UNTENANTABILITY. Unless all or substantially all of the Building is made unfit for occupancy by fire or other casualty, acts of God or other cause, if the Premises shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to the Premises shall be repaired by the Landlord, and the rent until such repairs shall be made shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy. Landlord shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s control. If all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord shall repair, restore or rehabilitate the Premises or the Building at Landlord’s expense. In such event, rent shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy, provided that if such repairs are not restored or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, then: (a) Tenant shall have the right to terminate this Lease, as of the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the Premises or the Building are so made unfit for occupancy, by written notice to Tenant within ninety (90) days after that date unless, within thirty (30) days following receipt of Landlord’s notice to terminate, Tenant exercises an Option to Renew. Any termination of this Lease pursuant to this Section 15 shall be effective as of the date when the Premises were rendered untenantable. In the event neither Landlord or Tenant elect to terminate this Lease, Landlord shall proceed to diligently repair, restore or rehabilitate the Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairs. In the event of termination of this Lease pursuant to this Section 15, Annual Base Rent shall be apportioned on a per diem basis up to the effective date of such termination.
Appears in 1 contract
UNTENANTABILITY. Unless all or substantially all of the Building is made unfit for occupancy by fire or other casualty, acts of God or other cause, if the If said Leased Premises shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to said Leased Premises (but not to Lessee's property, which shall remain the Premises responsibility of Lessee to repair or replace) shall be repaired by and at the Landlordexpense of Lessor. Notwithstanding the foregoing, and however, fire or other casualty damage to the rent until such repairs Leased Premises in amounts of One Thousand Dollars ($1,000.00) or less per occurrence shall be made shall be abated on a per diem basis proportionate to repaired by and at the extent and for the period that the Premises are unfit for occupancyexpense of Lessee. Landlord Lessor shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s Lessor's control. If all or substantially all of the said Leased Premises or the Building Buildings are made unfit for occupancy by fire or other casualty, acts of God or other causecauses, Landlord shall Lessor may elect (a) to terminate this Lease as of the date when said Leased Premises or the Buildings are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore or rehabilitate said Leased Premises at Lessee's expense, or the Buildings at Lessor's expense, within ninety (90) days after Lessor is enabled to take possession of the damaged Leased Premises and undertake reconstruction or repairs; and if Lessor elects so to repair, restore or rehabilitate said Leased Premises or the Building at Landlord’s expense. In such eventBuildings this Lease shall not terminate, except as hereinafter provided, but rent shall be abated on a per diem basis proportionate to the extent and for the period that the said Leased Premises are unfit for occupancy, provided that if such repairs are . In the event Lessor shall proceed under (b) above and shall not restored substantially complete the work within said ninety (90) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, then: (a) Tenant shall have the right to Lessee may then terminate this Lease, as of the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the said Leased Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the Premises or the Building are Buildings were so made unfit for occupancy, by written notice to Tenant within the other not later than ten (10) days after the expiration of said ninety (90) days after that date unlessday period, within thirty (30) days following receipt of Landlord’s notice to terminate, Tenant exercises an Option to Renew. Any termination of this Lease pursuant to this Section 15 shall be effective computed as of the date when the Premises were rendered untenantable. In the event neither Landlord or Tenant elect to terminate this Lease, Landlord shall proceed to diligently repair, restore or rehabilitate the Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairs. In the event of termination of this Lease pursuant to this Section 15, Annual Base Rent shall be apportioned on a per diem basis up to the effective date of such terminationherein provided.
Appears in 1 contract
Samples: Lease Agreement (Channelpoint Inc)
UNTENANTABILITY. Unless all or substantially all of If the Building Premises is made unfit for occupancy untenantable in whole or in part by fire or other casualty, acts of God or the Fixed Monthly Rent, Additional Rent and other causecharges, if the Premises shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to the Premises shall be repaired by the Landlord, and the rent until such repairs shall be made shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy. Landlord shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s control. If all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualtyLease terminated as hereinafter provided, acts of God or other cause, Landlord shall repair, restore or rehabilitate the Premises or the Building at Landlord’s expense. In such event, rent shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy, provided that if such repairs are not restored or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, then: (a) Tenant shall have the right to terminate this Lease, as of the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the Premises or the Building are so made unfit for occupancy, by written notice to Tenant within ninety (90) days after that date unless, within thirty (30) days following receipt of Landlord’s notice to terminate, Tenant exercises an Option to Renew. Any termination of this Lease pursuant to this Section 15 shall be effective as of the date when the Premises were rendered untenantable. In the event neither Landlord or Tenant elect to terminate this Lease, Landlord shall proceed to diligently repair, restore or rehabilitate the Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairs. In the event of termination of this Lease pursuant to this Section 15, Annual Base Rent shall be apportioned on a per diem basis up according to the effective part of the Premises which is usable by Tenant, if, but only if, such fire or other casualty not be caused by Tenant's fixtures or equipment or by fault or negligence of Tenant, its contractors, agents or employees. If such damage shall be so extensive that the Premises cannot be restored by Landlord within a period of nine (9) months, either party shall have the right to cancel this Lease by notice to the other given at any time within thirty (30) days after the date of such terminationdamage, except that if such fire or casualty be due to Tenant's fixtures or equipment or due to Tenant's fault or negligence Tenant shall have no right to cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of Landlord the Building should be restored in such a way as to alter the Premises materially, Landlord may cancel this Lease by notice to Tenant given at any time within thirty (30) days after the date of such damage. In the event of giving effective notice pursuant to this Section, this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinbefore set for the expiration of the term of this Lease. If this Lease is not so terminated, Landlord will promptly (taking into account the time necessary to obtain required permits and approvals and the time necessary to effectuate a satisfactory settlement with Landlord's insurance company) restore the damage insured by Landlord pursuant to Section 10.02. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law and agrees that the foregoing provisions of this Section 11.01 shall govern and control in lieu thereof.
