Common use of DAMAGE BY CASUALTY Clause in Contracts

DAMAGE BY CASUALTY. If, during the Term or previous thereto, the premises shall be destroyed or so damaged by fire or other casualty as to become tenantable, then in such event, at the mutual agreement of Landlord and tenant, this Lease shall terminate from the date of such damage or destruction. Landlord shall exercise this option to so terminate this Lease by notice in writing delivered to Tenant within thirty (30) days after such damage or destruction. Upon such notice, Tenant shall immediately surrender said Premises and all interest therein to Landlord. If both parties do not elect to terminate this Lease, this Lease shall continue in full force and effect, and Landlord shall expeditiously repair the Premises, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, may enter said Premises. In that event rent shall xxxxx in proportion to the extent and duration of untenantablility. In either event, Tenant shall remove all rubbish, debris, merchandise, furniture, equipment and its other personal property within five days after the request by Landlord. If the Premises shall be slightly damaged by fire or other casualty, so as not to render the same untenantable, then Landlord shall expeditiously repair the same and in that case the rent shall still xxxxx. Except for rent abatement as herein provided, no compensation or claim shall be made by or allowed to Tenant by reason of any inconvenience or loss of business arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damage, at which point tenant may terminate this lease completely and xxx for lost business at its sole distraction.

DAMAGE BY CASUALTY. If, during the Term or previous thereto, the premises Premises or the building of which said Premises are a part shall be destroyed or so damaged by fire or other casualty as to become tenantableuntenantability, then in such event, at the mutual agreement option of Landlord and tenantLandlord, this Lease shall terminate from the date of such damage or destruction. Landlord shall exercise this option to so terminate this Lease by notice in writing delivered to Tenant within thirty (30) days after such damage or destruction. Upon such notice, Tenant Xxxxxx shall immediately surrender said Premises and all interest therein to LandlordLandlord and Tenant shall pay rent only to the time of such damage or destruction. If both parties do Landlord does not elect to terminate this Lease, this Lease shall continue in full force and effect, and Landlord shall expeditiously repair the Premises, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, may enter said Premises. In that event rent shall xxxxx in proportion to the extent and duration of untenantablility. In either event, Tenant shall remove all rubbish, debris, merchandise, furniture, equipment and its other personal property within five days after the request by Landlord. (b) If the Premises shall be slightly damaged by fire or other casualty, so as not to render the same untenantable, then Landlord shall expeditiously repair the same and in that case the rent shall still not xxxxx. Except for rent abatement as herein provided, no compensation or claim shall be made by or allowed to Tenant by reason of any inconvenience or loss of business arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damage, at which point tenant may terminate this lease completely and xxx for lost business at its sole distractionPremises.

DAMAGE BY CASUALTY. If, during the Term or previous thereto, the premises Premises or the building of which said Premises are a part shall be destroyed or so damaged by fire or other casualty as to become tenantableuntenantable, then in such event, at the mutual agreement option of Landlord and tenantLandlord, this Lease shall terminate from the date of such damage or destruction. Landlord shall exercise this option to so terminate this Lease by notice in writing delivered to Tenant within thirty (30) days after such damage or destruction. Upon such notice, Tenant shall immediately surrender said Premises and all interest therein to Landlord, and Tenant shall pay rent only to the time of such damage or destruction. If both parties do Landlord does not elect to terminate this Lease, this Lease shall continue in full force and effect, and Landlord shall expeditiously repair the Premises, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, may enter said Premises. In that event rent shall xxxxx in proportion to the extent and duration of untenantablility. In either event, Tenant shall remove all rubbish, debris, merchandise, furniture, equipment and its other personal property within five days after the request by Landlord. (b) If the Premises shall be slightly damaged by fire or other casualty, so as not to render the same untenantable, then Landlord shall expeditiously repair the same and in that case the rent shall still not xxxxx. Except for rent abatement as herein provided, no compensation or claim shall be made by or allowed to Tenant by reason of any inconvenience or loss of business arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damage, at which point tenant may terminate this lease completely and xxx for lost business at its sole distractionPremises.

