Common use of Termination or Abatement after Damage Clause in Contracts

Termination or Abatement after Damage. ‌ (a) If, by any cause:‌ (i) the Premises are destroyed or damaged; or (ii) reasonable access to the Premises is prevented by damage to the [●] Building, and, in the Landlord’s opinion reasonably arrived at, written notice of which may be given to the Tenant within sixty (60) days after the occurrence of such damage or destruction, such damage or destruction cannot be repaired or rebuilt or reasonable access to the Premises restored within one hundred eighty (180) days after such damage or destruction, or if there is damage not within the definition of Insured Damage, the cost of repair of which would exceed $50,000.00, then the Landlord may, at its option, terminate this Lease by notice to the Tenant within ten (10) days after the giving of the Landlord’s written notice aforesaid, and the Tenant shall immediately thereupon surrender the Premises and this Lease to the Landlord and Rent shall be apportioned to the date of such destruction or damage (subject to the payment of Rent from the date of such destruction or damage to the date of surrender in the same proportion that the part of the Gross Rentable Area of the Premises fit for occupancy by the Tenant and to which the Tenant has reasonable access until such surrender is of the total Gross Rentable Area of the Premises). (b) If and whenever the Premises are destroyed or damaged by reason of any cause, or damage to the [●] Building has precluded reasonable access to the Premises, and this Lease shall not have been terminated if and as permitted by Section 9.4(a), the Landlord shall, with all reasonable diligence, make the repairs specified in Section 9.1 but only to the extent of insurance proceeds actually received in respect thereto and the Tenant shall make all repairs to the Premises specified in Section 9.2 and complete the Premises for occupancy for the purpose described in Section 7.1 and in compliance with Section 7.5 and if as a result of any destruction or damage to the Premises or the [●] Building which the Landlord is obligated to repair pursuant to Section 9.1, and which does not consist of merely a temporary interruption of or interference with any utility, service or access, the Premises are rendered in whole or in part unfit for occupancy by the Tenant or there is no reasonable access thereto, then during the period commencing on the occurrence of such destruction or damage and ending upon the earlier of: (i) the date when both the repairs to the Premises and the [●] Building which the Landlord is obligated to make as aforesaid are completed sufficiently to enable the Tenant reasonable use of and access to the Premises and/or to commence its repairs, and the Tenant has been allowed a reasonable period of time which is sufficient for the completion by it of the repairs it is obliged to make as aforesaid with due diligence; and (ii) the date upon which no insurance proceeds are available to the Landlord under its loss of rental income insurance coverage in respect of the Premises (other than by reason of the Landlord not carrying the insurance as set out in Section 10.1); Rent shall from time to time xxxxx in the same proportion that the part of the Gross Rentable Area of the Premises from time to time rendered unfit for such occupancy, or to which no reasonable access was available, by reason of such destruction or damage is of the total Gross Rentable Area of the Premises.