Appears in 1 contract
Samples: Paetec Corp
UNTENANTABILITY. Unless all If either the Office or substantially all of the Building is Warehouse spaces are made unfit for occupancy untenantable by fire or other casualty, acts of God or other cause, if the Premises Landlord may elect (a) to terminate this Agreement as of the date of such casualty by notice to the Tenant within thirty days after that date, or (b) to have the Landlord repair all damage to Office or Warehouse space so that the same shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage restored to the Premises shall be repaired by the Landlord, and the rent until such repairs shall be made shall be abated on a per diem basis proportionate condition as existed immediately prior to the extent and for the period that the Premises are unfit for occupancy. Landlord shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s controldamage. If all or substantially all of the Premises or Landlord elects to terminate this Agreement, the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord shall repair, restore or rehabilitate the Premises or the Building at Landlord’s expense. In such event, rent shall be abated on a per per-diem basis proportionate and be paid to the extent date of the fire or casualty. If the Landlord elects to restore the Premises and Building, such restoration shall be completed with reasonable promptness. If the Premises are unusable during such restoration, or if the Tenant is reasonably required to close its operation while such repairs are made, the rent shall xxxxx during such period of repair while such operations have ceased and the Premises are completely closed. If the Tenant continues to operate on the specific Premises during such repairs, but is unable to use a substantial portion of the specific Premises, then the rent shall be prorated in the proportion which the area of unusable leased space bears to the total specific Premises for the period that said space is unusable. The Landlord will not be liable for business losses to the Tenant by reason of damage to the specific Premises. If the untenantability is caused by the fault of the Tenant, there will be no apportionment or abatement of rent. Nothwithstanding anything contained in this Section 10 to the contrary, if the specific Premises are unfit for occupancy, provided that if such repairs are not restored or repaired cannot be made tenantable within two hundred ten (210) 90 days after commencement the date of such restoration or repairthe casualty for any reason whatsoever, as mutually agreed by Landlord and Tenant, then: (a) the Tenant shall have the right to may terminate this Lease, as of Agreement and the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the Premises or the Building are so made unfit for occupancy, by written notice to Tenant within ninety (90) days after that date unless, within thirty (30) days following receipt of Landlord’s notice to terminate, Tenant exercises an Option to Renew. Any termination of this Lease pursuant to this Section 15 shall be effective as of the date when the Premises were rendered untenantable. In the event neither Landlord or Tenant elect to terminate this Lease, Landlord shall proceed to diligently repair, restore or rehabilitate the Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairs. In the event of termination of this Lease pursuant to this Section 15, Annual Base Rent shall be apportioned on a per diem basis up to the effective date of such terminationlease.
Appears in 1 contract
Samples: Office/ Warehouse Lease Agreement (Am General Corp)
UNTENANTABILITY. Unless all If the Premises or substantially all of the Building is made unfit for occupancy by fire or other casualty, acts of God or other cause, if the Premises shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to the Premises or the Building shall be repaired by Landlord as soon as practicable under the Landlord, and the rent until circumstances. Until such repairs shall be made made, Base Rent and other charges shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy. Landlord shall incur no liability on account of any delay in occupancy or cannot be used, as the completion of such repairs which case may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s controlbe. If all or substantially all of the Premises or the Building are damaged or made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord shall repair, restore or rehabilitate the Premises or the Building at Landlord’s expense. In such event, rent shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy, provided that if such repairs are not restored or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, thenmay elect: (ai) Tenant shall have the right to terminate this Lease, as of the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the Premises or the Building are so made unfit for occupancy, by written notice to Tenant within ninety (90) days after that date unlesssuch date, or; (ii) to repair, restore or rehabilitate the Premises or the Building, at Landlord's expense, within thirty one hundred eighty (30180) days following receipt after Landlord is in possession of all insurance proceeds and necessary permits for reconstruction or repair. If Landlord elects so to repair, restore or rehabilitate the Premises or the Building, this Lease shall not terminate, but until such repairs shall be made, Base Rent and other charges shall be abated on a per diem basis proportionate to the extent and for the period that the Premises or the Building are unfit for occupancy or cannot be used, as the case may be. If Landlord shall proceed under clause (ii) 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 Landlord’s ) either Landlord or Tenant may then terminate this Lease, as of the date when the Premises or the Building were so made unfit for occupancy, by written notice to terminate, Tenant exercises an Option to Renewthe other not later than ten (10) days after the expiration of said one hundred eighty (180) day period. Any In the event of a termination of this Lease pursuant to this Section 15 shall be effective as of the date when the Premises were rendered untenantable. In the event neither Landlord or Tenant elect to terminate this Lease17, Landlord shall proceed to diligently repair, restore or rehabilitate the Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairs. In the event of termination of this Lease pursuant to this Section 15, Annual Base Rent shall be apportioned on a per diem basis up to and including the effective date of such termination. Landlord shall incur no liability on account of any delay in the completion of any repairs to be made by Landlord which may arise by reason of adjustment of insurance, labor difficulties, or any other cause beyond Landlord's control.