DAMAGE BY CASUALTY. IfIn case, during the Term term created or previous thereto, the premises hereby let, or the building of which said premises are a part, shall be destroyed or shall be so damaged by fire or other casualty casualty, as to become tenantableuntenantable, then in such event, at the mutual agreement option of Landlord the LESSOR, the term hereby created shall cease, and tenant, this Lease lease shall terminate become null and void from the date of such damage or destruction. Landlord destruction and the LESSEE shall immediately surrender said premises and all interest therein to LESSOR, and LESSEE shall pay rent within said term only to the time of such surrender; provided, however, that LESSOR shall exercise this such option to so terminate this Lease lease by notice in writing delivered to Tenant LESSEE within thirty (30) days after such damage or destruction. Upon such notice, Tenant In 4 case LESSOR shall immediately surrender said Premises and all interest therein to Landlord. If both parties do not so elect to terminate this Leaselease, in such event, this Lease lease shall continue in full force and effect, effect and Landlord the LESSOR shall expeditiously repair the Premisesleased premises with all reasonable promptitude, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, purpose may enter said Premises. In that event premises and rent shall xxxxx in abatx xx proportion to the extent and duration of untenantablilityuntenantability. In either event, Tenant event LESSEE shall remove all rubbish, debris, merchandise, furniture, equipment and other of its other personal property property, within five days after the request by Landlordof the LESSOR. If the Premises leased premises shall be but slightly damaged injured by fire or other casualtythe elements, so as not to render the same untenantableuntenantable and unfit for occupancy, then Landlord the LESSOR shall expeditiously repair the same with all reasonable promptitude, and in that case the rent shall still xxxxxnot abatx. Except for rent abatement as herein provided, no Xx compensation or claim shall be made by or allowed to Tenant the LESSEE by reason of any inconvenience or loss of business annoyance arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damageleased premises, at which point tenant however the necessity may terminate this lease completely and xxx for lost business at its sole distractionoccur.

DAMAGE BY CASUALTY. If, during the Term or previous thereto, the premises shall be destroyed or so damaged by fire or other casualty as to become tenantableuntenantable, then in such event, at the mutual agreement option of Landlord and tenantLandlord, this Lease shall terminate from the date of such damage or destruction. Landlord shall exercise this option to so terminate this Lease by notice in writing delivered to Tenant within thirty (30) days after such damage or destruction. Upon such notice, Tenant Xxxxxx shall immediately surrender said Premises and all interest therein to Landlord, and Tenant shall pay rent only to the time of such damage or destruction. If both parties do Landlord does not elect to terminate this Lease, this Lease shall continue in full force and effect, and Landlord shall expeditiously repair the Premises, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, may enter said Premises. In that event rent shall xxxxx in proportion to the extent and duration of untenantablility. In either event, Tenant shall remove all rubbish, debris, merchandise, furniture, equipment and its other personal property within five days after the request by Landlord. If the Premises shall be slightly damaged by fire or other casualty, so as not to render the same untenantable, then Landlord shall expeditiously repair the same and in that case the rent shall still not xxxxx. Except for rent abatement as herein provided, no compensation or claim shall be made by or allowed to Tenant by reason of any inconvenience or loss of business arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damage, at which point tenant may terminate this lease completely and xxx for lost business at its sole distractionPremises.