Termination or Abatement after Damage. ‌ (a) If, by any cause:‌ (i) If and whenever the Premises are destroyed or damaged; or (ii) reasonable access damaged by any cause to the Premises is prevented by damage to the [●] Building, andextent that, in the Landlord’s 's reasonable opinion reasonably arrived at, written notice of which may to be given in writing to the Tenant within sixty (60) 60 days after the occurrence of such damage or destruction, such damage or destruction cannot they are unable to be repaired or rebuilt or reasonable access to the Premises restored within one hundred eighty (180) 180 days after such damage destruction or destruction, or if there is damage not within the definition of Insured Damage, the cost of repair of which would exceed $50,000.00damage, then either the Landlord may, at its option, or the Tenant may terminate this Lease by notice to the Tenant other, to be given within ten (10) 30 days after the giving of the Landlord’s 's written notice aforesaidopinion above referred to, and the Tenant shall immediately thereupon surrender the Premises and this Lease to the Landlord and Rent shall be apportioned to the date of such destruction or damage (subject to the payment of Rent from the date of such destruction or damage to the date of surrender in the same proportion that the part of the Gross Rentable Area occupiable area of the Premises fit for occupancy by the Tenant and to which the Tenant has reasonable access until such surrender is of to the total Gross Rentable Area occupiable area of the Premises). (b) If and whenever all or any portion of the Building is destroyed or damaged by reason of any cause (whether or not such portion includes all or any part of the Premises) to such extent that: (i) in the Landlord's reasonable opinion to be given to the Tenant in writing within 60 days after the occurrence of such damage or destruction, it is unable to be repaired or rebuilt within 180 days after such destruction or damage; or (ii) the estimated cost (as estimated by the Landlord) of repairing or rebuilding the Building exceeds the proceeds of insurance available to the Landlord for such purpose (or which would have been available if the Landlord had insured in compliance with section 10.1); the Landlord may terminate this Lease upon not less than 30 days' prior written notice to the Tenant, given within 60 days after the happening of such destruction or damage, and the Tenant shall immediately thereupon surrender the Premises and this Lease to the Landlord; and (iii) if and to the extent that such destruction or damage has rendered the Premises in whole or in part unfit for occupancy by the Tenant, Rent shall xxxxx from the date of such destruction or damage to the date of surrender in the same proportion that the part of the occupiable area of the Premises unfit for occupancy is to the total occupiable area of the Premises; and (iv) otherwise Rent shall be apportioned to the date of surrender. (c) If and whenever the Premises are destroyed or damaged by reason of any cause, or damage to the [●] Building has precluded reasonable access to the Premises, cause and this Lease shall not have been terminated if and as permitted by Section 9.4(a)terminated, the Landlord shall, with all reasonable diligence, make the repairs specified in Section section 9.1 but only to the extent of insurance proceeds actually received in respect thereto and the Tenant shall shall, with all reasonable diligence and in compliance with section 8.1, make all repairs to the Premises specified in Section section 9.2 and complete the Premises for occupancy for the purpose described in Section section 7.1 and in compliance with Section 7.5 and if subsection 7.5(b). If as a result of any destruction or damage to the Premises or the [●] Building which the Landlord is obligated to repair pursuant to Section section 9.1, and which is not the fault of the Tenant or those for whom it is in law responsible and which does not consist of merely a temporary interruption of or interference with any utility, service or access, the Premises are rendered in whole or in part unfit for occupancy by the Tenant or there is no reasonable access theretoTenant, then during the period commencing on the occurrence of such destruction or damage and ending upon the earlier of: (i) the date when both the repairs to the Premises and the [●] Building which the Landlord is obligated to make as aforesaid are completed sufficiently to enable the Tenant reasonable use of and access to the Premises and/or to commence its repairs, and the Tenant has been allowed a reasonable period of time which is sufficient for the completion by it of the repairs it is obliged obligated to make as aforesaid with due diligence; and (ii) the date upon which no insurance proceeds are available to the Landlord under its loss of rental income insurance coverage in respect of the Premises (other than by reason of the Landlord not carrying the insurance as set out in Section section 10.1); Rent shall from time to time xxxxx in the same proportion that the part of the Gross Rentable Area occupiable area of the Premises from time to time rendered unfit for such occupancy, or to which no reasonable access was available, occupancy by reason of such destruction or damage is of to the total Gross Rentable Area occupiable area of the Premises.

