacant in order to enable the Landlord Works to be carried out the Rent or an appropriate proportion of the Rent shall cease to be payable by Capital Letters (depending on the period during which the Premises are or will procure that be unoccupied by Capital Letters via the Landlord's architect will produce Sub Tenant). Rent not to be paid by Capital Letters pursuant to this Clause may be deducted from the Rent due or at Capital Letters’ option by requiring payment from the Landlord in which case payment shall be made within fourteen days of demand by Capital Letters. 9.3 Capital Letters shall be entitled to stop the Rent for the Premises after expiry of two weeks if the Premises are not available or not fit for subletting following a Void or due to the Landlord necessity to carry out works of maintenance and the Tenant a report (the "Report") as soon as reasonably practicable repairs and in any event within 90 days of the date of the damage or destruction which no Rent shall confirm whether or not be paid until Capital Letters is satisfied the Premises can in are fit and ready for occupation and a tenancy agreement has been signed with the Landlord's architect's reasonable opinion be reinstated within four years from the date of the damage or destruction, so as to render the Premises again capable of beneficial use. If the Report does not state that in the Landlord's architect's reasonable opinion the Premises can be reinstated as expressed above, then either the Landlord or the Tenant may within two weeks from receipt of the Report terminate this Lease by giving two weeks' written notice thereafter following receipt of the Report. 6.3.3 Time shall be of the essence for the purpose of Clause 6.Sub Tenant

Suspension of Rent. 6.3.1 If The following provisions shall apply following an Insurance Event which renders the Premises are unfit for occupation and use because or inaccessible: (A) the Principal Rent and the Service Charge, or a proper proportion according to the extent of the damage by an Insured Risk then (save or destruction, shall be suspended except to the extent that payment of the loss of rent any insurance moneys is refused are withheld due to the act or default of the Tenant) the Principal Rent and the Service Charge (or a fair proportion according to the nature and extent of the damage) shall be suspended until the earlier of: (i) the date on which the Premises are again fit for occupation and use; and (iiB) the expiry period of suspension shall be from the date of the loss of rent insurance period; PROVIDED THAT if Insurance Event until the date when the Premises are reinstated or the appropriate part thereof (or access thereto within the Building) have not been reinstated in accordance with the Landlord's obligation contained in Clause 6.1.4 of this Lease made fit so as to render the Premises fit for occupation and use within four years after and made accessible by the date of Superior Landlord under the damage Superior Lease or destruction or the Landlord under this Lease or, if earlier by earlier, the date on which the said cesser period covered by the Superior Landlord’s or the Landlord’s (as appropriate) loss of rent insurance expires provided that such suspension shall not apply to the extent that the policy or policies of insurance in respect of loss of rent shall determine ("have been invalidated and the Relevant Date") then either party may determine this Lease by serving one month's written notice on the other (such notice to expire within two months payment of the Relevant Date) whereupon this Lease shall cease and determine but without prejudice to policy monies properly refused wholly or partly as a result of some act or default of the Tenant or any antecedent claims and all insurance monies received by the Landlord shall belong to it absolutely. 6.3.2 If undertenant or occupier of the Premises or any part thereof of their respective agents licensees visitors or contractors or any person under the control of any of them; and (or access thereto within C) any dispute about the Building) have been damaged or destroyed by an Insured Risk so as to render operation of this clause 4.7 shall be submitted at the Premises incapable request of beneficial use, then the Landlord will procure that the Landlord's architect will produce to the Landlord and the Tenant a report (the "Report") as soon as reasonably practicable and in any event within 90 days of the date of the damage or destruction which shall confirm whether or not the Premises can in the Landlord's architect's reasonable opinion be reinstated within four years from the date of the damage or destruction, so as to render the Premises again capable of beneficial use. If the Report does not state that in the Landlord's architect's reasonable opinion the Premises can be reinstated as expressed above, then either the Landlord or the Tenant may within two weeks from receipt to the decision of a single arbitrator under the Arbitration ▇▇▇ ▇▇▇▇; and (D) if the Tenant shall have paid any sum comprising the Principal Rent or Service Charge in advance in respect of a period following the date of damage or destruction the Landlord shall on whichever shall be the earlier of the Report terminate this Lease by giving two weeks' written notice thereafter following receipt end of the Report. 6.3.3 Time period in respect of which the sum was paid and the date upon which the Premises are rendered fit for beneficial use as aforesaid refund (unless the insurance shall be have been vitiated by the Tenant) the same or a due proportion thereof (but excluding always any Insurance Rent, Service Charge, Energy Charge or other items of expenditure) according to the essence length of time and the extent to which the Premises are unfit for occupation or use for the purpose of Clause 6use permitted by this Lease.