DAMAGE BY CASUALTY. If, during In case the Term or previous thereto, the leased premises shall be destroyed or shall be so damaged by fire or other casualty casualty, as to become tenantableuntenantable, then in such event, at the mutual agreement option of Landlord and tenantthe Lessor, this Lease lease shall terminate from the date of such damage or destructiondestruction and Lessee shall immediately surrender such premises and all interest therein to Lessor, and Lessee shall pay rent only to the time of such surrender. Landlord Lessor shall exercise this such option to so terminate this Lease lease by notice in writing delivered to Tenant Lessee within thirty (30) days after such damage or destruction. Upon such notice, Tenant In case Lessor shall immediately surrender said Premises and all interest therein to Landlord. If both parties do not elect to terminate this Leaselease in such event, this Lease lease shall continue in full force and effect, effect and Landlord Lessee shall expeditiously repair the Premisesleased premises with all reasonable promptness, placing the same in as good a condition as they were at the time of the damage or destruction, destruction and for that purposethe purpose of inspection, Lessor may enter said Premises. In that event rent shall xxxxx in proportion to the extent and duration of untenantablilitysuch premises. In either event, Tenant Lessee shall remove all rubbish, debris, merchandise, furniture, equipment equipment, and its other personal property property, within five fifteen (15) days after the request by Landlordof Lessor. If the Premises lease premises shall be only slightly damaged injured by fire or other casualtyof the elements, so as not to render the same untenantableuntenantable and unfit for occupancy, then Landlord Lessee shall expeditiously repair the same and in that case the rent shall still xxxxxwith all reasonable promptness. Except for rent abatement as herein provided, no No compensation or claim shall be made by or allowed to Tenant Lessee by reason of any inconvenience or loss of business annoyance arising from the necessity of repairing any portion of the building leased premises, however the necessity may occur. SECTION FIFTEEN – PUBLIC REQUIREMENTS Lessee shall comply with all laws, orders, ordinances, and other public requirements now or hereafter affecting the premises or the Premises unless landlord does use thereof, and save Lessor harmless from expense or damage resulting from failure to do so. The leased premises are not begin repairs exempted from compliance with zoning or any other municipal codes or ordinances nor from any other requirements of law due to title being in xxxxxxx within one week the name of damage, at which point tenant may terminate this lease completely and xxx for lost business at its sole distractionthe Lessor.

DAMAGE BY CASUALTY. IfIn case, during the Term or previous thereto, the Premises hereby let, or the building of which said premises are a part, shall be destroyed or shall be so damaged by fire or other casualty as to become tenantableuntenantable, then in such event, at the mutual agreement option of Landlord Landlord, the Term shall cease and tenant, this Lease shall terminate become null and void from the date of such damage or destruction. destruction and Tenant shall immediately surrender said Premises and all interest therein to Landlord, and Tenant shall pay rent within said Term only to the time of such surrender; provided, however, that Landlord shall exercise this such option to so terminate this Lease by notice in writing delivered to Tenant within thirty (30) days after such damage or destruction. Upon such notice, Tenant In case Landlord shall immediately surrender said Premises and all interest therein to Landlord. If both parties do not so elect to terminate this Lease, this Lease shall continue in full force and effect, effect and Landlord shall expeditiously repair the PremisesPremises with all reasonable promptitude, and in any event complete the same within 180 days of commencement, placing the same in as good a condition as they were at the time of the damage or destruction, destruction and for that purpose, purpose may enter said Premises. In that event Premises and rent shall xxxxx in proportion to the extent and duration of untenantablilityuntenantability. In either event, Tenant shall remove all tenant's rubbish, debris, merchandise, furniture, equipment and other of its other personal property property, within five twenty days after the request by of Landlord. If the Premises shall be but slightly damaged injured by fire or other casualty, so as not to render the same untenantableuntenantable and unfit for occupancy, then Landlord shall expeditiously repair the same with all reasonable promptitude to substantially the same utility and use, and in that case the rent shall still not xxxxx. Except for rent abatement as herein providedprovided herein, no compensation or of claim shall be made by or allowed to Tenant by reason of any inconvenience or loss of business annoyance arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damagePremises, at which point tenant however the necessity may terminate this lease completely and xxx for lost business at its sole distractionoccur.

