Common use of Suspension of Rent Clause in Contracts

Suspension of Rent. 3. If during the Term the Demised Premises or the access thereto shall be destroyed or so damaged by any of the Insured Risks as to render the Demised Premises unfit for occupation or use or the Common Parts shall be destroyed or so damaged by any of the Insured Risks that no reasonable access is available to the Demised Premises then (provided the insurance of the Demised Premises or the Landlord’s Premises or for loss of any rent reserved by this Lease shall not have been vitiated or payment of the policy moneys refused in whole or in part as a consequence of any act or default of the Tenant or any undertenant or their respective servants agents licensees or visitors and subject to the payment by the Tenant to the Landlord of an amount equal to any applicable excess under the relevant policy of insurance) the Basic Rent and the Service Charge or a fair and just proportion thereof according to the nature and extent of the damage shall be suspended as from the date of such destruction or damage until the period for which the Landlord has insured loss of Basic Rent for the Demised Premises has expired or until the Demised Premises and the means of access thereto have been rebuilt or reinstated so as to be fit for the Tenant’s occupation and use (whichever is the shorter period) and any dispute as to the extent proportion or period of such suspension shall be determined by a single arbitrator to be appointed by the Landlord and the Tenant or (if they cannot agree on such appointment) by the President or other the acting chief officer for the time being of the Royal Institution of Chartered Surveyors in accordance with the Arbitration Xxx 0000 Determination on destruction

Appears in 3 contracts

Samples: Cambridge Display Technology, Inc., Cambridge Display Technology, Inc., Cambridge Display Technology, Inc.

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Suspension of Rent. 3. 3.1 If during the Term the Demised Premises or the access thereto shall be destroyed or so damaged by any of the Insured Risks as to render the Demised Premises be unfit for occupation or and use or the Common Parts shall be destroyed or so damaged by any of the Insured Risks that no reasonable access is available to the Demised Premises then (provided the Tenant shall have duly carried out its obligations under clause 2.2 of this Lease and the insurance of the Demised Premises or the Landlord’s Premises or for loss of any rent reserved by this Lease shall not have been vitiated or payment of the policy moneys refused in whole or in part as a consequence of any act or default of the Tenant or any undertenant or their respective servants agents licensees or visitors and subject to the payment by the Tenant to the Landlord of an amount equal to any applicable excess under the relevant policy of insurance) the Basic Rent and the Service Charge or a fair and just proportion thereof according to the nature and extent of the damage shall be suspended as from the date of such destruction or damage until the period for which the Landlord has insured loss of Basic Rent for the Demised Premises has expired or until the Demised Premises and the means of access thereto have been rebuilt or reinstated so as to be fit for the Tenant’s occupation and use (whichever is the shorter period) and any dispute as to the extent proportion or period of such suspension shall be determined by a single arbitrator to be appointed by the Landlord and the Tenant or (if they cannot agree on such appointment) by the President or other the acting chief officer for the time being of the Royal Institution of Chartered Surveyors in accordance with the Arbitration Xxx 0000 Determination on destruction0000.

Appears in 2 contracts

Samples: Bluearc Corp, Bluearc Corp

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