Termination or Abatement after Damage. ‌ (a) If, by any cause:‌ (i) If and whenever the Premises are destroyed or damaged; or (ii) reasonable access damaged by any cause to the Premises is prevented by damage to the [●] Building, andextent that, in the Landlord’s reasonable opinion reasonably arrived at, written notice of which may to be given in writing to the Tenant within sixty (60) days after the occurrence of such damage or destruction, such damage or destruction cannot they are unable to be repaired or rebuilt or reasonable access to the Premises restored within one hundred and eighty (180) days after such damage destruction or destruction, or if there is damage not within the definition of Insured Damage, the cost of repair of which would exceed $50,000.00damage, then either the Landlord may, at its option, or the Tenant may terminate this Lease by notice to the Tenant other, to be given within ten thirty (1030) days after the giving of the Landlord’s written notice aforesaidopinion above referred to, and the Tenant shall immediately thereupon surrender the Premises and this Lease to the Landlord and Rent shall be apportioned to the date of such destruction or damage (subject to the payment of Rent from the date of such destruction or damage to the date of surrender in the same proportion that the part of the Gross Rentable Usable Area of the Premises fit for occupancy by the Tenant and to which the Tenant has reasonable access until such surrender is of the total Gross Rentable Usable Area of the Premises). (b) If and whenever all or any portion of the Building is destroyed or damaged by reason of any cause (whether or not such portion includes all or any part of the Building) to such extent that: (i) in the Landlord’s reasonable opinion to be given to the Tenant in writing within sixty (60) days after the occurrence of such damage or destruction, it is unable to be repaired or rebuilt within one hundred and eighty (180) days after such destruction or damage; or (ii) the estimated cost (as estimated by the Landlord) of repairing or rebuilding the Premises exceeds the proceeds of insurance available to the Landlord for such purpose (or which would have been available if the Landlord had insured in compliance with Section 10.1), the Landlord may terminate this Lease upon not less than thirty (30) days’ prior written notice to the Tenant, given within sixty (60) days after the happening of such destruction or damage, and the Tenant shall immediately thereupon surrender the Premises and this Lease to the Landlord; and (iii) if and to the extent that such destruction or damage has rendered the Premises in whole or in part unfit for occupancy by the Tenant, Rent shall xxxxx from the date of such destruction or damage to the date of surrender in the same proportion that the part of the Usable Area of the Premises unfit for occupancy is of the total Usable Area of the Premises; and (iv) otherwise Rent shall be apportioned to the date of surrender. (c) If and whenever the Premises are destroyed or damaged by reason of any cause, or damage to the [●] Building has precluded reasonable access to the Premises, cause and this Lease shall not have been terminated if and as permitted by Section 9.4(a)terminated, the Landlord shall, with all reasonable diligence, make the repairs specified in Section 9.1 but only to the extent of insurance proceeds actually received in respect thereto and the Tenant shall shall, with all reasonable diligence and in compliance with Section 8.1, make all repairs to the Premises specified in Section 9.2 and complete the Premises for occupancy for the purpose described in Section 7.1 and in compliance with Section 7.5 and if subsection 7.4(b). If as a result of any destruction or damage to the Premises or the [●] Building which the Landlord is obligated to repair pursuant to Section 9.1, and which is not the fault of the Tenant or those for whom it is at law responsible and which does not consist of merely a temporary interruption of or interference with any utility, service or access, the Premises are rendered in whole or in part unfit for occupancy by the Tenant or there is no reasonable access theretoTenant, then during the period commencing on the occurrence of such destruction or damage and ending upon the earlier of: (i) the date when both the repairs to the Premises and the [●] Building which the Landlord is obligated to make as aforesaid are completed sufficiently to enable the Tenant reasonable use of and access to the Premises and/or to commence its repairs, and the Tenant has been allowed a reasonable period of time which is sufficient for the completion by it of the repairs it is obliged obligated to make as aforesaid with due diligence; and (ii) the date upon which no insurance proceeds are available to the Landlord under its loss of rental income insurance coverage in respect of the Premises (other than by reason of the Landlord not carrying the insurance as set out in Section 10.1); . Rent shall from time to time xxxxx in the same proportion that the part of the Gross Rentable Usable Area of the Premises from time to time rendered unfit for such occupancy, or to which no reasonable access was available, occupancy by reason of such destruction or damage is of the total Gross Rentable Usable Area of the Premises.

