Damage by Fire or Other Casualty. Tenant shall promptly notify Landlord of any damage or destruction of any portion of the Premises (a “Casualty”) and diligently repair or reconstruct such portion of the Premises to a like or better condition than existed prior to such damage or destruction. Any net insurance proceeds payable with respect to the Casualty shall be paid directly to Landlord and, if an Event of Default has not occurred hereunder, may be used for the repair or reconstruction of the applicable portion of the Premises pursuant to Landlord’s disbursement requirements and subject to the provisions of the Facility Mortgage Documents and the release of insurance proceeds by the Facility Mortgagee, if any. If such proceeds are insufficient, Tenant shall provide the required additional funds; if they are more than sufficient, the surplus shall belong and be paid to Tenant. Except as expressly provided in the last sentence of this Section 18, Tenant shall not have any right under this Lease, and hereby waives all rights under applicable law, to xxxxx, reduce or offset Rent by reason of any damage or destruction of any portion of the Premises by reason of an insured or uninsured Casualty. If the Facility Mortgagee does not agree to release all of the insurance proceeds to reimburse Tenant and Landlord does not agree to reimburse Tenant up to the amount of such insurance proceeds in the event of a Casualty that renders the Facility unsuitable for its Permitted Use, Tenant shall have the right to terminate this Lease and remove the Facility from the Portfolio. Upon the removal of the Facility from the Portfolio, this Lease shall be of no further force or affect, except for any obligations or liability of any party hereunder that accrued on or prior to the date of the Casualty. In the event of a Casualty that does not render the Facility unsuitable for its Permitted Use, Tenant shall restore the Facility to substantially the same condition as existed immediately before the partial Casualty in accordance with the provisions of this Section 18, and the Rent shall be reduced on a pro rata basis based upon the number of beds removed from service and otherwise taking into consideration all relevant factors affecting the Facility resulting from such partial Casualty.
Damage by Fire or Other Casualty. (a) If the Premises or Building shall be damaged or destroyed by fire or other casualty, Tenant promptly shall notify Landlord and Landlord, subject to the conditions set forth in this Section 12, shall repair such damage and restore the Premises to substantially the same condition in which they were immediately prior to such damage or destruction, but not including the repair, restoration or replacement of the fixtures or alterations installed by Tenant. Landlord shall notify Tenant in writing, within 30 days after the date of the casualty, if Landlord anticipates that the restoration will take more than 180 days from the date of the casualty to complete; in such event, either Landlord or Tenant may terminate this lease effective as of the date of casualty by giving written notice to the other within 10 days after Landlord's notice. Further, if a casualty occurs during the last 12 months of the Term or any extension thereof, Landlord may cancel this lease unless Tenant has the right to extend the Term for at least 3 more years and does so within 30 days after the date of the casualty.
(b) Landlord shall maintain a 12 month rental coverage endorsement or other comparable form of coverage as part of its fire, extended coverage and special form insurance. Tenant will receive an abatement of its Minimum Annual Rent and Annual Operating Expenses to the extent the Premises are rendered untenantable as determined by the carrier providing the rental coverage endorsement.
Damage by Fire or Other Casualty. (a) If the Premises are damaged by fire, the elements or other casualty not due to the fault or negligence of the Lessee, its visitors or invitees or as a result of the occupancy of the Premises by Lessee, but the Premises are not thereby rendered untenantable only in part, Lessor shall as soon as practicable, cause damage to be repaired with insurance proceeds provided therefore and the rent hall be abated. Said repairs will be done within 120 days of insurance settlement and city approval of repairs proposed.
(b) If the Premises are damaged by fire, the elements, or other casualty not due to the fault or negligence of the Lessee, its visitors or invitees as a result of the occupancy of the Premises by Lessee, and the Premises are rendered untenantable only in part, Lessor shall as soon as practicable, cause the damage to be repaired with insurance proceeds provided therefore and the rent shall be abated during the period the Premises are untenantable in proportion as to the part of the Premises rendered untenantable. Said repairs will be done within 120 days of insurance settlement and city approval of repairs proposed.
(c) If the entire Premises are rendered untenantable by fire, the elements or other casualty not due to the fault or negligence of the Lessee, its visitors or invitees or as a result of the occupancy of the premises by Lessee, the Landlord shall cause such damage to be repaired with insurance proceeds provided therefore and the rent meanwhile shall be abated, provided, however, that Lessor and Lessee shall have notified the other party in writing, of its election not to reconstruct the Premises, and in such event this Lease and the tenancy hereby created shall cease as of the date of the damage to the Premises. Said notice shall be given within sixty (60) days of the date of the damage to the Premises.