Appears in 1 contract
Samples: Ydi Wireless Inc
UNTENANTABILITY. Unless all or substantially all of If the Building Premises is made unfit for occupancy untenantable in whole or in part by fire or other casualty, acts of God or the Fixed Monthly Rent, Additional Rent and other causecharges, if the Premises shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to the Premises shall be repaired by the Landlord, and the rent until such repairs shall be made shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy. Landlord shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s control. If all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualtyLease terminated as hereinafter provided, acts of God or other cause, Landlord shall repair, restore or rehabilitate the Premises or the Building at Landlord’s expense. In such event, rent shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy, provided that if such repairs are not restored or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, then: (a) Tenant shall have the right to terminate this Lease, as of the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the Premises or the Building are so made unfit for occupancy, by written notice to Tenant within ninety (90) days after that date unless, within thirty (30) days following receipt of Landlord’s notice to terminate, Tenant exercises an Option to Renew. Any termination of this Lease pursuant to this Section 15 shall be effective as of the date when the Premises were rendered untenantable. In the event neither Landlord or Tenant elect to terminate this Lease, Landlord shall proceed to diligently repair, restore or rehabilitate the Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairs. In the event of termination of this Lease pursuant to this Section 15, Annual Base Rent shall be apportioned on a per diem basis up according to the effective part of the Premises which is usable by Tenant, if, but only if, such fire or other casualty not be caused by Tenant's fixtures or equipment or by fault or negligence of Tenant, its contractors, agents or employees. If such damage shall be so extensive that the Premises cannot be restored by Landlord within a period of nine (9) six (6) months either party small have the right to cancel this Lease by notice to the other given at any time within thirty (30) days after the date of such terminationdamage, except that if such fire or casualty be due to Tenant's fixtures or equipment or due to Tenant's fault or negligence Tenant shall have no right to cancel. If Tenant does not elect to terminaxx xxxs Lease as aforesaid, then Tenant may request in writing, within thirty (30) days after the date of the fire or other casualty, that Landlord provide Tenant with temporary alternative premises ("Temporary Premises") until the restoration of the Premises is substantially complete. Landlord shall use commercially reasonable efforts to provide Tenant with Temporary Premises. Landlord shall be under no obligation to relocate any existing tenant to accommodate Tenant, or to build-out or make any improvements to the Temporary Premises. If the Landlord provides Tenant with Temporary Premises, and the parties mutually agree upon the terms of Tenant's occupancy of the Temporary Premises, including rent for the Temporary Premises, and such other terms and conditions upon which Landlord and Tenant shall mutually agree, then the parties shall execute a written agreement prepared by Landlord's counsel that confirms thx xxxxxxtanding of Landlord and Tenant. Upon the date that Tenant occupies the Temporary Premises, the term of this Lease and all obligations hereunder shall toll until restoration of the Premises is substantially compete. If a portion of the Building other than the Premises shall be damaged that in the opinion of Landlord the Building should be restored in such a way as to alter the Premises materially, Landlord or Tenant may cancel this Lease by notice to the other party given at any time within thirty (30) days after the date of such damage, except that if such fire or casualty be due to Tenant's fixtures or equipment or due to Tenant's fault or negligence Tenant shall have no right to cancel. In the event of giving effective notice pursuant to this Section, this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as this Lease is not so terminated, Landlord will promptly (taking into axxxxxx xhe time necessary to obtain required permits and approvals and the time necessary to effectuate a satisfactory settlement with Landlord's insurance company) restore the damage insured by Landlord pursuant to Section 10.02. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law and agrees that the foregoing provisions of this Section 11.01 shall govern and control in lieu thereof.