Termination or Abatement after Damage. ‌ (a) If, by any cause:‌ (i) If and whenever the Premises are destroyed or damaged; or (ii) reasonable access damaged by any cause to the Premises is prevented by damage to the [●] Building, andextent that, in the reasonable opinion of Landlord’s opinion reasonably arrived at, written notice of which may independent and duly qualified architect (the “Architect”) to be given in writing to the Tenant within sixty (60) 60 days after the occurrence of such damage or destruction, such damage or destruction cannot they are unable to be repaired or rebuilt or reasonable access to the Premises restored within one hundred eighty (180) 180 days after such damage destruction or destruction, or if there is damage not within the definition of Insured Damage, the cost of repair of which would exceed $50,000.00damage, then either the Landlord may, at its option, or the Tenant may terminate this Lease by notice to the Tenant other, to be given within ten (10) 30 days after the giving of the LandlordArchitect’s written notice aforesaidopinion above referred to, and the Tenant shall immediately thereupon surrender the Premises and this Lease to the Landlord and Rent shall be apportioned to the date of such destruction or damage (subject to the payment of Rent from the date of such destruction or damage to the date of surrender in the same proportion that the part of the Gross Net Rentable Area of the Premises fit for occupancy by the Tenant and to which the Tenant has reasonable access until such surrender is of the total Gross Net Rentable Area of the Premises). (b) If and whenever all or any substantial portion of the Building is destroyed or damaged by reason of any cause (whether or not such portion includes all or any part of the Premises) to such extent that: (i) in the Architect’s reasonable opinion to be given to the Tenant in writing within 60 days after the occurrence of such damage or destruction, it is unable to be repaired or rebuilt within 180 days after such destruction or damage; or (ii) the estimated cost (as estimated by the Architect) of repairing or rebuilding the Development exceeds the proceeds of insurance available to the Landlord for such purpose (or which would have been available if the Landlord had insured in compliance with Section 10.1), the Landlord may terminate this Lease upon not less than 30 days’ prior written notice to the Tenant given within 90 days after the happening of such destruction or damage and the Tenant shall immediately thereupon surrender the Premises and this Lease to the Landlord; (iii) if and to the extent that such destruction or damage has rendered the Premises in whole or in part unfit for occupancy by the Tenant, Rent shall axxxx from the date of such destruction or damage to the date of surrender in the same proportion that the part of the Net Rentable Area of the Premises unfit for occupancy is of the total Net Rentable Area of the Premises; and (iv) otherwise Rent shall be apportioned to the date of surrender. (c) If and whenever the Premises are destroyed or damaged by reason of any cause, or damage to the [●] Building has precluded reasonable access to the Premises, cause and this Lease shall not have been terminated if and as permitted by Section 9.4(a)terminated, the Landlord shall, with all reasonable diligence, make the repairs specified in Section 9.1 but only to the extent of insurance proceeds actually received in respect thereto and the Tenant shall shall, with all reasonable diligence and in compliance with Section 8.1, make all repairs to the Premises specified in Section 9.2 and complete the Premises for occupancy for the purpose described in Section 7.1 and in compliance with Section 7.5 and if 7.5(b). If as a result of any destruction or damage to the Premises or the [●] Building which the Landlord is obligated to repair pursuant to Section 9.1, and which does not consist of merely a temporary interruption of or interference with any utility, service or access, the Premises are rendered in whole or in part unfit for occupancy by the Tenant or there is no reasonable access thereto, then during the period commencing on the occurrence of such destruction or damage and ending upon the earlier of: (i) the date when both the repairs to the Premises and the [●] Building which the Landlord is obligated to make as aforesaid are completed sufficiently to enable the Tenant reasonable use of and access to the Premises and/or to commence its repairs, repairs and the Tenant has been allowed a reasonable period of time which is sufficient for the completion by it of the repairs it is obliged obligated to make as aforesaid with due diligence; and (ii) the date upon which no insurance proceeds are available to the Landlord under its loss of rental income insurance coverage in respect of the Premises (other than by reason of the Landlord not carrying the insurance as set out in Section 10.1); , Rent shall from time to time xxxxx axxxx in the same proportion that the part of the Gross Net Rentable Area of the Premises from time to time rendered unfit for such occupancy, or to which no reasonable access was available, occupancy by reason of such destruction or damage is of the total Gross Net Rentable Area of the Premises.

