Common use of DAMAGE BY CASUALTY Clause in Contracts

DAMAGE BY CASUALTY. In the event the Leased Premises or other parts of the Building are damaged by fire or other casualty, Landlord, unless it elects to terminate this Lease as provided hereafter, shall repair the damage with reasonable dispatch after notice thereof. The obligation of Landlord hereunder shall not include any leasehold improvements which were not Landlord's original responsibility. Repair by Landlord for any damage caused by carelessness, negligence or improper conduct of Tenant, its agents, employees, visitors or licensees shall not prejudice any right of Landlord or its insurer. If the Leased Premises is so damaged by fire or other casualty that they are untenantable but are, nevertheless, repaired by Landlord, the rent shall be adjusted for the time during which and the extent to which the Leased Premises may have been untenantable. If such repairs are delayed because of Tenant's failure to adjust Tenant's own insurance claim or because of Tenant's failure to remove its damaged property, no reduction shall be made beyond a reasonable time allowed for such adjustment or removal. If the fire or casualty to the Leased Premises is caused by carelessness, negligence, or improper conduct by Tenant, or its agents, employees, visitors or licensees, then, notwithstanding such damage, Tenant shall be liable for the rent, during the unexpired portion of the term of this Lease, without abatement, unless Landlord elects to terminate this Lease as provided hereafter. If Landlord, in its uncontrolled discretion, shall decide within a reasonable time after any fire or other casualty (even though the Leased Premises may not have been affected by such fire or casualty), not to repair, rebuild or reconstruct the Building containing the Leased Premises, then, upon written notice given by Landlord to Tenant, this Lease shall terminate on a date specified

DAMAGE BY CASUALTY. In the event Should a substantial portion of the Leased Premises Property, or other parts of the Building are Property, be substantially damaged by fire or other casualty, LandlordLandlord may elect to terminate this Lease. When such fire or casualty renders the Leased Property substantially unsuitable for its intended use, unless it elects a just and proportionate abatement of rent shall be made. Further, within thirty (30) days after such fire or other casualty, Landlord shall give written notice to Tenant with respect to whether or not Landlord will restore the Leased Property. Tenant may elect to terminate this Lease as provided hereafter, shall repair the damage with reasonable dispatch after notice thereof. The obligation of if either (a) Landlord hereunder shall notifies Tenant that Landlord has elected not include any leasehold improvements which were not Landlord's original responsibility. Repair by Landlord for any damage caused by carelessness, negligence or improper conduct of Tenant, its agents, employees, visitors or licensees shall not prejudice any right of Landlord or its insurer. If to restore the Leased Premises is so damaged by Property, or (b) Landlord elects to restore but fails to restore the Leased Property to a condition substantially suitable for its intended use within one hundred eighty (180) days after such fire or other casualty that they are untenantable but arecasualty. However, nevertheless, repaired by Landlord, the rent shall be adjusted for the time during which and the extent to which the Leased Premises may have been untenantable. If such repairs are delayed because of Tenant's failure to adjust give such notice of termination within five (5) days after the date on which the right to terminate ripens under either (a) or (b) above shall constitute a waiver of such right by Tenant's own . Landlord will seek to have the first mortgagee of the Leased Property, if any, provide for application of hazard insurance claim loss proceeds to the repair or because reconstruction of Tenant's failure the Leased Property upon any hazard loss. Subject to remove its damaged property, no reduction shall be made beyond a reasonable time allowed the mortgagee (if any) of the Leased Property making the hazard loss insurance proceeds available for such adjustment restoration and to Landlord's receipt of such proceeds for that purpose, if Landlord elects to repair, reconstruct, or removalcause to be repaired or reconstructed, such damage or destruction, Landlord shall not be required to expend, in connection with such repair or reconstruction, any amount exceeding the amount of casualty insurance proceeds actually received by Landlord. If Notwithstanding the fire foregoing, in the event such mortgagee shall not make the insurance loss proceeds available for repair or casualty restoration, Landlord shall not be required to repair or reconstruct the Leased Premises is caused by carelessnessProperty and shall notify Tenant within thirty (30) days next following such hazard loss, negligence, or improper conduct by Tenant, or of its agents, employees, visitors or licensees, then, notwithstanding such damageelection in this respect and thereupon, Tenant shall be liable for have the rent, during the unexpired portion of the term of termination rights described above in this Lease, without abatement, unless Landlord elects to terminate this Lease as provided hereafter. If Landlord, in its uncontrolled discretion, shall decide within a reasonable time after any fire or other casualty (even though the Leased Premises may not have been affected by such fire or casualty), not to repair, rebuild or reconstruct the Building containing the Leased Premises, then, upon written notice given by Landlord to Tenant, this Lease shall terminate on a date specifiedSection.