DAMAGE BY CASUALTY. IfIn case, during the Term term created or previous thereto, the premises hereby let, or the building of which said premises are a part, shall be destroyed or shall be so damaged by fire or other casualty as to become tenantableuntenantable, then in such event, at the mutual agreement option of Landlord the LESSOR, the term hereby created shall cease, and tenant, this Lease lease shall terminate become null and void from the date of such damage or destruction. Landlord destruction and the LESSEE shall immediately surrender said premises and all interest therein to LESSOR, and LESSEE shall pay rent within said term only to the time of such surrender, provided, however, that LESSOR shall exercise this such option to so terminate this Lease lease by notice in writing delivered to Tenant LESSEE within thirty (30) days after such damage or destruction. Upon such notice, Tenant In case LESSOR shall immediately surrender said Premises and all interest therein to Landlord. If both parties do not so elect to terminate this Leaselease, in such event, this Lease lease shall continue in full force and effect, effect and Landlord the LESSOR shall expeditiously repair the Premisespremises with all reasonable promptitude, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, purpose may enter said Premises. In that event premises and rent shall xxxxx abate in proportion to the extent exxxxx and duration of untenantablilityuntenantability. In either event, Tenant event LESSEE shall remove all rubbish, debris, merchandise, furniture, equipment and other of its other personal property property, within five days after the request by Landlordof the LESSOR. If the Premises premises shall be but slightly damaged injured by fire or other casualty, so as not to render the same untenantableuntenantable and unfit for occupancy, then Landlord the LESSOR shall expeditiously repair the same with all reasonable promptitude, and in that case the rent shall still xxxxxnot abate. Except for rent abatement as herein provided, no No compensation or claim shall clxxx xhall be made by or allowed to Tenant the LESSEE by reason of any inconvenience or loss of business annoyance arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damagepremises, at which point tenant however the necessity may terminate this lease completely and xxx for lost business at its sole distractionoccur.

DAMAGE BY CASUALTY. IfIn case, during the Term term created or previous thereto, the premises hereby let, or the building of which said premises are a part, shall be destroyed or shall be so damaged by fire or other casualty as to become tenantableuntenantable, then in such event, at the mutual agreement option of Landlord the LESSOR, the term hereby created shall cease, and tenant, this Lease lease shall terminate become null and void from the date of such damage or destruction. Landlord destruction and the LESSEE shall immediately surrender said premises and all interest therein to LESSOR, and LESSEE shall pay rent within said term only to the time of such surrender, provided, however, that LESSOR shall exercise this such option to so terminate this Lease lease by notice in writing delivered to Tenant LESSEE within thirty (30) days after such damage or destruction. Upon such notice, Tenant In case LESSOR shall immediately surrender said Premises and all interest therein to Landlord. If both parties do not so elect to terminate this Leaselease, in such event, this Lease lease shall continue in full force and effect, effect and Landlord the LESSOR shall expeditiously repair the Premisespremises with all reasonable promptitude, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, purpose may enter said Premises. In that event premises and rent shall xxxxx abate in proportion to the extent and duration of untenantablility. untenantability, In either event, Tenant xxxxer event LESSEE shall remove all rubbish, debris, merchandise, furniture, equipment and other of its other personal property property, within five days after the request by Landlordof the LESSOR. If the Premises premises shall be but slightly damaged injured by fire or other casualty, so as not to render the same untenantableuntenantable and unfit for occupancy, then Landlord the LESSOR shall expeditiously repair the same with all reasonable promptitude, and in that case the rent shall still xxxxxnot abate. Except for rent abatement as herein provided, no No compensation or claim shall be made by or allowed to Tenant the LEXXXX by reason of any inconvenience or loss of business annoyance arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damagepremises, at which point tenant however the necessity may terminate this lease completely and xxx for lost business at its sole distractionoccur.