Suspension of Rent. 6.3.1 If the Premises are shall at any time during the tenancy be destroyed or damaged or become inaccessible or become subject to a Closure Order or Demolition Order due or owing to fire water storm wind typhoon defective construction white ants earthquake subsidence of the ground or any calamity beyond the control of the Landlord and not attributable to any failure of the Tenant to observe and carry out the terms of this Agreement so as to render the Premises unfit for occupation habitation and use because or inaccessible or so that the Premises or the Building shall be condemned as a dangerous structure and the policy or policies of damage insurance effected by an Insured Risk then (save to the extent that Landlord shall not have been vitiated or payment of the loss policy moneys refused in whole or part in consequence of rent insurance moneys is refused due to the any act or default of the Tenant) , then the Principal Rent and the Service Charge (rent hereby reserved or a fair proportion of the rent according to the nature and extent of the damage) shall damage sustained or order made shall, after the day when the Premises being rendered inaccessible, be suspended until the earlier of: (i) Premises shall again be rendered accessible and fit for habitation and use Provided always that the date on which Landlord shall not be under any obligation to reinstate the Premises are again fit for occupation so affected as aforesaid and use; and (ii) the expiry of the loss of rent insurance period; PROVIDED THAT if Provided further that should the Premises or the appropriate part thereof (or access thereto within the Building) not have not been reinstated in accordance with the Landlord's obligation contained in Clause 6.1.4 of this Lease so as to render the Premises fit for occupation and use within four years after the date of the damage or destruction or if earlier by the date on which the said cesser of rent shall determine ("the Relevant Date") then either party may determine this Lease by serving one month's written notice on the other (such notice to expire within two months of the Relevant Date) whereupon this Lease shall cease and determine but without prejudice to any antecedent claims and all insurance monies received by the Landlord shall belong to it absolutely. 6.3.2 If the Premises or any part thereof (or access thereto within the Building) have been damaged or destroyed by an Insured Risk so as to render the Premises incapable of beneficial use, then the Landlord will procure that the Landlord's architect will produce to the Landlord and the Tenant a report (the "Report") as soon as reasonably practicable and in any event within 90 days of the date of the damage or destruction which shall confirm whether or not the Premises can in the Landlord's architect's reasonable opinion be reinstated within four years from the date of the damage or destruction, so as to render the Premises again capable of beneficial use. If the Report does not state that in the Landlord's architect's reasonable opinion the Premises can be reinstated as expressed above, then meantime either the Landlord or the Tenant may within two weeks at any time after three months from receipt the occurrence of such damage or destruction or order give to the other a notice in writing to determine this Agreement and thereupon the same and everything herein contained shall cease and be void as from the date of the Report terminate this Lease by giving two weeks' written notice thereafter following receipt occurrence of such destruction or damage or order or of the Report. 6.3.3 Time Premises becoming dangerous but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of the agreements stipulations terms and conditions herein contained or of the Landlord in respect of the rent payable hereunder prior to the coming into effect of the suspension PROVIDED FURTHER that the Landlord shall not in any event be liable to pay compensation or damages to the Tenant in respect of any period during which the occupation or use of the Premises shall be interrupted or unavailable as aforesaid or in respect of the essence for determination of the purpose tenancy as aforesaid and that the Tenant shall not in any event have any claim, interest, right or property, all of Clause 6which are hereby expressly waived and forfeited, of and in any compensation or award payable by any relevant authority in respect of the interruption or cessation of use or occupation of the Premises or the determination of the tenancy in respect thereof.