Appears in 1 contract
Samples: Logisoft Corp
UNTENANTABILITY. Unless all or substantially all If the Premises are made untenantable in whole of the Building is made unfit for occupancy in part by fire or other casualty, acts of God or other causethe Rent, if the Premises shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to the Premises shall be repaired by the Landlord, and the rent until such repairs shall be made shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy. Landlord shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s control. If all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualtyLease terminated as hereinafter provided, acts of God or other cause, Landlord shall repair, restore or rehabilitate the Premises or the Building at Landlord’s expense. In such event, rent shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy, provided that if such repairs are not restored or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, then: (a) Tenant shall have the right to terminate this Lease, as of the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the Premises or the Building are so made unfit for occupancy, by written notice to Tenant within ninety (90) days after that date unless, within thirty (30) days following receipt of Landlord’s notice to terminate, Tenant exercises an Option to Renew. Any termination of this Lease pursuant to this Section 15 shall be effective as of the date when the Premises were rendered untenantable. In the event neither Landlord or Tenant elect to terminate this Lease, Landlord shall proceed to diligently repair, restore or rehabilitate the Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairs. In the event of termination of this Lease pursuant to this Section 15, Annual Base Rent shall be apportioned on a per diem basis up according to the effective part of the Premises which is usable by the Tenant, if, but only if, such fire or other casualty was not caused by the fault or negligence of the Tenant, its contractors, agents, or employees. If such damage shall be so extensive that the Premises cannot be restored to tenantability by the Landlord within a period of one hundred eighty (180) days, either party shall have the right to cancel this Lease by notice to the other given at any time within sixty (60) days after the date of such terminationdamage; except that if such fire or casualty resulted from the Tenant's fault or negligence, the Tenant shall have no right to cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to alter the Premises materially, the Landlord may cancel this Lease by notice to the Tenant given at any time within sixty (60) days after the date of such damage. If more than twenty-five percent (25%) of the Building is made untenantable by fire or other casualty (regardless of whether the Premises are untenantable), Landlord may terminate this Lease by written notice to Tenant within one hundred twenty (120) days after the date of such casualty. In the event of giving effective notice pursuant to this Section, this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinafter set for the expiration of the term of this Lease. In the even neither Landlord not Tenant cancels the Lease, or if in the Landlord's opinion the Premises can be restored to tenantability within one hundred eighty (180) days and Landlord wishes to effect such restoration, the Landlord shall, promptly after adjustment of any relevant insurance claims, commence such restoration at Landlord's expense.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Integrated Information Systems Inc)
UNTENANTABILITY. Unless all If the Premises are made untenantable in whole or substantially all of the Building is made unfit for occupancy in part by fire or other casualtycasualty the Rent, acts of God or other cause, if the Premises shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to the Premises shall be repaired by the Landlord, and the rent until such repairs shall be made shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy. Landlord shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s control. If all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualtyLease terminated as hereinafter provided, acts of God or other cause, Landlord shall repair, restore or rehabilitate the Premises or the Building at Landlord’s expense. In such event, rent shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy, provided that if such repairs are not restored or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, then: (a) Tenant shall have the right to terminate this Lease, as of the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the Premises or the Building are so made unfit for occupancy, by written notice to Tenant within ninety (90) days after that date unless, within thirty (30) days following receipt of Landlord’s notice to terminate, Tenant exercises an Option to Renew. Any termination of this Lease pursuant to this Section 15 shall be effective as of the date when the Premises were rendered untenantable. In the event neither Landlord or Tenant elect to terminate this Lease, Landlord shall proceed to diligently repair, restore or rehabilitate the Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairs. In the event of termination of this Lease pursuant to this Section 15, Annual Base Rent shall be apportioned on a per diem basis up according to the effective part of the Premises which is usable by the Tenant, if, but only if, such fire or other casualty be not caused by the gross negligence or willful misconduct of the Tenant, its contractors, agents, or employees. If such damage shall be so extensive that the Premises cannot be restored to Building Standard by the Landlord within a period of four (4) months, either party shall have the right to cancel this Lease by notice to the other given at any time within thirty (30) days after the date of such terminationdamage, except that if such fire or casualty resulted from the gross negligence or willful misconduct of Tenant the Tenant shall have no right to cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to alter the Premises materially, the Landlord may cancel this Lease by notice to the Tenant given at any time within thirty (30) days after the date of such damage. In the event of giving effective notice pursuant to this section, this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinbefore set for the expiration of the Term of this Lease. If this Lease is not so terminated, the Landlord will promptly repair the damage. In the event that Landlord has not completed any such repairs within six (6) months after the date of casualty (as the same may be extended, not to exceed eight [8] months after the date of casualty, due to delays outside Landlord’s reasonable control) (the “Outside Repair Date”), at any time after the Outside Repair Date, but prior to the date that such repairs are completed, Tenant may give notice to Landlord of its intent to terminate this Lease, and if Landlord still fails to complete the repairs within thirty (30) days of Tenant’s notice, Tenant may, as its sole and exclusive remedy, terminate this Lease.
