Tenantability Clause Samples

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Tenantability. In the event of any interruption of services to the Premises, including without limitation, any HVAC (as defined below), electrical, mechanical or plumbing services (hereinafter, the “Services”), which interruption is not caused by Force Majeure occurrences (as defined in Section 26.2 of the Original Lease), or by repairs or replacements in the Building that Landlord is required to perform under the terms and conditions of the Lease and other leases of the Property (hereinafter, the “Interruption”), and which Interruption continues for a period in excess of five (5) consecutive business days, all basic Monthly Rent and Additional Rent shall be abated form and after the fifth (5th) consecutive business day in proportion to the amount of the Premises rendered untenantable due to the interruption. In the event the Interruption continues for a period in excess of sixty (60) consecutive business days, Tenant may, upon written notice to Landlord, elect to terminate this Lease. In the event that the heating, ventilating and air conditioning system serving the Building (the “HVAC”) should fail to operate for any reason within the reasonable control of Landlord, Tenant shall notify Landlord in writing of such failure to operate. Landlord shall have a reasonable period of time, which in no event shall exceed thirty (30) days, to cure such failure to operate (or to commence to cure such failure to operate, if curing such failure to operate will reasonably take more than thirty (30) days.) In the event that Landlord fails (i) to cure or commence to cure such failure to operate within a reasonable time following Landlord’s receipt of Tenant’s notice, or (ii) to complete such cure within a reasonable time following Landlord’s receipt of Tenant’s notice, then Tenant may, upon further written notice to Landlord, elect to cure such failure of the HVAC to operate, and may thereafter ▇▇▇▇ Landlord for the reasonable cost of such cure; provided, however, that if Landlord responds to Tenant’s notice and informs Tenant of the nature of the HVAC problem and the probable timetable for repair or cure, Tenant may not effect any repairs to the HVAC system or cure such failure to operate and ▇▇▇▇ Landlord therefor as provided above, unless and until Landlord fails to repair the HVAC system within the time period provided for in Landlord’s response to Tenant.
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Tenantability. If during the Primary Term or any Extended Term of this Lease, the Premises or any part thereof is rendered untenantable by fire, or the elements or other casualty (excluding such as shall have resulted from the negligence of NWL), the Premises shall be restored to a tenable condition by the City. Notwithstanding the above, if the Premises cannot be restored and repaired to a tenable condition within a period of ninety (90) days, then upon written notice from either party to the other, this Lease shall be null and void as to both parties.
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Related to Tenantability

  • Subleased Premises Sublandlord does hereby sublease to Subtenant, and Subtenant does hereby sublease and rent from Sublandlord, (i) the Space and (ii) all permanent improvements within the Space constructed by Landlord or by or on behalf of Sublandlord (collectively, the “Subleased Premises”). Subtenant shall have the right to use in common with Sublandlord and others entitled thereto the common areas of the Project pursuant to the Lease. In addition, subject to the terms, covenants and conditions of this Sublease, Subtenant shall have the exclusive right to use during the Sublease Term (defined below), free of charge, the furniture, fixtures and equipment more particularly described on Schedule A annexed hereto and made a part hereof (the “Personal Property”) located in the Space. Subtenant shall have no obligation whatsoever to repair, replace or maintain the Personal Property, unless any damage thereto is caused by the negligence or willful misconduct of Subtenant. Provided that there is no change in the size of the Subleased Premises between the date of this Sublease and the Commencement Date (defined below) (e.g., there has been no change in the size of the Subleased Premises by reason of any damage or destruction to or condemnation of the Subleased Premises), the parties hereby (i) stipulate that the Space shall be deemed to contain approximately 19,997 rentable square feet upon delivery of the Space by Sublandlord to Subtenant (the “Space Measurement”), (ii) agree that neither party shall have any right to dispute the Space Measurement and (iii) waive any claim in connection with the Space Measurement, regardless of whether the Space is found to have contained more or less than 19,997 rentable square feet upon delivery of the Space to Subtenant. Sublandlord represents and warrants for the benefit of Subtenant that the rentable square footage of the Space was not remeasured pursuant to Section 4 of the Second Amendment and that Sublandlord pays Base Rental for the Space under the Lease and Tenant’s Forecast Additional Rental and Tenant’s Additional Rental for the Space under the Lease on the basis of the Space consisting of 19,997 rentable square feet.

  • DAMAGE TO LEASED PREMISES In the event the building housing the Premises shall be destroyed or damaged as a result of any fire or other casualty which is not the result of the intentional acts or neglect of Lessee and which precludes or adversely affects the Lessee’s occupancy of the Premises, then in every such cause, the rent herein set forth shall be abated or adjusted according to the extent to which the leased Premises have been rendered unfit for use and occupation by the Lessee and until the demised Premises have been put in a condition at the expense of the Lessor, at least to the extent of the value and as nearly as possible to the condition of the Premises existing immediately prior to such damage. It is understood, however, in the event of total or substantial destruction to the Premises that in no event shall the Lessor's obligation to restore, replace or rebuild exceed an amount equal to the sum of the insurance proceeds available for reconstruction with respect to said damage.

  • PREMISES DEEMED UNINHABITABLE If the Premises is deemed uninhabitable due to damage beyond reasonable repair the Tenant will be able to terminate this Agreement by written notice to the Landlord. If said damage was due to the negligence of the Tenant, the Tenant shall be liable to the Landlord for all repairs and for the loss of income due to restoring the Premises back to a livable condition in addition to any other losses that can be proved by the Landlord.

  • Condition of Leased Premises Tenant hereby acknowledges that ▇▇▇▇▇▇ has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. ▇▇▇▇▇▇ agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, ▇▇▇▇▇▇’s family or ▇▇▇▇▇▇’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted. Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

  • Condition of the Leased Property Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property “as is” in its present condition. Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Provided, however, to the extent permitted by law, Lessor hereby assigns to Lessee all of Lessor’s rights to proceed against any predecessor in title (other than any Affiliate of Lessee, which conveyed the Property to Lessor) for breaches of warranties or representations or for latent defects in the Leased Property. Lessor shall fully cooperate with Lessee in the prosecution of any such claim, in Lessor’s or Lessee’s name, all at Lessee’s sole cost and expense. Lessee hereby agrees to indemnify, defend and hold harmless Lessor from and against any claims, obligations and liabilities against or incurred by Lessor in connection with such cooperation.