Suspension of Rent. 6.3.1 Suspension of rent in case of fire etc. 7.01 If the Premises are or the Building or any part thereof shall at any time during the Term be destroyed or damaged or become inaccessible owing to fire water storm typhoon defective construction white ants earthquake subsidence of the ground or any calamity beyond the control of the Landlord or the Tenant so as to render the Premises unfit for occupation commercial use or inaccessible and use because the policy or policies of damage insurance for such risk effected by an Insured Risk then (save to the extent that Landlord shall not have been vitiated or payment of the loss policy moneys refused in whole or in part in consequence of rent insurance moneys is refused due to the any act or default of the Tenant) Tenant or if at any time the Principal Rent Premises shall be condemned as a dangerous structure or a demolition order or closing order shall become operative in respect of the Premises then the rent and the Service Charge (other charges hereby reserved or a fair proportion thereof according to the nature and extent of the damage) damage sustained or order made shall be suspended suspended, rent and other charges paid in advance in respect of the current month being refunded, until the earlier of: (i) Premises shall again be rendered accessible and fit for commercial use PROVIDED THAT in circumstances when the date on which whole or substantially the whole of the Premises are again fit have been rendered inaccessible or unfit for occupation commercial use and use; and (ii) the expiry of the loss of rent insurance period; PROVIDED THAT if should the Premises or the appropriate part thereof (or access thereto within the Building) not have not been reinstated in accordance with the Landlord's obligation contained in Clause 6.1.4 of this Lease so as to render the Premises fit for occupation and use within four years after the date of the damage or destruction or if earlier by the date on which the said cesser of rent shall determine ("the Relevant Date") then either party may determine this Lease by serving one month's written notice on the other (such notice to expire within two months of the Relevant Date) whereupon this Lease shall cease and determine but without prejudice to any antecedent claims and all insurance monies received by the Landlord shall belong to it absolutely. 6.3.2 If the Premises or any part thereof (or access thereto within the Building) have been damaged or destroyed by an Insured Risk so as to render the Premises incapable of beneficial use, then the Landlord will procure that the Landlord's architect will produce to the Landlord and the Tenant a report (the "Report") as soon as reasonably practicable and in any event within 90 days of the date of the damage or destruction which shall confirm whether or not the Premises can in the Landlord's architect's reasonable opinion be reinstated within four years from the date of the damage or destruction, so as to render the Premises again capable of beneficial use. If the Report does not state that in the Landlord's architect's reasonable opinion the Premises can be reinstated as expressed above, then meantime either the Landlord or the Tenant may within two weeks at any time after six months from receipt the occurrence of such damage or destruction or order give to the other of them notice in writing to determine this Agreement and thereupon the same and everything herein contained shall cease and be void as from the date of the Report terminate this Lease by giving two weeks' written notice thereafter following receipt occurrence of such destruction or damage or order or of the Report. 6.3.3 Time shall be Premises becoming inaccessible or unfit for commercial use but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of the essence for agreements stipulations terms and conditions herein contained or of the purpose Landlord in respect of Clause 6the rent payable hereunder prior to the coming into effect of the suspension.