DAMAGE BY CASUALTY. If, during the Term or previous thereto, the premises Premises or the building of which said Premises are a part shall be destroyed or so damaged by fire or other casualty as to become tenantableuntenantable, then in such event, at the mutual agreement option of Landlord and tenantLandlord, this Lease shall terminate from the date of such damage or destruction. Landlord shall exercise this option to so terminate this Lease by notice in writing delivered to Tenant within thirty (30) days after such damage or destruction. Upon such notice, Tenant Xxxxxx shall immediately surrender said Premises and all interest therein to Landlord, and Tenant shall pay rent only to the time of such damage or destruction. If both parties do Landlord does not elect to terminate this Lease, this Lease shall continue in full force and effect, and Landlord shall expeditiously repair the Premises, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, may enter said Premises. In that event rent shall xxxxx in proportion to the extent and duration of untenantablility. In either event, Tenant shall remove all rubbish, debris, merchandise, furniture, equipment and its other personal property within five days after the request by Landlord. (b) If the Premises shall be slightly damaged by fire or other casualty, so as not to render the same untenantable, then Landlord shall expeditiously repair the same and in that case the rent shall still not xxxxx. Except for rent abatement as herein provided, no compensation or claim shall be made by or allowed to Tenant by reason of any inconvenience or loss of business arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damage, at which point tenant may terminate this lease completely and xxx for lost business at its sole distractionPremises.

DAMAGE BY CASUALTY. IfThroughout the term of this Lease, during Lessor shall maintain commercial property insurance policy with a special broad causes of loss from (formerly known as "all risk" insurance) covering the Term Building (including the Premises), with an agreed amount endorsement, in an amount not less than the full replacement cost of the Building, subject to a customary deductible limit not greater than $10,000.00. The proceeds of such insurance shall be received in trust and applied to the repair and reconstruction of the Building (including repairs to the Premises). In case the Premises or previous thereto, the premises Building shall be destroyed or shall be so damaged by fire or other casualty as to become tenantableuntenantable, then in such event, at the mutual agreement of Landlord and tenant, all rent otherwise accruing under this Lease shall terminate xxxxx until the damage is repaired or restored and, if this Lease shall be terminated in the manner provided below, from the date of such damage or destruction. Landlord shall exercise this option to so terminate this Lease by notice in writing delivered to Tenant within thirty (30) days after such damage or destruction. Upon such notice, Tenant destruction and Lessee shall immediately surrender said the Premises and all interest therein to LandlordLessor, and Lessee shall pay Rent only to the time of such fire or casualty. If both parties do Notwithstanding the above, Lessor shall be obligated to rebuild the Building (including the Premises) to the extent that insurance proceeds (together with the so-called "deductible") will cover the cost of the rebuilding and restoration. In the event Lessor has not elect to terminate started rebuilding within three (3) months of damage or completed construction within seven (7) months of damage, Lessee, at Lessee's option, may cancel this LeaseLease provided such damage was not caused by Lessee. In case this Lease is not so terminated, this Lease shall continue in full force and effect, effect and Landlord the Lessor shall expeditiously repair the PremisesBuilding and the Premises with all reasonable promptness, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, purpose may enter said Premises. In that event such event, rent shall xxxxx in proportion to the extent and duration of untenantablilityuntenantability. In either event, Tenant Lessee shall remove all rubbish, debris, merchandise, furniture, equipment and other of its other personal property property, within five ten (10) days or less after the request by Landlordof the Lessor. If the Premises shall be but slightly damaged injured by fire or other casualty, so as not to render the same untenantableuntenantable and unfit for occupancy, then Landlord the Lessor shall expeditiously repair the same with all reasonable promptness, and in that case the rent shall still not xxxxx. Except for rent abatement as herein provided, no No compensation or claim shall be made by or allowed to Tenant the Lessee by reason of any inconvenience or loss of business annoyance arising from the necessity of repairing any portion of the building Building or the Premises, however this necessity may occur. Notwithstanding anything to the contrary herein set forth, but provided that Lessor maintains the insurance required under this Paragraph 1 2, Lessor shall not be obligated to repair or restore the Premises unless landlord does or the Building if the damage or destruction is due to an uninsured casualty or to the extent that any Mortgagee applies proceeds of insurance to reduce its loan balance and the remaining proceeds available to Lessor plus the "deductible" amount and any self insured amounts are not begin repairs in xxxxxxx within one week of damage, at which point tenant may terminate this lease completely and xxx sufficient to pay for lost business at its sole distractionsuch repair or restoration.

