Partial Damage. The term "substantial damage," as used herein, shall refer to damage which is of such a character that in Landlord's reasonable, good faith estimate the same cannot, in ordinary course, be expected to be repaired within 90 calendar days from the time that such repair work would commence. Any damage which is not "substantial damage" is "partial damage."
Partial Damage. “Partial Damage” means damage or destruction to the Premises to the extent that the cost of repair is less than fifty percent (50%) of the fair market value of the Premises immediately prior to such damage or destruction. If at any time during the Term there is Partial Damage, Landlord may, at Landlord’s option, either (i) repair such damage, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease, which termination shall be effective as of the date of the occurrence of such damage.
Partial Damage means if the Premises are damaged or destroyed to the extent that the cost of repair is less than fifty percent (50%) of the then replacement cost of the Premises.
Examples of Partial Damage in a sentence
Partial Damage Where Damage occurs to only part of the Property Our liability shall not exceed the amount which We would have been liable to pay had the Property been wholly destroyed.
Other considerations when settling any claims under this Insurance Partial Damage Where Damage occurs to only part of the Property Our liability shall not exceed the amount which We would have been liable to pay had the Property been wholly destroyed.
In the event of Premises Partial Damage or Premises Total Destruction or a Hazardous Substance Condition for which Lessee is not responsible under this Lease, the Rent payable by Lessee for the period required for the repair, remediation or restoration of such damage shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired, but not to exceed the proceeds received from the Rental Value insurance.
Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party.
All Risks - The Insurance Provided The Company will pay the cost of reinstatement which is 1 the cost of replacement by similar Property where the Property is destroyed 2 the cost of repairing or restoring the damaged portions where the Property is damaged Partial Damage Where Damage occurs to only part of the Property the Company’s liability shall not exceed the amount which the Company would have been liable to pay had the Property been wholly destroyed.
More Definitions of Partial Damage
Partial Damage means any damage to the Building by fire or other casualty that materially interferes with Tenant’s use of the Leased Premises for the Permitted Use other than Substantial Damage.
Partial Damage means damage or destruction that will cost 30% or less of the then-applicable pre-damage value of the Premises to repair. Lessor will notify Lessee in writing within 30 days from the date of the damage or destruction about whether the damage is partial or total. Partial Damage does not include damage to windows, doors, or other similar improvements, or systems that Lessee has the responsibility to repair or replace under the provisions of this Lease.
Partial Damage. The term "
Partial Damage means damage or destruction which does not result in the loss of either (a) fifty percent (50%) or more of the total number of Rentable Square Feet in the Premises or (b) fifty percent (50%) or more of the value of the Premises; and (2) the term "substantial damage" means any damage or destruction exceeding partial damage (including total destruction). All determinations as to the amount of damage, the time required for repair and other issues relating to damage and rebuilding shall be determined by Landlord's architect, whose determination shall be final and binding on Tenant.
Partial Damage. If this Lease is not terminated pursuant to Paragraph B. above, Landlord shall, if the casualty has occurred prior to the final eighteen (18) months of the Lease Term, at its sole cost and risk proceed forthwith to rebuild or repair the building and other improvements substantially to the condition in which they existed prior to such damage, provided that Landlord shall not be obligated to expend for such rebuilding or repair an amount in excess of the insurance proceeds recovered as a result of such damage and in no event shall Landlord be required to repair or replace Tenant's stock in trade, fixtures, furnishings floor coverings or equipment. If the casualty occurs during the final eighteen (18) months of the Lease Term, Landlord shall not be required to rebuild or repair such damage unless the Lease is Renewed Pursuant to the Renewal Term (if any is contained herein) within thirty (30) days from the date of Tenant's delivery of Tenant's written notification of the happening of the damage or within thirty (30) days from the date Landlord has actual knowledge of the damage, whichever comes first. Whereupon, Landlord shall, at its sole cost and risk, proceed forthwith to rebuild or repair such damage, provided that Landlord shall not be obligated to expend for such rebuilding or repair an amount in excess of the insurance proceeds recovered as a result of such damage and in no event shall Landlord be required to repair or replace Tenant's stock in trade, fixtures, furnishings floor coverings or equipment. If the casualty has occurred during the final eighteen (18) months of the Lease Term and if the Lease is not renewed pursuant to the Renewal Term (if any is contained herein), within said thirty (30) day time frame, this Lease shall terminate, at the option of Landlord, and rent shall be abated for the unexpired portion of this Lease, effective as of the date the Leased Premises becomes uninhabitable and Tenant shall be liable for all Fixed Minimum Rent and all additional rent due hereunder through such date. If the Leased Premises and other improvements are to be rebuilt or repaired and are untenantable in whole or in part following such damage, the rent payable hereunder during the period in which they are untenantable shall be adjusted equitably based on the portions of the space that are tenantable and untenantable. In the event that Landlord should fail to substantially complete such rebuilding or repairs within one hundred eighty (180) days from th...
Partial Damage means if the Premises are damaged or destroyed to the extent that the cost of repair is less than fifty percent (50%) of the then replacement cost of the Premises, and the reasonably-estimated period between the event of damage or destruction and completion of repairs is less than or equal to two hundred ten (210) days.
Partial Damage. In case of Partial Damage, wherein part of the cargo is deemed to be unsuitable for use, determination of the same shall be done from samples taken for moisture determination and sampling in the presence of Buyer, Seller, Insurance Surveyor, or their authorised representatives. Buyer shall pay for the quantity actually received at the smelter in usable condition as per the provisions contained herein. Payment shall be made for 100% of the provisional invoice value after adjusting for the full value of the quantity damaged. The value of the quantity damaged should be established from the provisional invoice value by prorating. In case 100% of provisional invoice value has already been drawn, the difference between drawn value and provisional payable value shall be claimed by the Buyer, by raising a Debit Note for the same. This shall be refunded by the Seller within 5 bank working days from the date of Buyer's debit note being faxed to Seller. The final payment will be the difference between final invoice value (based on actually received weight) and the provisional paid value, as described above.