Suspension of Rent. 6.3.1 If The following provisions shall apply following an Insurance Event which renders the Premises are unfit for occupation and use because or inaccessible: (A) the Principal Rent and the Service Charge, or a proper proportion according to the extent of the damage by an Insured Risk then (save or destruction, shall be suspended except to the extent that payment of the loss of rent any insurance moneys is refused are withheld due to the act or default of the Tenant) the Principal Rent and the Service Charge (or a fair proportion according to the nature and extent of the damage) shall be suspended until the earlier of: (i) the date on which the Premises are again fit for occupation and use; and (iiB) the expiry period of suspension shall be from the date of the loss of rent insurance period; PROVIDED THAT if Insurance Event until the date when the Premises are reinstated or the appropriate part thereof (or access thereto within the Building) have not been reinstated in accordance with the Landlord's obligation contained in Clause 6.1.4 of this Lease made fit so as to render the Premises fit for occupation and use within four years after and made accessible by the date of Superior Landlord under the damage Superior Lease or destruction or the Landlord under this Lease or, if earlier by earlier, the date on which the said cesser period covered by the Superior Landlord's or the Landlord's (as appropriate) loss of rent insurance expires provided that such suspension shall not apply to the extent that the policy or policies of insurance in respect of loss of rent shall determine ("have been invalidated and the Relevant Date") then either party may determine this Lease by serving one month's written notice on the other (such notice to expire within two months payment of the Relevant Date) whereupon this Lease shall cease and determine but without prejudice to policy monies properly refused wholly or partly as a result of some act or default of the Tenant or any antecedent claims and all insurance monies received by the Landlord shall belong to it absolutely. 6.3.2 If undertenant or occupier of the Premises or any part thereof of their respective agents licensees visitors or contractors or any person under the control of any of them; and (or access thereto within C) any dispute about the Building) have been damaged or destroyed by an Insured Risk so as to render operation of this clause 4.7 shall be submitted at the Premises incapable request of beneficial use, then the Landlord will procure that the Landlord's architect will produce to the Landlord and the Tenant a report (the "Report") as soon as reasonably practicable and in any event within 90 days of the date of the damage or destruction which shall confirm whether or not the Premises can in the Landlord's architect's reasonable opinion be reinstated within four years from the date of the damage or destruction, so as to render the Premises again capable of beneficial use. If the Report does not state that in the Landlord's architect's reasonable opinion the Premises can be reinstated as expressed above, then either the Landlord or the Tenant may within two weeks from receipt to the decision of a single arbitrator under the Arbitration A▇▇ ▇▇▇▇; and (D) if the Tenant shall have paid any sum comprising the Principal Rent or Service Charge in advance in respect of a period following the date of damage or destruction the Landlord shall on whichever shall be the earlier of the Report terminate this Lease by giving two weeks' written notice thereafter following receipt end of the Report. 6.3.3 Time period in respect of which the sum was paid and the date upon which the Premises are rendered fit for beneficial use as aforesaid refund (unless the insurance shall have been vitiated by the Tenant) the same or a due proportion thereof (but excluding always any Insurance Rent, Service Charge, Energy Charge or other sums used or to be used by the Landlord to pay for insurance, services or other items of expenditure) according to the essence length of time and the extent to which the Premises are unfit for occupation or use for the purpose of Clause 6use pennitted by this Lease.

Suspension of Rent. 6.3.1 (a) If and whenever during the Premises are unfit for occupation and use because of damage by an Insured Risk then (save to the extent that payment of the loss of rent insurance moneys is refused due to the act or default of the Tenant) the Principal Rent and the Service Charge (or a fair proportion according to the nature and extent of the damage) shall be suspended until the earlier ofTerm: (i) the date Demised Premises or any part of them or any accessway or services are damaged or destroyed by any of the Insured Risks (except one against which insurance may not ordinarily be arranged with an insurer of repute for properties such as the Demised Premises unless the Landlord has in fact insured against the risk) so that the Demised Premises or any part of them are unfit for occupation or use or any of the Estate Roads or the Conducting Media in on which under or over the Adjoining Property that serve the Demised Premises are again fit damaged or destroyed so that the Demised Premises or any part of them are unfit for immediate occupation and use; or use and (ii) the expiry payment of the loss insurance money is not refused in whole or in part by reason of rent insurance period; PROVIDED THAT if any act or default of the Tenant or anyone at the Demised Premises expressly or by implication with the Tenant’s authority the provisions of paragraph 5(b) shall have effect (b) When the circumstances contemplated in paragraph 5(a) arise the Rents and the Service Charge or a fair and proper proportion of the Rents and the Service Charge according to the nature and the extent of the damage sustained shall cease to be payable until the Demised Premises or the appropriate affected parts or the Estate Roads or Conducting Media shall have been rebuilt or reinstated so that the Demised Premises or the affected part thereof (or access thereto within the Building) have not been reinstated in accordance with the Landlord's obligation contained in Clause 6.1.4 of this Lease so as to render the Premises are made fit for immediate occupation and or use within four years after the date of the damage or destruction or if earlier by the date on which Tenant or until the said cesser expiration of rent shall determine ("the Relevant Date") then either party may determine this Lease by serving one month's written notice on the other (such notice to expire within two months of the Relevant Date) whereupon this Lease shall cease and determine but without prejudice to any antecedent claims and all insurance monies received by the Landlord shall belong to it absolutely. 