Termination or Abatement after Damage. ‌ (a) If, by any cause:‌cause: (i) the Premises are destroyed or damaged; or (ii) reasonable access to the Premises is prevented by damage to the [●] Building, and, in the Landlord’s opinion reasonably arrived at, written notice of which may be given to the Tenant within sixty (60) days after the occurrence of such damage or destruction, such damage or destruction cannot be repaired or rebuilt or reasonable access to the Premises restored within one hundred eighty (180) days after such damage or destruction, or if there is damage not within the definition of Insured Damage, the cost of repair of which would exceed $50,000.00, then the Landlord may, at its option, terminate this Lease by notice to the Tenant within ten (10) days after the giving of the Landlord’s written notice aforesaid, and the Tenant shall immediately thereupon surrender the Premises and this Lease to the Landlord and Rent shall be apportioned to the date of such destruction or damage (subject to the payment of Rent from the date of such destruction or damage to the date of surrender in the same proportion that the part of the Gross Rentable Area of the Premises fit for occupancy by the Tenant and to which the Tenant has reasonable access until such surrender is of the total Gross Rentable Area of the Premises). (b) If and whenever the Premises are destroyed or damaged by reason of any cause, or damage to the [●] Building has precluded reasonable access to the Premises, and this Lease shall not have been terminated if and as permitted by Section 9.4(a), the Landlord shall, with all reasonable diligence, make the repairs specified in Section 9.1 but only to the extent of insurance proceeds actually received in respect thereto and the Tenant shall make all repairs to the Premises specified in Section 9.2 and complete the Premises for occupancy for the purpose described in Section 7.1 and in compliance with Section 7.5 and if as a result of any destruction or damage to the Premises or the [●] Building which the Landlord is obligated to repair pursuant to Section 9.1, and which does not consist of merely a temporary interruption of or interference with any utility, service or access, the Premises are rendered in whole or in part unfit for occupancy by the Tenant or there is no reasonable access thereto, then during the period commencing on the occurrence of such destruction or damage and ending upon the earlier of: (i) the date when both the repairs to the Premises and the [●] Building which the Landlord is obligated to make as aforesaid are completed sufficiently to enable the Tenant reasonable use of and access to the Premises and/or to commence its repairs, and the Tenant has been allowed a reasonable period of time which is sufficient for the completion by it of the repairs it is obliged to make as aforesaid with due diligence; and (ii) the date upon which no insurance proceeds are available to the Landlord under its loss of rental income insurance coverage in respect of the Premises (other than by reason of the Landlord not carrying the insurance as set out in Section 10.1); Rent shall from time to time xxxxx in the same proportion that the part of the Gross Rentable Area of the Premises from time to time rendered unfit for such occupancy, or to which no reasonable access was available, by reason of such destruction or damage is of the total Gross Rentable Area of the Premises.

