Termination or Reduction of Fees on Damage. If the whole or any part of the Land is destroyed or damaged for any reason such as to make it substantially unfit for the Lessee’s use and occupation, then this Clause will apply.
4.5.1 The Council may (in its absolute discretion) decide not to reinstate the Land. If the Council so decides then it may end this Lease by written notice to the Lessee.
4.5.2 If the Council elects not to end this Lease under Clause 4.5.1, then it must ensure that the Land is made fit for use by the Lessee within a reasonable time frame.
4.5.3 Until the Council either ends the Lease or makes the Land fit for use, the lease fee and any other payments due under this Lease will be reduced. The amount of any reduction will be determined by the Council and will depend upon the nature and extent of the damage sustained and will continue until the Land is made fit for the Lessee’s occupation and use.
4.5.4 If, after six (6) months the Land has not been substantially reinstated by the Council, this Lease may be terminated by either party by giving notice to the other in writing.
4.5.5 Any such termination will not reduce the rights of either party in respect of any previous breaches of this Lease.
Termination or Reduction of Fees on Damage. If the whole or any part of the Land and any of its improvements is destroyed or damaged thus making it substantially unfit for the Association's use and occupation or so that the Association is deprived of substantial use of it or them, then:
5.4.1 payments due under this Lease, or a proportionate part of them, will be reduced. The reduction will depend upon the nature and extent of the damage sustained and will continue until the land is rebuilt, reinstated or made fit for the Association's occupation and use or until the Lease is terminated in accordance with the provisions of this clause.
5.4.2 where there is any dispute about the amount by which payments should be reduced then either party may instruct an independent Licensed Valuer to determine the amount of the reduction. The Licensed Valuer's costs will be shared equally by the parties;
5.4.3 if after a reasonable period the Association's improvements have not been substantially reinstated by the Association, this Lease may be terminated by either party by notice in writing to the other;
5.4.4 any such termination will not reduce the rights of either party in respect of any previous breaches of this Lease;
5.4.5 the Council is under no obligation to reinstate the Land or its improvements or make them or it fit for occupation.
Termination or Reduction of Fees on Damage. If the whole or any part of the Kiosk is destroyed or damaged thus making them substantially unfit for the Licensee’s use and occupation or so that the Licensee is deprived of substantial use of the Kiosk then:
5.4.1 the Licence Fee and other payments due under this Licence, or a proportionate part of them will be reduced. The reduction will depend upon the nature and extent of the damage sustained and will continue until the Kiosk is rebuilt, reinstated or made fit for the Licensee’s occupation and use or until the Licence is terminated in accordance with the provisions of this Clause and where there is any dispute about the amount by which the Licence Fee should be reduced then either party may instruct an independent licensed valuer to determine the amount of the reduction. The licensed valuer’s costs will be shared equally by the parties;
5.4.2 the Council may notify the Licensee that the damage makes repairing the Kiosk impracticable and the Council may terminate this Licence by written notice;
5.4.3 if after a reasonable time which the Council considers will not be less than six (6) months the Kiosk has not been substantially reinstated by the Council, this Licence may be terminated by either party by notice in writing to the other;
5.4.4 any such termination will not reduce the rights of either party in respect of any previous breaches of this Licence;
5.4.5 the Council is under no obligation to rebuild the Kiosk or to reinstate or make them fit for occupation and the Licensee will not bring any claim or demand against the Council for the Council’s refusal or neglect to rebuild or reinstate the Kiosk.
