Total Damage Sample Clauses
Total Damage. If the Building or the Leased Premises are damaged to such an extent that the Leased Premises are rendered untenantable by damage from fire or other casualty which, in the reasonable opinion of the Landlord's architect, cannot be substantially repaired under applicable laws and governmental regulations within ninety (90) days from the date of such casualty (employing normal construction methods without overtime or other premium), then either the Landlord or Tenant may elect to terminate this Lease as of the date of such casualty by written notice delivered to the other not more than ten (10) days after receipt of such architect's opinion (failing which the Landlord shall cause such damage to be repaired at its own expense with all reasonable speed).
Total Damage. 1. If any part of the Premises, or adjacent facilities directly and substantially affecting the use of the Premises, is damaged by fire or other casualty, and is so extensively damaged as to render any portion of said Premises incapable of being repaired, as determined by the City, the City shall notify Concessionaire as soon as practicable under the circumstances after the date of such damage of its decision whether to reconstruct or replace said space. However, the City shall be under no obligation to replace or reconstruct such premises. The fees payable hereunder with respect to affected Premises shall be paid up to the time of such damage and thereafter shall cease until such time as replacement or reconstructed space shall be available for use by Concessionaire.
2. If the City elects to reconstruct or replace affected Premises, the City shall use reasonable efforts to provide alternate facilities to continue Concessionaire's operation while repair, reconstruction, or replacement is being completed, at a rental rate not to exceed that provided herein for comparable space. However, if such damaged space shall not have been replaced or reconstructed, or the City is not diligently pursuing such replacement or reconstruction, within six (6) months after the date of such damage or destruction, Concessionaire shall have the right, upon giving the City thirty (30) days advance notice, to delete the affected Premises from this Agreement, but this Agreement shall remain in effect with respect to the remainder of said Premises, unless such damaged or destroyed premises prevent Concessionaire from operating its ON AIRPORT RENTAL CAR CONCESSION at the Airport. In the event certain Premises are deleted from the Agreement, the MAG Payment , the Percentage Fee Payment and any other rental payments will NOT be proportionally reduced or adjusted, based upon the percentage of Gross Receipts of the deleted Premises compared to total Gross Receipts generated throughout the Airport during the prior twelve (12) month period, to reflect the loss of the Premises.
3. If the City elects not to reconstruct or replace affected Premises, the City shall meet and consult with Concessionaire on ways to permanently provide Concessionaire with adequate replacement space for affected Premises. Concessionaire shall have the right, upon giving the City thirty (30) days advance notice, to delete the affected Premises from this Agreement, but this Agreement shall remain in full force and e...
Total Damage. If the Premises or the Building shall be so damaged by fire or other casualty as to render the Premises wholly untenantable and if such damage shall be so great that a competent architect, in good standing, selected by Landlord shall certify in writing to Landlord and Tenant within sixty (60) days of said casualty that the Premises, with the exercise of reasonable diligence, cannot be made fit for occupancy within 180 working days from the happening thereof, then this Lease shall cease and terminate from the date of the occurrence of such damage and Tenant shall thereupon surrender to Landlord the Premises and all interest therein hereunder and Landlord may reenter and take possession of the Premises and remove Tenant therefrom. Tenant shall pay rent, duly apportioned, up to the time of such termination of this Lease. If, however, the damage shall be such that said architect shall certify within said sixty (60) day period that the Premises can be made tenantable within said 180 day period, then, except as hereinafter provided, Landlord shall repair the damage so done (to the extent of the Building Standard tenant finish allowance then provided by Landlord to tenants in the Building) with all reasonable speed.
Total Damage. If any part of the Premises, or adjacent Airport facilities, directly and substantially affecting the use of the Premises shall be damaged by fire or other casualty, and is so extensively damaged as to render any portion of said Premises incapable of being repaired, as reasonably determined by the Port, or the Port determines it is not in the financial best interest of the Airport to repair, then the Port shall notify Airline within ninety (90) calendar days after the date of such damage of its decision not to replace or reconstruct such Premises. The Rent payable with respect to damaged Premises shall be paid up to the time of such damage and thereafter shall cease until such time as comparable replacement space shall be made available for use by Airline.
Total Damage. If there is a Total Destruction of the Premises, whether or not such Total Destruction is an Insured Loss, then Landlord , by written notice to Tenant within thirty (30) days of the casualty, may terminate this Lease, which termination shall be effective not more than sixty (60) days from the date of such notice. If this Lease is not terminated, then Landlord shall rebuild the Premises (other than Tenant's alterations and improvements), using any available insurance proceeds, as soon as reasonably possible at Landlord's sole expense (except if the damage or destruction is caused by the negligence or willful misconduct of Tenant, in which case, if the loss is not an Insured Loss, Tenant shall pay to rebuild the Premises in accordance with Paragraph 18(f) below) and this Lease shall continue in full force and effect.
Total Damage. If the Premises are totally damaged or are rendered wholly untenantable by fire or other cause, and Landlord shall decide not to restore or rebuild the same, or if the Building shall, in Landlord's and Tenant's reasonable judgment, be so damaged that Landlord shall decide to demolish it and rebuild it, then in any of such events either party may, within ninety (90) days after such fire or other cause, give the other party notice of such decision, and thereupon this Lease shall expire by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord.