Termination or Abatement after Damage. ‌ (a) If, by any cause:‌ (i) If and whenever the Premises are destroyed or damaged; or (ii) reasonable access damaged by any cause to the Premises is prevented by damage to the [●] Building, andextent that, in the Landlord’s 's architect's reasonable opinion reasonably arrived at, written notice of which may to be given in writing to the Tenant within sixty (60) 60 days after the occurrence of such damage or destruction, such damage or destruction cannot they are unable to be repaired or rebuilt or reasonable access to the Premises restored within one hundred eighty (180) 180 days after such damage destruction or destruction, or if there is damage not within the definition of Insured Damage, the cost of repair of which would exceed $50,000.00damage, then either the Landlord may, at its option, or the Tenant may terminate this Lease by notice to the Tenant other, to be given within ten (10) 30 days after the giving of the Landlord’s 's architect's written notice aforesaidopinion above referred to, and the Tenant shall immediately thereupon surrender the Premises and this Lease to the Landlord and Rent shall be apportioned to the date of such destruction or damage (subject to the payment of Rent from the date of such destruction or damage to the date of surrender in the same proportion that the part of the Gross Net Rentable Area of the Premises fit for occupancy by the Tenant and to which the Tenant has reasonable access until such surrender is of the total Gross Net Rentable Area of the Premises). (b) If and whenever all or any portion of the Building is destroyed or damaged by reason of any cause (whether or not such portion includes all or any part of the Premises) to such extent that: (i) in the Landlord's architect's reasonable opinion to be given to the Tenant in writing within 60 days after the occurrence of such damage or destruction, it is unable to be repaired or rebuilt within 180 days after such destruction or damage; or (ii) the estimated cost (as estimated by the Landlord's architect, acting reasonably) of repairing or rebuilding the Development exceeds the proceeds of insurance available to the Landlord for such purpose (or which would have been available if the Landlord had insured in compliance with section 10.1); the Landlord, acting reasonably, may terminate this Lease upon not less than 30 days' prior written notice to the Tenant, given within 60 days after the happening of such destruction or damage, and the Tenant shall immediately thereupon surrender the Premises and this Lease to the Landlord; and (iii) if and to the extent that such destruction or damage has rendered the Premises in whole or in part unfit for occupancy by the Tenant, Rent shall abate from the date of such destruction or damage to the date of surrender in the same proportion that the part of the Net Rentable Area of the Premises unfit for occupancy is of the total Net Rentable Area of the Premises; and (iv) otherwise Rent shall be apportioned to the date of surrender. (c) If and whenever the Premises are destroyed or damaged by reason of any cause, or damage to the [●] Building has precluded reasonable access to the Premises, cause and this Lease shall not have been terminated if and as permitted by Section 9.4(a)terminated, the Landlord shall, with all reasonable diligencediligence and dispatch, make the repairs and replacements specified in Section 9.1 but only to the extent of insurance proceeds actually received in respect thereto subsections 9.1(a), (b) and (c) and the Tenant shall shall, with all reasonable diligence and in compliance with section 8.1, make all repairs to the Premises specified in Section section 9.2 and complete the Premises for occupancy for the purpose described in Section section 7.1 and in compliance with Section 7.5 and if subsection 7.5(b). If as a result of any destruction or damage to the Premises which is not the fault of the Tenant or the [●] Building which the Landlord those for whom it is obligated to repair pursuant to Section 9.1, in law responsible and which does not consist of merely a temporary interruption of or interference with any utility, service or access, the Premises are rendered in whole or in part unfit for occupancy by the Tenant or there if, for any reason is no reasonable access theretoinaccessible, then during the period commencing on the occurrence of such destruction or damage and ending upon the earlier of: (i) the date when both the repairs to the Premises and the [●] Building which the Landlord is obligated to make as aforesaid are completed sufficiently to enable the Tenant reasonable use of and access to the Premises and/or to commence its repairs, and the Tenant has been allowed a reasonable period of time which is sufficient for the completion by it of the repairs it is obliged obligated to make as aforesaid with due diligencediligence and access to the Premises has been restored; and (ii) the date upon which no insurance proceeds are available to the Landlord under its loss of rental income insurance coverage in respect of the Premises (other than by reason of the Landlord not carrying the insurance as set out in Section section 10.1); Rent shall from time to time xxxxx abate in the same proportion that the part of the Gross Net Rentable Area of the xx xhe Premises from time to time rendered unfit for such occupancy, or to which no reasonable access was available, occupancy by reason of such destruction or damage is of the total Gross Net Rentable Area of the Premises.