Appears in 1 contract
UNTENANTABILITY. Unless all If the Premises or substantially all any part of the Building is made unfit for occupancy by fire or other casualty, acts of God or other cause, if the Premises shall be partially damaged by fire or other casualty, this Lease shall remain in full force casualty and effect and the if such damage to the Premises shall be repaired by the Landlord, and the rent until such repairs shall be made shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy. Landlord shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s control. If does not render all or substantially all a substantial portion of the Premises or the Building are made unfit for occupancy by fire or other casualtyuntenantable, acts of God or other cause, then Landlord shall repair, proceed to repair and restore with reasonable promptness the Building or rehabilitate the Premises or the Building (excluding leasehold improvements paid for by Tenant) at Landlord’s 's expense, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control. In If any such event, rent shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy, provided that if such repairs are not restored or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, then: (a) Tenant shall have the right to terminate this Lease, as of the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), damage renders all or substantially all a substantial portion of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other causeuntenantable, Landlord may elect shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration of the Building and shall by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed one hundred eighty (180) days from the date such damage occurred, then either Landlord or Tenant (but as to Tenant, only if all or a substantial portion of the Premises are rendered untenantable) shall have the right to terminate this Lease as of the date when of such damage upon giving notice to the Premises or other at any time within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless this Lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the Building and Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or within said one hundred eighty (180) days so made unfit for occupancylong as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. If the Building and/or Premises is not repaired or restored within nine (9) months after the date of such fire or other casualty, then either party may terminate this Lease, effective as of the date of such fire or other casualty, by written notice to Tenant within ninety (90) days after that date unless, within the other party not later than thirty (30) days following receipt after the expiration of Landlord’s notice said nine (9) month period, but prior to terminatesubstantial completion of repair or restoration. Notwithstanding anything to the contrary herein set forth, (a) Landlord shall have no duty pursuant to this Section 14 to repair or restore any tenant improvements, any portion of the alterations, additions or improvements owned or made by Tenant exercises an Option in the Premises, or any personal property of Tenant or to Renew. Any termination expend for any repair or restoration amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration, and (b) Tenant shall not have the right to terminate this Lease pursuant to this Section 15 14 if the damage or destruction was caused by the act or neglect of Tenant, its agents or employees. Landlord shall carry insurance in an amount sufficient to enable it to fulfill its obligations to repair as provided in this Section 14 and shall provide Tenant, at If this Lease shall not be effective as terminated pursuant to this Section, then Tenant shall repair and restore the tenant improvements within a reasonable period of time after the Premises are made available by Landlord for such repair and restoration, such repairs or restorations to be made after taking account of the reasonable wear and tear to the tenant improvements that had occurred prior to the fire or other casualty and of changes in the radio broadcasting business that may cause such improvements to be unsuitable or inappropriate for repair or restoration, it being agreed that Tenant shall not be obligated to repair or restore improvements that would have substantially diminished utility or value to Tenant. 93 In the event any such fire or casualty damage not caused by the act or neglect of Tenant, its agents or employees, renders the Premises or any portion thereof untenantable and if this Lease shall not be terminated pursuant to the foregoing provisions of this Section 14 by reason of such damage, then Base Rent and Rent Adjustments shall abatx xxxing the period beginning with the date of such damage and ending with the date when Landlord substantially completes its repair and restoration work. Such abatement shall be in an amount bearing the same ratio to the total amount of Base Rent and Rent Adjustments for such period as the portion of the Premises were rendered untenantable. In being repaired and restored by Landlord and not theretofore delivered to Tenant bears to the event neither Landlord or Tenant elect to terminate this Lease, Landlord shall proceed to diligently repair, restore or rehabilitate the entire Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairs. In the event of termination of this Lease pursuant to this Section 1514, Annual Base Rent and Rent Adjustments shall be apportioned on a per diem basis up and be paid to the effective date of such terminationthe fire or casualty.
Appears in 1 contract
Samples: Asset Purchase Agreement (Spanish Broadcasting System of New York Inc)
UNTENANTABILITY. Unless all or substantially all Tenant shall give prompt notice to Landlord in case of the Building is made unfit for occupancy by any fire or other casualty, acts damage to the premises. If (a) the premises shall be damaged to the extent of God thirty per cent (30%) or other cause, if more of the cost of replacement thereof during the last two (2) years of the Term or (b) the Building shall be damaged to the extent of fifty per cent (50%) or more of the cost of replacement thereof whether or not the Premises shall be partially damaged damaged, then in either of such events, Landlord shall have the right and option to cancel this Lease by fire written notice within ninety (90) days after the date of such occurrence, and thereupon this Lease shall cease and terminate with the same force and effect as though such date were the date fixed for the expiration of the Term. In such case, Tenant shall vacate and surrender the Premises to Landlord. Tenant's liability for the Rents and other charges reserved hereunder, excluding indemnity obligations of Tenant, shall cease as of the date of such damage or destruction and landlord shall make an equitable refund of any Rents or other casualtycharges paid by Tenant in advance and not earned or accrued. Landlord shall not be liable to repair and replace leasehold improvements unless same are covered pursuant to this Lease, by insurance and then only to the extent of the insurance