Total Damage. If the Premises or the Building shall be so damaged by fire or other casualty as to render the Premises wholly untenantable and if such damage shall be so great that a competent architect, in good standing, selected by Landlord shall certify in writing to Landlord and Tenant within ninety (90) days of said casualty that the Premises, with the exercise of reasonable diligence, cannot be made fit for occupancy within one hundred eighty (180) working days from the happening thereof, then Landlord may within thirty (30) days after its receipt of such architect’s certification, elect by written notice to Tenant to terminate the Lease, in which event this Lease shall cease and terminate from the date which is the thirtieth (30th) day after the date of Landlord’s termination notice, and Tenant shall thereupon surrender to Landlord the Premises and all interest therein hereunder and Landlord may reenter and take possession of the Premises and remove Tenant therefrom. Tenant shall pay Rent, duly apportioned, up to the time of such fire or other casualty. If, however, the damage shall be such that said architect shall certify within said ninety (90) day period that the Premises can be made tenantable within said one hundred eighty (180) day period or such repairs will exceed such one hundred eighty (180) day period but Landlord does not timely elect to terminate the Lease, then, except as hereinafter provided, Landlord shall repair the Premises to its prior condition, excluding any alterations, improvements, fixtures and personal property constructed or owned by Tenant, with all reasonable speed.
Total Damage. In the event that (a) the Premises are made untenantable by fire or other casualty and Landlord shall decide not to restore or repair same, or (b) the Building is so damaged by fire or other casualty that Landlord shall decide to demolish or not rebuild the same, then, in any of such events, Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such fire or other casualty and the Rent shall be apportioned on a per diem basis and paid to the date of such fire or other casualty. In the event the Premises are made untenantable by fire or other casualty and Landlord shall decide to rebuild and restore the same, this Lease shall not terminate and Landlord shall repair and restore the Premises promptly after receipt of the insurance proceeds. Landlord shall commence the repair, restoration or rebuilding thereof and shall complete such restoration, repair or rebuilding within one hundred eighty (180) days after the receipt of such proceeds, subject to extension due to delay because of changes, deletions, or additions in construction requested by Tenant, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the control of Landlord ("Extension Events"). In the event of any such casualty all insurance proceeds shall be payable to Landlord. In no event shall Landlord be required to repair or replace (i) any alterations or improvements made by Tenant which are not related to the Improvements, (ii) any of Tenant's Equipment, (iii) or any other fixtures, furnishing and personal property of Tenant. Tenant agrees that Tenant shall deposit with Landlord prior to the commencement of such restoration an amount equal to Tenant's Proportion of any deductible amounts carried by Landlord under its insurance policies, provided Tenant's Proportion of any such deductible amount shall not exceed $5,000.00. Landlord's obligation to repair, restore or rebuild the Premises shall be limited to restoring the Premises to substantially the condition in which the same existed prior to the casualty. Rent and all other charges payable by Tenant hereunder shall abatx xxxing the period of such repair, restoration or rebuilding to the extent that the Improvements are not tenantable because of any damage or destruction. In the event the casualty causes fifty percent (50%) or more o...
Total Damage. If the Leasehold Premises (a) by reason of substantial damage or destruction is rendered wholly untenantable, or (b) is damaged in whole or in substantial part during the last three years of the Lease Term, or (c) if any or all of the buildings or other areas of the Leasehold Premises are damaged, whether or not the buildings are damaged, to such an extent that the catering/banquet and conference facility cannot, in the Page 48 of 103 reasonable judgment of Landlord be operated as such, Landlord may elect to have Tenant repair the damage or Landlord may cancel this Lease by notice of cancellation within 180 days after such event and thereupon this Lease shall expire and Tenant shall vacate and surrender the Leasehold Premises to Landlord. Tenant's liability for rent upon the termination of the Lease in this event shall cease as of the day following the event or damage.
Total Damage. (i) If any part of the Leased Premises, or adjacent facilities directly and substantially affecting the use of the Leased Premises, shall be damaged by fire or other casualty, and is so extensively damaged as to render any portion of said Leased Premises incapable of being repaired, as determined by the AUTHORITY, the AUTHORITY shall notify AIRLINE as soon as practicable under the circumstances after the date of such damage of its decision whether to reconstruct or replace said space. However, the AUTHORITY shall be under no obligation to replace or reconstruct such premises. The rentals payable hereunder with respect to affected Leased Premises shall be paid up to the time of such damage and thereafter shall cease until such time as replacement or reconstructed space shall be available for use by AIRLINE.
(ii) In the event the AUTHORITY elects to reconstruct or replace affected Leased Premises, the AUTHORITY shall use its best efforts to provide alternate facilities to continue AIRLINE's operation while repair, reconstruction, or replacement is being completed, at a rental rate not to exceed that provided in this Agreement for comparable space. However, if such damaged space shall not have been replaced or reconstructed, or the AUTHORITY is not diligently pursuing such replacement or reconstruction, within six months after the date of such damage or destruction, AIRLINE shall have the right, upon giving the