DAMAGE BY CASUALTY. If, during the Term or previous thereto, the premises Premises or the building of which said Premises are a part shall be destroyed or so damaged by fire or other casualty as to become tenantableuntenantability, then in such event, at the mutual agreement option of Landlord and tenantLandlord, this Lease shall terminate from the date of such damage or destruction. Landlord shall exercise this option to so terminate this Lease by notice in writing delivered to Tenant within thirty (30) days after such damage or destruction. Upon such notice, Tenant shall immediately surrender said Premises and all interest therein to LandlordLandlord and Tenant shall pay rent only to the time of such damage or destruction. If both parties do Landlord does not elect to terminate this Lease, this Lease shall continue in full force and effect, and Landlord shall expeditiously repair the Premises, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, may enter said Premises. In that event rent shall xxxxx in proportion to the extent and duration of untenantablility. In either event, Tenant shall remove all rubbish, debris, merchandise, furniture, equipment and its other personal property within five days after the request by Landlord. (b) If the Premises shall be slightly damaged by fire or other casualty, so as not to render the same untenantable, then Landlord shall expeditiously repair the same and in that case the rent shall still not xxxxx. Except for rent abatement as herein provided, no compensation or claim shall be made by or allowed to Tenant by reason of any inconvenience or loss of business arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damage, at which point tenant may terminate this lease completely and xxx for lost business at its sole distractionPremises.

DAMAGE BY CASUALTY. IfIn case, during the Term term created or previous thereto, the premises hereby let, or the building of which said premises are a part, shall be destroyed or shall be so damaged by fire or other casualty as to become tenantableuntenantable, then in such event, at the mutual agreement option of Landlord the LESSOR, the term hereby created shall cease, and tenant, this Lease lease shall terminate become null and void from the date of such damage or destruction. Landlord destruction and the LESSEE shall immediately surrender said premises and all interest therein to LESSOR, and LESSEE shall pay rent within said term only to the time of such surrender, provided, however, that LESSOR shall exercise this such option to so terminate this Lease lease by notice in writing delivered to Tenant LESSEE within thirty (30) days after such damage or destruction. Upon such notice, Tenant In case LESSOR shall immediately surrender said Premises and all interest therein to Landlord. If both parties do not so elect to terminate this Leaselease, in such event, this Lease lease shall continue in full force and effect, effect and Landlord the LESSOR shall expeditiously repair the Premisespremises with all reasonable promptitude, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, purpose may enter said Premises. In that event premises and rent shall xxxxx abate in proportion to the extent and duration of untenantablilityuntenantability. In either event, Tenant xxxxer event LESSEE shall remove all rubbish, debris, merchandise, furniture, equipment and other of its other personal property property, within five days after the request by Landlordof the LESSOR. If the Premises premises shall be but slightly damaged injured by fire or other casualty, so as not to render the same untenantableuntenantable and unfit for occupancy, then Landlord the LESSOR shall expeditiously repair the same with all reasonable promptitude, and in that case the rent shall still xxxxxnot abate. Except for rent abatement as herein provided, no No compensation or claim shall be made by or allowed to Tenant the LEXXXX by reason of any inconvenience or loss of business annoyance arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damagepremises, at which point tenant however the necessity may terminate this lease completely and xxx for lost business at its sole distractionoccur.