Termination or Abatement after Damage. ‌ (a) If, by any cause:‌ (i) If and whenever the Premises are destroyed or damaged; or (ii) reasonable access damaged by any cause to the Premises is prevented by damage to the [●] Building, andextent that, in the Landlord’s 's reasonable opinion reasonably arrived at, written notice of which may to be given in writing to the Tenant within sixty (60) 60 days after the occurrence of such damage or destruction, such damage or destruction cannot they are unable to be repaired or rebuilt or reasonable access to the Premises restored within one hundred eighty (180) 180 days after such damage destruction or destruction, or if there is damage not within the definition of Insured Damage, the cost of repair of which would exceed $50,000.00damage, then the Landlord may, at its option, may terminate this Lease by notice to the Tenant Tenant, to be given within ten (10) 30 days after the giving of the Landlord’s 's written notice aforesaidopinion above referred to, and the Tenant shall immediately thereupon surrender the Premises and this Lease to the Landlord and Rent shall be apportioned to the date of such destruction or damage (subject to the payment of Rent from the date of such destruction or damage to the date of surrender in the same proportion that the part of the Gross Net Rentable Area of the Premises fit for occupancy by the Tenant and to which the Tenant has reasonable access until such surrender is of the total Gross Net Rentable Area of the Premises). (b) If and whenever all or any portion of the Building is destroyed or damaged by reason of any cause (whether or not such portion includes all or any part of the Premises) to such extent that: (i) in the Landlord's reasonable opinion to be given to the Tenant in writing within 60 days after the occurrence of such damage or destruction, it is unable to be repaired or rebuilt within 180 days after such destruction or damage; or (ii) the estimated cost (as estimated by the Landlord) of repairing or rebuilding the Development exceeds the proceeds of insurance available to the Landlord for such purpose (or which would have been available if the Landlord had insured in compliance with Section 10.1); the Landlord may terminate this Lease upon not less than 30 days' prior written notice to the Tenant, given within 60 days after the happening of such destruction or damage, and the Tenant shall immediately thereupon surrender the Premises and this Lease to the Landlord; and (iii) if and to the extent that such destruction or damage has rendered the Premises in whole or in part unfit for occupancy by the Tenant, Rent shall abate from the date of such destruction or damage to xxx date of surrender in the same proportion that the part of the Net Rentable Area of the Premises unfit for occupancy is of the total Net Rentable Area of the Premises; and (iv) otherwise Rent shall be apportioned to the date of surrender. (c) If and whenever the Premises are destroyed or damaged by reason of any cause, or damage to the [●] Building has precluded reasonable access to the Premises, cause and this Lease shall not have been terminated if and as permitted by Section 9.4(a)terminated, the Landlord shall, with all reasonable diligence, make the repairs specified in Section 9.1 but only to the extent of insurance proceeds actually received in respect thereto and the Tenant shall shall, with all reasonable diligence and in compliance with Section 8.1, make all repairs to the Premises specified in Section 9.2 and complete the Premises for occupancy for the purpose described in Section 7.1 and in compliance with Section 7.5 and if subsection 7.5(b). If as a result of any destruction or damage to the Premises or the [●] Building which the Landlord is obligated to repair pursuant to Section 9.1, and which is not the fault of the Tenant or those for whom it is in law responsible and which does not consist of merely a temporary interruption of or interference with any utility, service or access, the Premises are rendered in whole or in part unfit for occupancy by the Tenant or there is no reasonable access theretoTenant, then during the period commencing on two Business Days immediately following the occurrence of such destruction or damage and ending upon the earlier of: (i) the date when both the repairs to the Premises and the [●] Building which the Landlord is obligated to make as aforesaid are completed sufficiently to enable the Tenant reasonable use of and access to the Premises and/or to commence its repairs, and the Tenant has been allowed a reasonable period of time which is sufficient for the completion by it of the repairs it is obliged obligated to make as aforesaid with due diligence; and (ii) the date upon which no insurance proceeds are available to the Landlord under its loss of rental income insurance coverage in respect of the Premises (other than by reason of the Landlord not carrying the insurance as set out in Section 10.1); Rent shall from time to time xxxxx abate in the same proportion that the part of the Gross Rentable Area Net Rentablx Xxxa of the Premises from time to time rendered unfit for such occupancy, or to which no reasonable access was available, occupancy by reason of such destruction or damage is of the total Gross Net Rentable Area of the Premises.