(d) Notwithstanding anything contained in this Paragraph, Lessor's obligations or election to repair hereunder shall extend only to the work originally done by the Lessor in the Premises. Lessee shall be obligated to repair and pay for any work required to repair or replace the improvements and installations done by Lessee in the Premises and to repair or replace any of Lessee's personal property located in the Premises.
Damage by Fire or Other Casualty. (a) If the Premises or Building shall be damaged or destroyed by fire or other casualty, Tenant promptly shall notify Landlord and Landlord, subject to the conditions set forth in this Section 12, shall repair such damage and restore the Premises to substantially the same condition in which they were immediately prior to such damage or destruction, but not including the repair, restoration or replacement of the fixtures or alterations installed by Tenant. Landlord shall notify Tenant in writing, within 30 days after the date of the casualty, if Landlord anticipates that the restoration will take more than 180 days from the date of the casualty to complete; in such event, either Landlord or Tenant may terminate this lease effective as of the date of casualty by giving written notice to the other within 10 days after Landlord's notice. Further, if a casualty occurs during the last 12 months of the Term or any extension thereof and Landlord anticipates that restoration will take more than 90 days from the date of the casualty to complete, Landlord may terminate this lease unless Tenant has the right to extend the Term pursuant to this lease and does so within 30 days after the date of the casualty.
(b) Landlord shall maintain a 12 month rental coverage endorsement or other comparable form of coverage as part of its fire, extended coverage and special form insurance. Tenant will receive an abatement of its Minimum Annual Rent and Annual Operating Expenses to the extent the Premises are rendered untenantable, such abatement to be in the proportion that the number of rentable square feet rendered untenantable bears to the total number of rentable square feet in the Premises.
Damage by Fire or Other Casualty. In the event of loss of, or damage to, the Premises or the Building by fire or other casualty, the rights and obligations of the parties hereto shall be as follows:
(a) If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt notice thereof to Landlord, and Landlord, upon receiving such notice, shall proceed promptly and with reasonable diligence, subject to unavoidable delays and a reasonable time for adjustment of insurance losses, to repair, or cause to be repaired, such damage in a manner designed to minimize interference with Tenant's occupancy (but with no obligation to employ labor at overtime or other premium pay rates). If the Premises or any part thereof shall be rendered untenantable by reason of such damage, whether to the Premises or the Building, the Base rent and any additional charges due hereunder shall proportionately xxxxx for the period from the date of such damage to the date when such damage has been repaired for the portion of the Premises rendered untenantable.
(b) If as a result of fire or other casualty more than one-half (1/2) of the Building is rendered untenantable, Landlord within 60 days from the date of such fire or casualty may terminate this Lease by notice to Tenant, specifying a date, not less than 20 nor more than 40 days after the giving of such notice, on which the Term shall expire as fully and completely as if such date were the date herein originally fixed for the expiration of the Term. If the Premises are damaged as a result of fire or other casualty and if the damage to the Premises is so extensive that such damage cannot be substantially repaired within 180 days from the date of the fire or other casualty, either Landlord or Tenant within 30 days from the date of such fire or other casualty may terminate this Lease by notice to the other, specifying a date, not less than 20 nor more than 40 days after the giving of such notice, on which the Term shall expire as fully and completely as if such date were the date originally fixed for the expiration of the Term. If either Landlord or Tenant terminates this Lease, the Base Rent and all other charges due hereunder shall be apportioned as of the date of such fire or other casualty. If neither Landlord or Tenant so elects to terminate this Lease, then Landlord shall proceed to repair the damage to the Building and the damage to the Premises, if any shall have occurred, and the Base Rent and any other charges due hereunde...
Damage by Fire or Other Casualty. Sublessee shall promptly notify Sublessor of any damage or destruction of any portion of the Premises and diligently repair or reconstruct such portion of the Premises to a like or better condition than existed prior to such damage or destruction. Any net insurance proceeds payable with respect to the casualty shall be paid directly to Sublessor and, if an Event of Default has not occurred hereunder, may be used for the repair or reconstruction of the applicable portion of the Premises pursuant to Sublessor's reasonable disbursement requirements and subject to the provisions of the Facility Mortgage Documents and the release of insurance proceeds by the Facility Mortgagee, if any. If such proceeds are insufficient, Sublessee shall provide the required additional funds; if they are more than sufficient, the surplus shall belong and be paid to Sublessee. Sublessee shall not have any right under this Sublease, and hereby waives all rights under applicable law, to xxxxx, reduce or offset rent by reason of any damage or destruction of any portion of the Premises by reason of an insured or uninsured casualty.
