DAMAGE AND/OR DESTRUCTION Sample Clauses

DAMAGE AND/OR DESTRUCTION. (a) Except as specifically provided in this Article, there shall be no reduction or abatement of Rent and the Landlord shall not be liable to the Tenant by reason of any injury to or interference with the Tenant’s business or property arising from fire or other casualty, howsoever caused, or from the making of any repairs resulting therefrom in or to any portion of the Building or the Property. If the Building is damaged or destroyed, the Rent or a proportionate part of the Rent, according to the nature and extent of the damage to the Building, shall xxxxx proportionately based on the damage to the Rentable Area of the Building in comparison to the overall Rentable Area of the Building, until the Building is rebuilt or made fit for occupation by the Tenant and the Landlord shall rebuild or make fit the Building with all due diligence; provided that if, using reasonable diligence, the Building is incapable of being rebuilt or made reasonably fit for occupation within 180 days from the date of damage or destruction (the “Damage Date”), either party may terminate this Lease on notice to the other given within 45 days of the Damage Date.
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DAMAGE AND/OR DESTRUCTION. In the event the premises are damaged and thereby rendered untenable, in whole or in part, it is agreed that Xxxxxx may declare this Lease Agreement terminated without further obligation or payment.
DAMAGE AND/OR DESTRUCTION. 10.1 If, during the term of this Lease, the Building or Demised Premises are destroyed by fire or other cause, or partially destroyed or damaged so that the Landlord shall decide not to restore or rebuild same, whether or not the Demised Premises are damaged, the Landlord may, within ninety (90) days after such fire or other cause, give notice in writing to the Tenant of such decision, whereupon this Lease shall expire forthwith and the Tenant shall within Thirty (30) days surrender the Demised Premises and all interest therein to the Landlord and shall pay rent only up to the time of such surrender. However, if the Landlord shall decide to restore or rebuild the Building and/or Demised Premises, this Lease shall remain in full force and effect and the Landlord agrees that the rent shall be diminished in proportion to the time and the part of the Demised Premises of which the Tenant has been deprived. In no case shall the Landlord be liable to the Tenant for any loss or damage occasioned by such fire or other cause.
DAMAGE AND/OR DESTRUCTION. In the event the Structure(s), and/or the subject property is/are destroyed by fire, wind, water or other casualty, Licensee must repair the Structure(s) to comply with the then-current Florida Building Code. All costs of such repair are at the sole expense of Licensee, and all such repairs must be consistent with Exhibit “B” attached hereto and incorporated herein. This paragraph does not waive Licensee’s obligation to comply with the requirements of the LDC.
DAMAGE AND/OR DESTRUCTION. In the event the premises are damaged and thereby rendered untenable, in whole or in part, it is agreed that Lessee may declare this Lease Agreement terminated without further obligation or payment.
DAMAGE AND/OR DESTRUCTION. In the event that the Demised Premises shall be damaged or destroyed by fire, the elements, or other casualty, then Tenant shall give immediate notice thereof to Landlord, and, except as hereinafter otherwise provided, the Demised Premises shall be repaired or restored by the Landlord as speedily as possible (but due allowance shall be made for any reasonable or unavoidable delay arising in connection with the adjustment of the fire loss or inability to procure labor or materials or any other cause beyond the Landlord's control); provided, however, that in no event shall Landlord be obligated (i) to expend for such repairs or restoration more than the amount of proceeds of insurance actually recovered and made available by any mortgagee of the Building or the Landlord's Property, nor shall Landlord be obligated to repair or restore if not allowed by applicable zoning, building or other such laws or (ii) to repair, reconstruct or replace Tenant's leasehold improvements, furniture, fixtures, equipment or other personal property or goods located upon or within the

