Common use of Termination or Abatement after Damage Clause in Contracts

Termination or Abatement after Damage. (a) If and whenever the Premises are destroyed or damaged by any cause to the extent that, in the Landlord’s reasonable opinion to be given in writing to the Tenant within sixty (60) days after the occurrence of such damage or destruction, they are unable to be repaired or rebuilt within one hundred and eighty (180) days after such destruction or damage, then either the Landlord or the Tenant may terminate this Lease by notice to the other, to be given within thirty (30) days after the giving of the Landlord’s written opinion 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 Usable Area of the Premises fit for occupancy by the Tenant until such surrender is of the total Usable Area of the Premises).

Appears in 1 contract

Samples: Ritchie Bros Auctioneers Inc

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Termination or Abatement after Damage. (a) If and whenever the Premises are destroyed or damaged by any cause to the extent that, in the Landlord’s 's reasonable opinion to be given in writing to the Tenant within sixty (60) 60 days after the occurrence of such damage or destruction, they are unable to be repaired or rebuilt within one hundred and eighty (180) 180 days after such destruction or damage, then either the Landlord or the Tenant may terminate this Lease by notice to the other, to be given within thirty (30) 30 days after the giving of the Landlord’s 's written opinion 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 Usable Area occupiable area of the Premises fit for occupancy by the Tenant until such surrender is of to the total Usable Area occupiable area of the Premises).

Appears in 1 contract

Samples: November (E Cruiter Com Inc)

Termination or Abatement after Damage. (a) If and whenever the Premises are destroyed or damaged by any cause to the extent that, in the reasonable opinion of Landlord’s reasonable opinion 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, they are unable to be repaired or rebuilt within one hundred and eighty (180) 180 days after such destruction or damage, then either the Landlord or the Tenant may terminate this Lease by notice to the other, to be given within thirty (30) 30 days after the giving of the LandlordArchitect’s written opinion 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 Usable Net Rentable Area of the Premises fit for occupancy by the Tenant until such surrender is of the total Usable Net Rentable Area of the Premises).

Appears in 1 contract

Samples: Lease (Alliance Data Systems Corp)

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Termination or Abatement after Damage. (a) If and whenever the Premises are destroyed or damaged by any cause to the extent that, in the Landlord’s 's architect's reasonable opinion to be given in writing to the Tenant within sixty (60) 60 days after the occurrence of such damage or destruction, they are unable to be repaired or rebuilt within one hundred and eighty (180) 180 days after such destruction or damage, then either the Landlord or the Tenant may terminate this Lease by notice to the other, to be given within thirty (30) 30 days after the giving of the Landlord’s 's architect's written opinion 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 Usable Net Rentable Area of the Premises fit for occupancy by the Tenant until such surrender is of the total Usable Net Rentable Area of the Premises).

Appears in 1 contract

Samples: Lease Amending Agreement (Kroll Inc)

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