DAMAGE BY CASUALTY. IfIn case, during the Term term created or previous thereto, the premises hereby let, or the building of which said premises are a part, shall be destroyed or shall be so damaged by fire or other casualty as to become tenantableuntenantable, then in such event, at the mutual agreement option of Landlord the LESSOR, the term hereby created shall cease, and tenant, this Lease lease shall terminate become null and void from the date of such damage or destruction. Landlord destruction and the LESSEE shall immediately surrender said premises and all interest therein to LESSOR, and LESSEE shall pay rent within said term only to the time of such surrender, provided, however, that LESSOR shall exercise this such option to so terminate this Lease lease by notice in writing delivered to Tenant LESSEE within thirty (30) days after such damage or destruction. Upon such notice, Tenant In case LESSOR shall immediately surrender said Premises and all interest therein to Landlord. If both parties do not so elect to terminate this Leaselease, in such event, this Lease lease shall continue in full force and effect, effect and Landlord the LESSOR shall expeditiously repair the Premisespremises with all reasonable promptitude, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, purpose may enter said Premises. In that event premises and rent shall xxxxx in proportion to the extent and duration of untenantablilityuntenantability. In either event, Tenant event LESSEE shall remove all rubbish, debris, merchandise, furniture, equipment and other of its other personal property property, within five days after the request by Landlordof the LESSOR. If the Premises premises shall be but slightly damaged injured by fire or other casualty, so as not to render the same untenantableuntenantable and unfit for occupancy, then Landlord the LESSOR shall expeditiously repair the same with all reasonable promptitude, and in that case the rent shall still not xxxxx. Except for rent abatement as herein provided, no No compensation or claim shall be made by or allowed to Tenant the LESSEE by reason of any inconvenience or loss of business annoyance arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damagepremises, at which point tenant however the necessity may terminate this lease completely and xxx for lost business at its sole distractionoccur.

DAMAGE BY CASUALTY. (a) If, during the Term or previous thereto, the premises Premises or the building of which said Premises are a part shall be destroyed or so damaged by fire or other casualty as to become tenantableuntenantable, then in such event, at the mutual agreement option of Landlord and tenantLessor, this Lease shall terminate from the date of such damage or destruction. Landlord Lessor shall exercise this option to so terminate this Lease by notice in writing delivered to Tenant Lessee within thirty (30) days after such damage or destruction. Upon such notice, Tenant Lessee shall immediately surrender said Premises and all interest therein to LandlordLessor, and Lessee shall pay rent only to the time of such damage or destruction. If both parties do Lessor does not elect to terminate this Lease, this Lease shall continue in full force and effect, and Landlord Lessor shall expeditiously repair the Premises, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, may enter said Premises. In that event rent shall xxxxx axxxx in proportion to the extent and duration of untenantablilityuntenantability. In either event, Tenant Lessee shall remove all rubbish, debris, merchandise, furniture, equipment and its other personal property within five days after the request by LandlordLessor. (b) If the Premises shall be slightly damaged by fire or other casualty, so as not to render the same untenantable, then Landlord Lessor shall expeditiously repair the same and in that case the rent shall still xxxxxnot axxxx. Except for rent abatement as herein provided, no compensation or claim shall be made by or allowed to Tenant Lessee by reason of any inconvenience or loss of business arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damage, at which point tenant may terminate this lease completely and xxx for lost business at its sole distractionPremises.

DAMAGE BY CASUALTY. IfIn case, during the Term or previous thereto, the premises Premises hereby let, or the building of which said Premises are a part, shall be destroyed or shall be so damaged by fire or other casualty as to become tenantableuntenantable, then in such event, at the mutual agreement option of Landlord Landlord, the Term shall cease and tenant, this Lease shall terminate become null and void from the date of such damage or destruction. destruction and Tenant shall immediately surrender said Premises and all interest therein to Landlord, and Tenant shall pay rent within said Term only to the time of such surrender; provided, however, that Landlord shall exercise this such option to so terminate this Lease by notice in writing delivered to Tenant within thirty (30) days after such damage or destruction. Upon such notice, Tenant In case Landlord shall immediately surrender said Premises and all interest therein to Landlord. If both parties do not so elect to terminate this Lease, this Lease shall continue in full force and effect, effect and Landlord shall expeditiously repair the PremisesPremises with all reasonable promptitude, placing the same in as good a condition as they were at the time of the damage or destruction, and for that purpose, purpose may enter said Premises. In that event Premises and rent shall xxxxx in abatx xx proportion to the extent and duration of untenantablilityuntenantability. In either event, Tenant shall remove all rubbish, debris, merchandise, furniture, equipment and other of its other personal property property, within five days after the request by of Landlord. If the Premises shall be but slightly damaged injured by fire or other casualty, so as not to render the same untenantableuntenantable and unfit for occupancy, then Landlord shall expeditiously repair the same with all reasonable promptitude, and in that case the rent shall still xxxxxnot abatx. Except for rent abatement Xxcept as herein providedprovided herein, no compensation or claim shall be made by or allowed to Tenant by reason of any inconvenience or loss of business annoyance arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damagePremises, at which point tenant however the necessity may terminate this lease completely and xxx for lost business at its sole distractionoccur.