Damage by Fire or Other Casualty. In the event the Premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord so as to become partially or totally untenantable, then the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualty.
Damage by Fire or Other Casualty. 34.1. In the event of the damage or destruction of the Demised Premises, Tenant shall forthwith repair or reconstruct the same to a like or better condition than existed prior to such damage or destruction. Subject to any mortgage(s) of the Demised Premises, the net insurance proceeds payable to Landlord and/or Tenant shall be used for the, repair or reconstruction of the Demised Premises.
34.2. The repair or reconstruction of the Demised Premises shall be effected in accordance with Section 11, above.
34.3. In the event the damage or destruction of the Demised Premises is covered by the fire and extended peril insurance Tenant is required to carry pursuant to Section 5.1.2, above, Landlord or Landlord's mortgagee(s) may, but shall not be required to, negotiate the insurance settlement with the insurer if Tenant fails to diligently process and negotiate Tenant's claim with the insurer.
34.4. Subject to the provisions of any mortgage(s) of the Demised Premises, at the election of Landlord, fire and extended peril insurance proceeds (not including proceeds of business interruption insurance, which shall be payable to Tenant except to the extent of rent due under this Lease) shall not be payable to Tenant but shall instead be deposited in escrow with a bank or other financial institution selected by Landlord on terms and in accordance with procedures reasonably satisfactory to Landlord, with funds released during the course and at completion of the repair or reconstruction, upon inspection and approval by Landlord of the completed portion of the repair or reconstruction, and receipt by Landlord of lien waivers from the contractors, subcontractors, and suppliers.
34.5. If there remains any surplus of insurance proceeds after the completion of the repair or reconstruction of the Demised Premises, such surplus shall belong to and be paid to Tenant, subject, however, to the rights of any mortgagee(s) under any mortgage(s) of the Demised Premises.
34.6. In any event during any time that Tenant is unable to use and occupy the Demised Premises or any portion thereof as a result of damage or destruction occurring without fault of Tenant, or as a result of any repairs thereof, the rent hereunder shall be suspended to the extent, and only to the extent, of the proceeds of Tenant's business interruption insurance made available to Landlord.
34.7. Landlord shall have no liability whatsoever with respect to any goods, fixtures, equipment or other personal property of Tena...
Damage by Fire or Other Casualty. If the said premises be destroyed by fire or other casualty this lease shall immediately terminate. In case of partial destruction or damage, so as to render the premises untenantable, as determined by the Government, the Government may terminate the lease by giving written notice to the Lessor within fifteen (15) days thereafter; if so terminated no rent shall accrue to the Lessor after such partial destruction or damage; and if not so terminated the rent shall be reduced proportionately by supplemental agreement hereto effective from the date of such partial destruction or damage.
Damage by Fire or Other Casualty. 19.1 Except as otherwise provided herein, in the event of any damage causing a partial or total destruction of the premises during the term of this Lease from any cause that is an insured risk and provided the repairs can be made under the applicable laws and regulations of governmental authorities, Landlord shall repair said damage promptly; provided, however, that if such destruction or damage is "major destruction or damage," Landlord may terminate this Lease on 90 days' notice to Tenant. "Major destruction or damage" hereunder shall refer to destruction of or damage to the premises, the reasonable cost of repair of which exceeds two hundred fifty thousand dollars ($250,000). During any repair or restoration this Lease shall remain in full force and effect and the rent payable under this Lease shall only be abated to the extent such rent abatements are covered by insurance proceeds.
19.2 If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is less than or equal to One Hundred Fifty Thousand Dollars ($150,000.00) and provided such repairs can be made under the applicable laws and regulations of governmental authorities, Tenant shall pay to Landlord the cost of repairing such damage and Landlord shall cause such repair to be made. If the cause of such damage is not an insured risk, was not caused by the gross negligence or intentional misconduct of Landlord, its agents or servants, and the cost of repair is more than One Hundred Fifty Thousand Dollars ($150,000.00), Tenant may elect not to pay the cost to repair such damage by giving notice at any time within thirty (30) working days after the date of such damage and terminating this Lease as of a date to be specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) working days after the giving of such notice; provided, however, if Landlord elects to pay the additional cost over $150,000 to complete the repairs, Landlord shall proceed to make the repairs and the Lease shall remain in full force and effect. In the event of the giving of such notice of termination, this Lease and all interest of Tenant in the premises shall terminate on the date so specified in such notice, and the rent shall be paid up to date on such termination. Landlord agrees to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. Landlor...