Related to DAMAGE AND/OR DESTRUCTION

  • Damage or Destruction If, during the Term of this Agreement, the entire Parking Facility or such portion thereof as shall render the Premises unsuitable for the continued conduct of the Tenant’s and its invitees activities thereon, shall be damaged or destroyed by fire or other casualty, then Landlord shall be entitled to retain all insurance proceeds payable by reason of and with respect to the damage or destruction to the Premises and Landlord shall rebuild or reconstruct the Parking Facility in a commercially reasonable and efficient manner subject to the following terms and conditions: (i) the casualty must be insured under Landlord's insurance policies, and Landlord’s obligation is limited to the extent of the insurance proceeds received by Landlord, (ii) Landlord’s duty to repair and restore the Premises shall not begin until receipt of the insurance proceeds, (iii) Landlord’s lender(s) must permit the insurance proceeds to be used for such repair and restoration, (iv) Landlord shall have no obligation to repair and restore any personal property on the Premises belonging to Tenant or any of Tenant’s employees, contractors, agents or invitees, (v) Landlord shall have no obligation to restore the damage or destruction (or to complete any restoration) during the last year of the Term or of any Option Period if Tenant has delivered notice that it is not renewing the Term of this Agreement pursuant to Section 2.2 or if Tenant has no more extension options pursuant to this Agreement, and (vi) Landlord shall rebuild or reconstruct the Parking Facility to a configuration substantially equivalent to that configuration which existed as of the Commencement Date. During the period in which the Parking is unavailable to a Tenant for any reason caused by Landlord during the Term of this Agreement for a period of more than thirty (30) consecutive days, including, without limitation, any such period during which Landlord is repairing and restoring the Parking Facility, the rental payable by Tenant shall xxxxx. The abatement of the rent shall be the exclusive remedy of Tenant against Landlord in the event of a casualty involving the Premises. Tenant hereby waives all claims against Landlord for any compensation or damage for loss of use of the whole or any part of the Premises and/or for any inconvenience or annoyance occasioned by any casualty and any resulting damage, destruction, repair, or restoration.

  • Damage and Destruction If all or any part of the Premises shall be damaged or destroyed by fire or other casualty, this Lease shall continue in full force and effect, unless terminated as hereinafter provided, and Landlord shall repair, restore or rebuild the Premises to the condition existing at the time of the occurrence of the loss; provided, however, Landlord shall not be obligated to commence such repair, restoration or rebuilding until insurance proceeds are received by Landlord, and Landlord’s obligation hereunder shall be limited to the proceeds actually received by Landlord under any insurance policy or policies, if any, less those amounts (i) which have been required to be applied towards the reduction of any indebtedness secured by a mortgage covering the Premises or any portion thereof, and (ii) which are used to reimburse Landlord for all costs and expenses, including but not limited to attorneys’ fees, incurred by Landlord to recover any such insurance proceeds. Tenant agrees to notify Landlord in writing not less than thirty (30) days prior, to the date Tenant opens for business in the Premises of the actual cost of all permanent leasehold improvements and betterments installed or to be installed by Tenant in the Premises (whether same have been paid for entirely or partially by Tenant), but exclusive of Tenant’s personal property, movable trade fixtures and inventory. Similar notifications shall be given to Landlord not less than thirty (30) days prior to the commencement of any proposed alterations, additions or improvements to the Premises. If Tenant fails to comply, with the foregoing provisions, any loss or damage Landlord shall sustain by reason thereof shall be borne by Tenant and shall be paid immediately by Tenant upon receipt of a xxxx therefore and evidence of such loss, and in addition to any other rights or remedies reserved by Landlord under this Lease, Landlord’s obligations under this Article to repair, replace and/or rebuild the Premises shall be deemed inapplicable, and in lieu thereof, Landlord may, at its election, either restore or require Tenant to restore the Premises to the condition which existed prior to such loss, and in either case Tenant shall pay the cost of such restoration. Tenant covenants and agrees to repair or replace Tenant’s fixtures, furniture, furnishings, floor coverings, equipment and stock in trade and reopen for business in the Premises within thirty (30) days after notice from Landlord that the Premises are ready for re-occupancy. No damage or destruction to the Premises shall allow Tenant to surrender possession of the Premises nor affect Tenant’s liability for the payment of rents or charges or any other covenant herein contained, except as may be specifically provided in this Lease. Notwithstanding anything to the contrary contained in this Section or elsewhere in this Lease, Landlord, at its option, may terminate this Lease by giving Tenant notice thereof within one hundred and eighty (180) days from the date of the casualty if:

  • DAMAGE TO LEASED PREMISES In the event the building housing the Premises shall be destroyed or damaged as a result of any fire or other casualty which is not the result of the intentional acts or neglect of Lessee and which precludes or adversely affects the Lessee’s occupancy of the Premises, then in every such cause, the rent herein set forth shall be abated or adjusted according to the extent to which the leased Premises have been rendered unfit for use and occupation by the Lessee and until the demised Premises have been put in a condition at the expense of the Lessor, at least to the extent of the value and as nearly as possible to the condition of the Premises existing immediately prior to such damage. It is understood, however, in the event of total or substantial destruction to the Premises that in no event shall the Lessor's obligation to restore, replace or rebuild exceed an amount equal to the sum of the insurance proceeds available for reconstruction with respect to said damage.

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