DAMAGE BY CASUALTY. If, during the Term term hereof, or previous thereto, the premises Premises or any building of which the Premises are a part, shall be destroyed become untenantable or so otherwise damaged by fire virtue of damage by fire, explosion, providential means, or any other casualty as to become tenantablecasualty, then and (in such event, at the mutual agreement case of Landlord and tenant, this Lease shall terminate from untenantability) if the Premises or building can be reasonably repaired within one hundred eighty (180) days after date of such damage or destruction. Landlord damage, Lessor shall exercise this option to so terminate this Lease by notice in writing delivered to Tenant within thirty (30) days after such damage or destruction. Upon such notice, Tenant shall immediately surrender said Premises and all interest therein to Landlord. If both parties do not elect to terminate this Lease, this Lease shall continue in full force and effect, and Landlord shall expeditiously repair the PremisesPremises as soon as practicable with due diligence, placing the same in as good a condition as they were at just before such damage, and rent shall xxxxx pro rata and in proportion to untenantability of the Premises from the time of such damage until restoration of the Premises by Lessor. In the case of untenantability, if the Premises or building cannot be repaired within one hundred eighty (180) days after the date of such damage, then either Lessor or Lessee may terminate this Lease by written notice to the other party in which event the term hereby created shall terminate as of the date of such damage and rent shall cease as of the date of such damage, with proportionate refund of any prepayment, on condition Lessee forthwith surrenders the Premises to Lessor. It is further agreed that the period for reconstruction shall be extended for such time during which strikes, riots, civil commotion, governmental intervention, acts of God or destructionany other contingency beyond Lessor's control, shall delay the construction. In the case of such damage, whether this Lease is thereby terminated or not, Lessee shall remove all of the rubbish and debris of Lessee's property within five (5) days after written request by Lessor, and if this Lease is not thereby terminated, Lessee shall not do anything to hinder or delay Lessor's work of repair, and will cooperate with Lessor in such work. Lessor shall not be liable for inconvenience to Lessee by making repairs to any part of the Premises or building, nor for the restoration of any improvements made by Lessee, nor for the restoration of any property of Lessee. Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises requires that purposethe insurance proceeds be applied to such indebtedness, may enter then Lessor shall have the right to terminate this Lease by delivering written notice of termination to Lessee, whereupon all rights and obligations hereunder shall cease and terminate, except for Lessee's option to purchase the Premises hereafter set forth. Lessor agrees to use its best efforts to see that the holder of any such indebtedness does not require that insurance proceeds be applied to indebtedness. For the purposes of this Lease, said Premises. In that event rent Premises shall xxxxx in proportion be considered tenantable so long as and to the extent and duration of untenantablilitythat they are occupied. In either eventthe event Lessor terminates this Lease under the provisions of this Paragraph 14, Tenant then Lessee shall remove all rubbish, debris, merchandise, furniture, equipment and its other personal property within five days after the request by Landlord. If have an option to purchase the Premises shall be slightly damaged by fire or other casualty, so as not to render under the same untenantable, then Landlord shall expeditiously repair the same following terms and in that case the rent shall still xxxxx. Except for rent abatement as herein provided, no compensation or claim shall be made by or allowed to Tenant by reason of any inconvenience or loss of business arising from the necessity of repairing any portion of the building or the Premises unless landlord does not begin repairs in xxxxxxx within one week of damage, at which point tenant may terminate this lease completely and xxx for lost business at its sole distraction.conditions: