UNTENANTABILITY. In the event the Premises, Building or Project are damaged by fire or other insured casualty and the insurance proceeds have been made available therefore by the holder or holders of any mortgages or deeds of trust, the damage shall be repaired by and at the expense of Landlord to the extent of such insurance proceeds available therefore, provided such repairs can, in Landlord’s sole opinion, be made within one hundred twenty (120) days after the occurrence of such damage without the payment of overtime or other premiums. Until such repairs are completed, the rent shall be abated in proportion to the part of the Premises which is unusable by Tenant in the conduct of its business. If repairs cannot, in Landlord’s sole opinion be made within one hundred twenty (120) days, Landlord may at its option make these within a reasonable time and, if agreed to by Tenant, this Lease shall continue in effect. In the case of repairs, which in Landlord’s opinion cannot be made within one hundred twenty (120) days Landlord shall notify Tenant within thirty (30) days of the date of occurrence of such damage as to whether or not Landlord elects to make such repairs and if no such repairs and if no such notice is given, Landlord shall be deemed to have elected to make such repairs. If Landlord elects not to make such repairs or if said repairs cannot be made within one hundred twenty (120) days of notice, then either party may, by written notice to the other, cancel this Lease as of the date of the occurrence of such damage and Tenant must vacate the Premises within thirty (30) days of such notice. Except as provided in this Section, there shall be no abatement of rent and no liability of Landlord by reason of any injury to, damage or interference with Tenant’s business or property arising from any such fire or other casualty or from the making or not making of any repairs, alterations or improvements in or to any portion of the Premises, Building or Project or in or to fixtures, appurtenances and equipment therein. Tenant understands that Landlord will not carry insurance of any kind on Tenant’s furniture or furnishings or on any fixtures or equipment removable by Tenant under the provisions of this Lease and that Landlord shall not be obliged to repair any damage thereto or replace the same. Landlord shall not be required to repair any injury or damage caused by fire or other cause, or to make any repairs or replacements to or of improvements installed in the Premises by o...
UNTENANTABILITY. If the Premises become wholly untenantable because of fire or other casualty, Landlord may cancel this lease by notifying Tenants in writing, and Tenants shall surrender the Premises to Landlord. If for the same reasons the Premises become partially untenantable, or wholly untenantable without Landlord canceling the lease, Landlord shall repair the Premises with reasonable speed. From the date of the casualty, until repairs are substantially completed, Rent shall xxxxx in the same percentage that the Premises are untenantable, unless the untenantability is caused by negligence or intentional misconduct of Tenants, their guests or invitees, in which case rent shall not xxxxx. Landlord is not liable for failure to repair until Tenants have notified Landlord of the need for repair and a reasonable time to make the repair has passed thereafter. If 50% or more of the Premises are untenantable, the Premises are "wholly untenantable".
UNTENANTABILITY. If all or substantially all of the Premises, or in excess of thirty (30%) percent of the Building, are made untenantable by fire or other casualty, Landlord may, at its option, elect:
A. To terminate this Lease as of the date of the fire or casualty by notice to Tenant within sixty (60) days after that date; or
B. Proceed with all due diligence to repair, restore or rehabilitate the Building or the Premises (excluding leasehold improvements installed or paid for by Tenant) at Landlord's expense, in which latter event this Lease shall not terminate. In the event the Lease is not terminated pursuant to these provisions, rent shall xxxxx only with respect to the portion of the Premises rendered untenantable on a per diem basis during the period of untenantability. In the event of the termination of this Lease pursuant to this section, rent shall be apportioned on a per diem basis and paid to the date of the fire or other casualty. If less than thirty (30%) percent of the Building or less than all or substantially all of the Premises are made untenantable as aforesaid during the last year of the Term hereof, Landlord shall have the right to terminate this Lease as of the date of the fire or other casualty by giving written notice thereof to Tenant within sixty (60) days after the date of fire or other casualty, in which event the rent shall be apportioned on per diem basis and paid to the date of such fire or other casualty.
UNTENANTABILITY. If the Premises become wholly untenantable because of fire or other casualty, Landlord may terminate this lease by written notice to Tenants, and Tenants shall surrender the Premises to Landlord. If for the same reasons the Premises become partially untenantable, or wholly untenantable without Landlord’s terminating the lease, Landlord shall repair the Premises with reasonable speed. From the date of the casualty, until repairs are substantially completed, Rent shall xxxxx in the same percentage that the Premises are untenantable, unless the untenantability is caused by negligence or intentional misconduct of Tenants or their family, occupants, employees, guests, invitees, agents, or anyone on the Premises by reason of association with any of them, in which case rent shall not xxxxx.
UNTENANTABILITY. If the premises or the Building are made unfit for occupancy by fire or other casualty, acts of God, or other cause, and cannot be repaired within ninety (90) days, either Lessee or Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to the other party, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction of, the premises or the Building.
UNTENANTABILITY. As used in this Lease, the term “untenantable” means reasonably incapable of being accessed or occupied for its intended use due to damage to the Premises or Building. Notwithstanding anything contained to the contrary in this Section 17, neither the Premises nor any portion of the Premises shall be deemed untenantable if Landlord is not required to repair or restore same (or if Landlord is required to repair or restore same, then following such time as Landlord has substantially completed the repair and restoration work required to be performed by Landlord under this Section 17), or if Tenant continues to actually occupy the subject portion of the Premises for the conduct of its business.
UNTENANTABILITY. If the Premises or any part thereof shall at any time be damaged or destroyed by fire or any other cause which is beyond the control of Landlord so as to render the Premises unfit for occupation and use (except where such damage or destruction has been caused by, or the policy or policies of insurance in relation to the Premises shall have been vitiated or payment of the policy monies withheld in whole or in part in consequence of, some act or default of Tenant or Tenant’s Agents, the Rent reserved by this Sublease Agreement or a fair and just proportion thereof according to the nature and extent of the damage sustained shall be suspended until the Premises shall again be rendered fit for occupation and use, and any dispute concerning this clause shall be determined by a single arbitrator in accordance with the Arbitration Act, Chapter 10 of Singapore. All insurance proceeds available from the fire and property damage insurance carried by Landlord, if any, shall be paid to and become the property of Landlord.
UNTENANTABILITY. If the Premises, or any portion thereof, are made untenantable by fire, the elements, or other casualty, rent for the leased Premises, or affected portion thereof, shall xxxxx from the date of such casualty until its restoration to tenantability. Landlord shall restore the Premises with all reasonable speed and, if Landlord does not restore the Premises or the affected portion thereof to tenantability within one hundred twenty (120) days, Tenant may terminate this Lease. If the Premises are more than fifty percent (50%) destroyed by such casualty, either Landlord or Tenant may terminate this Lease unless Landlord is able to rebuild and restore the premises within one hundred twenty (120) days of such casualty. Rent shall xxxxx during such period of untenantability.
UNTENANTABILITY. If the condition referred to in Section 18(a) is such so as to make the entire Premises untenantable, then the Rent which Tenant is obligated to pay hereunder shall abxxx xs of the date of the occurrence until the Premises have been fully and completely restored by Landlord. If the Premises are partially damaged or destroyed, then during the period until Landlord completes restoration of the damaged portion of the Premises, Tenant shall be required to pay Rent covering only that part of the Premises that it is able to occupy, based on the Rentable Area of the Premises that can be occupied compared to the total Rentable Area of the Premises. Any repair or restoration to be performed by Landlord under this Section 18 shall be limited to those portions of the Premises which were constructed by Landlord or are Landlord’s responsibility to maintain or repair. Tenant, at its own expense, shall repair or replace its furniture, trade fixtures, equipment, personal property and other items belonging to Tenant, and any leasehold improvements constructed by Tenant, which are damaged or destroyed by fire or other casualty. Except as hereinabove set forth, no compensation, or claim, or diminution of Rent will be allowed or paid by Landlord, by reason of inconvenience, annoyance, or injury to business, arising from the necessity of repairing the Premises or any portion of the Building of which they are a part.
UNTENANTABILITY. If the Premises or the Building are, in whole or in part, made untenantable by fire or other casualty, WellQuest may elect:
a. To terminate this Sublease as of the date of the fire or casualty by notice to Practice within 60 days after the occurrence; or
b. To commence repair or reconstruction of the Building or the Premises at WellQuest's expense within 90 days after WellQuest is enabled to take possession of and to commence such repairs or reconstruction of the damaged Building or Premises, in which case the Lease shall not terminate but rent shall be abated on a per diem basis while a substantial part of the Premises is untenantable. If, however, Practice occupies part of the Premises during such repairs or reconstruction, Practice shall pay rent for the part of the Premises that it occupies. If WellQuest elects so to repair or reconstruct the Building or the Premises and does not substantially complete the work within 180 days after such repairs or reconstruction is commenced, either party may terminate this Sublease as of the date of the fire or casualty by notice to the other party not later than 210 days after such repairs or reconstruction begins. In the event of termination of the Sublease pursuant to this Section, Rent shall be apportioned on a per diem basis and paid to the date of the fire or casualty. In no event shall WellQuest be liable any damages to any Practice Person resulting from any fire or casualty to the Building or the Premises, or from any repair or reconstruction of the Premises.