6.3.2 If the Premises or any part thereof (or access thereto within the Building) have been damaged or destroyed by an Insured Risk so as to render the Premises incapable of beneficial use, then the Landlord will procure that the Landlord's architect will produce to the Landlord and the Tenant a report (the "Report") as soon as reasonably practicable and in any event within 90 days of the date of the damage or destruction which shall confirm whether or not the Premises can in the Landlord's architect's reasonable opinion be reinstated within four three years from the date destruction or damage whichever period is the shorter (the amount of such proportion and the damage or destruction, so period during which the Rents and Service Charge shall cease to be payable to be determined by the Surveyor acting as to render the Premises again capable of beneficial use. If the Report does an expert and not state that in the Landlord's architect's reasonable opinion the Premises can be reinstated as expressed above, then either the Landlord or the Tenant may within two weeks from receipt of the Report terminate this Lease by giving two weeks' written notice thereafter following receipt of the Report. 6.3.3 Time shall be of the essence for the purpose of Clause 6.an arbitrator)

Suspension of Rent. 6.3.1 Suspension of 7.01 If the Premises are or the Building or any part thereof Rent in case of shall at any time during the Term be destroyed or damaged or fire etc. become inaccessible owing to fire water storm typhoon defective construction white ants earthquake subsidence of the ground or any calamity beyond the control of the Landlord or the Tenant so as to render the Premises or any part thereof unfit for occupation commercial use or inaccessible and use because the policy or policies of damage insurance for such risk effected by an Insured Risk then (save to the extent that Landlord shall not have been vitiated or payment of the loss policy moneys refused in whole or in part in consequence of rent insurance moneys is refused due to the any act or default of the Tenant) Tenant or if at any time during the Principal Rent continuance of this tenancy the Premises shall be condemned as a dangerous structure or a demolition order or closing order shall become operative in respect of the Premises or any part thereof then the rent and the Service Charge (other charges hereby reserved or a fair proportion thereof according to the nature and extent of the damage) damage sustained or order made shall be suspended suspended, rent and other charges paid in advance in respect of the current month being refunded, until the earlier of: (i) Premises shall again be rendered accessible and fit for commercial use PROVIDED THAT in circumstances when the date on which whole or substantially the whole of the Premises are again fit have been rendered inaccessible or unfit for occupation commercial use and use; and (ii) the expiry of the loss of rent insurance period; PROVIDED THAT if should the Premises or the appropriate part thereof (or access thereto within the Building) not have not been reinstated in accordance with the Landlord's obligation contained in Clause 6.1.4 of this Lease so as to render the Premises fit for occupation and use within four years after the date of the damage or destruction or if earlier by the date on which the said cesser of rent shall determine ("the Relevant Date") then either party may determine this Lease by serving one month's written notice on the other (such notice to expire within two months of the Relevant Date) whereupon this Lease shall cease and determine but without prejudice to any antecedent claims and all insurance monies received by the Landlord shall belong to it absolutely. 6.3.2 If the Premises or any part thereof (or access thereto within the Building) have been damaged or destroyed by an Insured Risk so as to render the Premises incapable of beneficial use, then the Landlord will procure that the Landlord's architect will produce to the Landlord and the Tenant a report (the "Report") as soon as reasonably practicable and in any event within 90 days of the date of the damage or destruction which shall confirm whether or not the Premises can in the Landlord's architect's reasonable opinion be reinstated within four years from the date of the damage or destruction, so as to render the Premises again capable of beneficial use. If the Report does not state that in the Landlord's architect's reasonable opinion the Premises can be reinstated as expressed above, then meantime either the Landlord or the Tenant may within at any time after two weeks months from receipt the occurrence of such damage or destruction or order give to the other of them notice in writing to determine this Lease and thereupon the same and everything herein contained shall cease and be void as from the date of the Report terminate this Lease by giving two weeks' written notice thereafter following receipt occurrence of such destruction or damage or order or of the Report. 6.3.3 Time shall be Premises or any part thereof becoming inaccessible or unfit for commercial use but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of the essence for agreements stipulations terms and conditions herein contained or of the purpose Landlord in respect of Clause 6the rent payable hereunder prior to the coming into effect of the suspension.