proceeds received by Landlord therefor. Unless this Lease is terminated by Landlord as aforesaid, this Lease shall remain in full force and effect and the damage parties waive the provisions of any law to the contrary, and Landlord and Tenant agree that the Premises shall be repaired and restored with due diligence to substantially the condition thereof immediately prior to such damage or destruction. In no event shall Landlord be required to replace or restore additions, improvements or alterations to the Premises made by or at the Landlordexpense of Tenant (including construction work in excess of the established standards for the Building) unless Landlord shall have received the proceeds of the insurance policies mentioned under Section 17(B)(i), and the rent until in such repairs event, Landlord's obligation shall be made shall be abated on a per diem basis proportionate limited to the extent and for the period that the Premises are unfit for occupancyamount of such proceeds actually received by Landlord. Landlord shall incur have no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insuranceobligation to replace or restore office furniture or equipment, labor difficulties trade fixtures, merchandise, samples, supplies or any other cause beyond Landlord’s control. If all or substantially all items of Tenant's property in the Premises or the Building are made unfit for occupancy Building. If by reason of such fire or other casualty, acts of God or other cause, Landlord shall repair, restore or rehabilitate casualty the Premises are rendered wholly untenantable, the Rent shall be abated, or if only partially damaged, the Building at Landlord’s expense. In such event, rent Rent shall be abated on a per diem basis proportionate proportionately as to the extent and for the period that the Premises are unfit for occupancy, provided that if such repairs are not restored or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, then: (a) Tenant shall have the right to terminate this Lease, as of the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all portion of the Premises or the Building are made unfit for occupancy by fire or other casualtyrendered untenantable; in either event, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the Premises or the Building are so made unfit for occupancy, by written notice to Tenant within ninety (90) days after that date unless, within until thirty (30) days following receipt of Landlord’s after notice by Landlord to terminate, Tenant exercises an Option to Renew. Any termination of this Lease pursuant to this Section 15 shall be effective as of the date when that the Premises were rendered untenantable. In have been substantially repaired and restored or until Tenant's operations are substantially restored in the event neither Landlord or Tenant elect to terminate this Lease, Landlord shall proceed to diligently repair, restore or rehabilitate the entire Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairs. In the event of termination of this Lease pursuant to this Section 15, Annual Base Rent whichever shall be apportioned on a per diem basis up to the effective date of such terminationoccur sooner.
Appears in 1 contract
UNTENANTABILITY. Unless all or substantially all of the Building is made unfit for occupancy by fire or other casualty, acts of God or other cause, if the Premises shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to the Premises shall be repaired by the Landlord, and the rent until such repairs shall be made shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy. Landlord shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s control18. If all or substantially all of the Demised Premises or the Building building in which they are located are made unfit for occupancy by the elements, fire or other casualty, acts of God or other cause, Landlord shall repair, restore or rehabilitate the Premises or the Building at Landlord’s expense. In such event, rent shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy, provided that if such repairs are not restored or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, then: (a) Tenant shall have the right to terminate this Lease, as of the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date time when the Premises premises or the Building building are so made unfit for occupancy, by written notice to the Tenant within forty five (45) days after that occurrence. In the alternative, Landlord may elect to repair the building or the premises at the Landlord’s expense within ninety (90) days after that date unlessthe Landlord is enabled to take possession of the damaged premises and undertake reconstruction or repairs, within thirty (30) days following receipt of Landlord’s notice to in which event this Lease shall not terminate, Tenant exercises an Option to Renew. Any termination of this Lease pursuant to this Section 15 but rent shall be effective as abated on a per diem basis, prorata, for the portion of the date when Demised Premises rendered unfit for occupancy. If the Premises were rendered untenantable. In the event neither Landlord or Tenant elect elects to terminate this Lease, Landlord shall proceed to diligently so repair, restore or rehabilitate the Premisesbuilding or the premises and does not substantially compete the work within said ninety (90) days period, excluding from said period loss of time caused by the delay beyond the control of the Landlord, then either party may terminate this Lease as of the time when the premises or the building were made unfit for occupancy, by notice to the other party not later than thirty (30) days after expiration of said ninety (90) day period, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairsso computed. In the event of termination of this the Lease pursuant to this Section 15section, Annual Base Rent rent, including any escalation thereof, shall be apportioned on a per diem basis up and shall be paid to the effective date of termination. Anything herein stated to the contrary notwithstanding, in the event that the building in which the Demised Premises are located shall be damaged in any way whatsoever, and the estimated cost of repairing such damage shall exceed one-half (1/2) of the value of the building at the time of the happening of such damage by reason of such damage, the Landlord may decide to demolish said building and rebuild the same and, in such event, the Landlord shall have the right to terminate this Lease by giving to the Tenant thirty (30) days’ written notice of such termination.. FIRE AND CASUALTY INSURANCE
Appears in 1 contract
Samples: Lease Agreement (Energy West Inc)
UNTENANTABILITY. Unless all or substantially all of the Building is made unfit for occupancy by fire or other casualty, acts of God or other cause, if If the Premises shall be partially damaged by fire rue or other casualty, this Lease shall remain in full force and effect and the damage to the Premises shall be repaired by the Landlord, and the rent Rent until such repairs shall be made shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are is unfit for occupancy; provided, however, that there shall be no abatement of Rent if the damage shall have been caused by the fault or neglect of Tenant, or Tenant's agents, contractors, servants, employees, licensees or invites, which shall be without prejudice to any other rights or remedies of Landlord. Landlord shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s 's control. If all or substantially all of the Premises is wholly destroyed or the Building are is made unfit for occupancy by fire rue or other casualty, acts of God or other cause, in Landlord's reasonable judgment, Landlord shall may elect, by written notice to Tenant within ninety (90) days after the casualty date, (1) to terminate this Lease as of the date when the Premises or the building is so destroyed or made unfit for occupancy, or (2) to repair, restore or rehabilitate the Premises or the Building building at Landlord’s expense. In such event's expense within six (6) months after Landlord is able to take possession of the damaged Premises and undertake construction of repairs; and if Landlord elects to so repair, rent restore or rehabilitate the Premises or the building, this Lease shall not terminate, but Rent shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are is unfit for occupancy. In the event Landlord shall proceed under (2) above and shall not substantially complete the work within said six (6) month period (excluding from such period loss of time resulting from delays beyond the reasonable control of Landlord), provided that if such repairs are not restored either Landlord or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, then: (a) Tenant shall have the right to may then terminate this Lease, as of the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the Premises or the Building are building was so made unfit for occupancy, by written notice to Tenant within ninety the other not later than ten (9010) days after that date unlessthe expiration of said six (6) month period, within thirty (30) days following receipt of Landlord’s notice to terminate, Tenant exercises an Option to Renew. Any termination of this Lease pursuant to this Section 15 shall be effective computed as of the date when the Premises were rendered untenantable. In the event neither Landlord or Tenant elect to terminate this Lease, Landlord shall proceed to diligently repair, restore or rehabilitate the Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairsherein provided. In the event of termination of this Lease pursuant to this Section 15paragraph, Annual Base Rent shall be apportioned on a per diem basis up to and including the effective date of such termination, and Tenant shall promptly vacate the Premises and surrender the same to Landlord. If the damage or destruction be due to the fault or neglect of Tenant, or Tenant's agents, contractors, servants, employees, licensees or invites, the debris shall be removed at the expense of Tenant. Notwithstanding anything herein stated to the contrary, Landlord shall in no event be obligated to repair or rebuild if such damage or destruction shall occur during the last one (1) year term of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Kahiki Foods Inc)
UNTENANTABILITY. Unless all If the Premises are made untenantable in whole or substantially all of the Building is made unfit for occupancy in part by fire or other casualty, acts of God or the fixed monthly rent, additional rent and other causecharges, if the Premises shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to the Premises shall be repaired by the Landlord, and the rent until such repairs shall be made or the Lease terminated as hereinafter provided, shall be proportionately abated on a per diem basis proportionate according to the extent and part of the Premises which is reasonably usable by Tenant for the period normal operation of its business. If such damage shall be so extensive that the Premises are unfit for occupancy. cannot be restored by Landlord shall incur no liability on account within a period of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s control. If all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other causefour (4) months, Landlord shall repair, restore or rehabilitate the Premises or the Building at Landlord’s expense. In such event, rent shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy, provided that if such repairs are not restored or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, then: (a) Tenant shall have the right to terminate cancel this Lease, as of the date when the Premises were rendered untenantable, Lease by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the Premises or the Building are so made unfit for occupancy, by written notice to Tenant within ninety (90) days after that date unless, given at any time within thirty (30) days following receipt after the date of Landlord’s such damage. If a portion of the Building other than the Premises shall be so damaged that in the reasonable judgment of Landlord the Building should be restored in such a way as to alter the Premises materially, Landlord may cancel this Lease by notice to terminate, Tenant exercises an Option to Renew. Any termination of this Lease pursuant to this Section 15 shall be effective as of given at any time within thirty (30) days after the date when the Premises were rendered untenantable. In the event neither Landlord or Tenant elect to terminate this Lease, Landlord shall proceed to diligently repair, restore or rehabilitate the Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairssuch damage. In the event of termination of this Lease giving effective notice pursuant to this paragraph, this Lease and the term and the estate hereby granted shall expire on the earlier to occur of (i) the date fifteen (15) days after the giving of such notice and (ii) the date on which Tenant is forced to cease normal operation of its business from the Premises as a result of such damage, as fully and completely as if such date were the date hereinbefore set for the expiration of the term of this Lease. If this Lease is not so terminated, Landlord will promptly (taking into account the time necessary to effectuate a satisfactory settlement with Landlord's insurance company) restore the damage to the Building and/or the Premises, as the case may be. Tenant hereby expressly waives the provisions of Section 15227 of the New York Real Property Law and agrees that the foregoing provisions of this Paragraph 11.01 shall govern and control in lieu thereof. Anything contained in the foregoing to the contrary notwithstanding, Annual Base Rent if the Premises, or any material portion thereof and/or Tenant's reasonable access thereto, and/or Tenant's reasonable use of the Designated Parking Spaces (or reasonable alternative parking facilities) shall be apportioned on a per diem basis up to the effective date of such termination.so damaged or impaired that Tenant's
Appears in 1 contract
UNTENANTABILITY. Unless all If the Premises are made untenantable in whole or substantially all of the Building is made unfit for occupancy in part by fire or other casualtycasualty the Rent, acts of God or other cause, if the Premises shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to the Premises shall be repaired by the Landlord, and the rent until such repairs shall be made shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy. Landlord shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s control. If all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualtylease terminated as hereinafter provided, acts of God or other cause, Landlord shall repair, restore or rehabilitate the Premises or the Building at Landlord’s expense. In such event, rent shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy, provided that if such repairs are not restored or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, then: (a) Tenant shall have the right to terminate this Lease, as of the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the Premises or the Building are so made unfit for occupancy, by written notice to Tenant within ninety (90) days after that date unless, within thirty (30) days following receipt of Landlord’s notice to terminate, Tenant exercises an Option to Renew. Any termination of this Lease pursuant to this Section 15 shall be effective as of the date when the Premises were rendered untenantable. In the event neither Landlord or Tenant elect to terminate this Lease, Landlord shall proceed to diligently repair, restore or rehabilitate the Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairs. In the event of termination of this Lease pursuant to this Section 15, Annual Base Rent shall be apportioned on a per diem basis up according to the effective part of the Premises which is usable by the Tenant, if, but only if, such fire or other casualty be not caused by the fault or negligence of the Tenant, its contractors, agents, or employees. If such damage shall be so extensive that the Premises cannot be restored to the same or better quality condition than the condition prior to the fire or other casualty by the Landlord within a period of three (3) months, either party shall have the right to cancel this lease by notice to the other given at any time within thirty (30) days after the date of such terminationdamage; except that if such fire or casualty resulted from the Tenant's fault or negligence the Tenant shall have no right to cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to alter the Building or Premises materially, the Landlord may cancel this lease by notice to the Tenant given at any time within thirty (30) days after the date of such damage. In the event of giving effective notice pursuant to this Section, this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinbefore set for the expiration of the term of this lease. If this lease is not terminated, the Landlord will promptly repair the damage at the Landlord's expense. Landlord shall not be obligated to repair, restore or replace any fixture improvement, alteration, furniture, personal property, decorations or other property owned installed or made by Tenant, all of which shall be repaired restored or replaced by Tenant.
Appears in 1 contract
Samples: Access Integrated Technologies Inc
UNTENANTABILITY. Unless all In the event the Premises are damaged or substantially all destroyed by fire, or the elements, or any other casualty so that they are unusable by the Tenant, the Landlord shall within forty-five (45) days thereafter make an election to either construct or repair the Premises or may terminate this Lease. The Landlord shall give written notice to the Tenant as to August 10, 2006 Landlord JCO Tenant GC this election. In the event of the Building is made unfit for occupancy by fire or other casualtytermination of this Lease pursuant to this Paragraph, acts of God or other cause, if the Premises rents shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to the Premises shall be repaired by the Landlord, and the rent until such repairs shall be made shall be abated proportioned on a per diem basis proportionate and shall be paid in full to the extent and for the period that the Premises are unfit for occupancy. Landlord shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s control. If all or substantially all date of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord shall repair, restore or rehabilitate the Premises or the Building at Landlord’s expense. In such eventthe event the Landlord restores and repairs the Premises, then the rent payable by the Tenant shall be abated on a per diem basis proportionate to the extent and for the period that number of days in which the Tenant is prevented from operating his business because of such damage or destruction. In the event the Premises are unfit for occupancypartly damaged or destroyed by casualty, provided that if such repairs but are not restored or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed still usable by Landlord and the Tenant, then: (a) the Landlord shall cause such damage to be repaired and the minimum rent payable by Tenant shall have be proportionately abated during the right to period of construction. In the event fifty (50%) or more of the rentable area of the entire Building shall be damaged or destroyed by any casualty, regardless of whether the demised Premises described herein are affected by such casualty, the Landlord may, at its option, terminate this Lease, as of Lease by giving the date when the Premises were rendered untenantable, by notice to Landlord not later than Tenant sixty (60) days from the date Landlord prior written notice, and Tenant acknowledge further provided that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the Premises or the Building are so made unfit for occupancy, by written said notice is delivered to Tenant within ninety (90) days after that date unless, within thirty (30) days following receipt the date of Landlord’s notice such casualty. Rent shall then be adjusted to terminatethe date of termination, unless the Premises are unusable by Tenant exercises an Option to Renew. Any termination as a result of this Lease pursuant to this Section 15 the casualty, in which event rent shall be effective as of adjusted to the date when the Premises were rendered untenantableof casualty. In the event neither the Premises are damaged or destroyed by fire or any other casualty caused by the negligence of Tenant or Tenant's agents, employees, or invitees, Landlord shall, in addition to all other rights and causes of action available to Landlord at law or Tenant elect in equity and all rights under the Lease, have the right to terminate this Lease, the Lease and/or exercise any other remedy available to Landlord shall proceed to diligently repair, restore or rehabilitate the Premises, as improved and supplemented, at Landlord’s expense, as soon as reasonably possible after Landlord is able to take possession of the damaged Premises and undertake reconstruction or repairs. In hereunder in the event of termination of this Lease pursuant to this Section 15, Annual Base Rent shall be apportioned on a per diem basis up to the effective date of such terminationTenant's default.
Appears in 1 contract