DAMAGE BY CASUALTY. In (a)Tenant shall give immediate written notice to Landlord of any damage caused to the event the Leased Premises or other parts of the Building are damaged by fire or other casualty, Landlord, unless it elects and if Landlord does not elect to terminate this Lease as provided hereafterhereinafter provided, Landlord shall proceed with reasonable diligence and at its sole cost and expense to rebuild and repair the damage with reasonable dispatch after notice thereof. The obligation of Premises to the extent originally delivered to Tenant, but Landlord hereunder shall not include be obligated to expend for such rebuilding and repair any leasehold improvements which were not Landlord's original responsibility. Repair amount in excess of the amount of the insurance proceeds actually recovered by Landlord and made available to Landlord for such purpose by any damage caused by carelessness, negligence or improper conduct mortgagee as a result of Tenant, its agents, employees, visitors or licensees shall not prejudice any right of Landlord or its insurersuch loss. If the Leased Building shall be destroyed or substantially damaged by a casualty not covered by Landlord's insurance, or if twenty-five percent (25%) or more of the floor area of the Premises is so damaged or rendered untenantable by fire or other casualty that they are untenantable but are, nevertheless, repaired by Landlord, the rent shall be adjusted for the time during which and the extent to which the Leased Premises may have been untenantable. If such repairs are delayed because of Tenant's failure to adjust Tenant's own insurance claim or because of Tenant's failure to remove its damaged property, no reduction shall be made beyond a reasonable time allowed for such adjustment or removal. If the fire or casualty to the Leased Premises is caused by carelessness, negligencecasualty, or improper conduct by Tenantif the Premises are not affected but twenty-five percent (25%) of the floor area of the Building is damaged or rendered untenantable, or its agentsif any mortgagee should require that the insurance proceeds payable as a result of any casualty be used to reduce the indebtedness secured by such mortgage, employees, visitors or licensees, then, notwithstanding then in any such damage, Tenant shall be liable for the rent, during the unexpired portion of the term of this Lease, without abatement, unless event Landlord elects may elect either to terminate this Lease as provided hereafteror to proceed to rebuild and repair the Premises or that portion of the Building so damaged. Landlord shall give written notice to Tenant of such election within ninety (90) days after the occurrence of such casualty, or within thirty (30) days after the adjustment of the insurance settlement, whichever is later. If the Premises are damaged and repair and restoration cannot be completed within one hundred twenty (120) days after the casualty or other damage as certified within 30 days after the casualty by an appropriately qualified engineer engaged by Landlord, in its uncontrolled discretion, shall decide within a reasonable time after any fire or other casualty (even though the Leased Premises then Tenant may not have been affected elect to terminate this Lease by such fire or casualty), not to repair, rebuild or reconstruct the Building containing the Leased Premises, then, upon written notice given by to Landlord to Tenant, this Lease shall terminate on a date specifiedwithin thirty (30) days after receipt of said certification or if not received before the end of the 120-day period.

DAMAGE BY CASUALTY. In the event Should a substantial portion of the Leased Premises Property, or other parts of the Building are Property, be substantially damaged by fire or other casualty, LandlordLandlord or Tenant may elect to terminate this Lease, unless it elects and where such fire or casualty renders the Leased Property reasonably unsuitable for its intended use, a just and proportionate abatement of rent shall be made. Further, within thirty (30) days after such fire or other casualty, Landlord shall give written notice to Tenant with respect to whether or not Landlord will restore the Leased Property and the estimated time to complete such repair. Tenant may elect to terminate this Lease as provided hereafter, shall repair the damage with reasonable dispatch after notice thereof. The obligation of if either (a) Landlord hereunder shall notifies Tenant in writing that Landlord has elected not include any leasehold improvements which were not Landlord's original responsibility. Repair by Landlord for any damage caused by carelessness, negligence or improper conduct of Tenant, its agents, employees, visitors or licensees shall not prejudice any right of Landlord or its insurer. If to restore the Leased Premises is so damaged by Property, (b) Landlord elects to restore but fails to restore the Leased Property to a condition reasonably suitable for its intended use within one hundred twenty (120) days after such fire or other casualty that they are untenantable but arecasualty, neverthelessor (c) Landlord fails to make reasonable, repaired by Landlord, the rent shall be adjusted for the time during which and the extent good faith efforts to which commence restoring the Leased Premises may have been untenantableProperty within one hundred twenty (120) days after such fire or casualty. If such repairs are delayed because of However, Tenant's failure to adjust give such notice of termination within ten (10) days after the date on which the right to terminate ripens under either (a), (b), or (c) above shall constitute a waiver of such right by Tenant's own . Landlord will seek to have the first mortgagee of the Leased Property, if any, provide for application of hazard insurance claim loss proceeds to the repair or because reconstruction of Tenant's failure the Leased Property upon any hazard loss. Subject to remove its damaged property, no reduction shall be made beyond a reasonable time allowed the mortgagee (if any) of the Leased Property making the hazard loss insurance proceeds available for such adjustment restoration and to Landlord's receipt of such proceeds for that purpose, if Landlord elects, to repair, reconstruct, or removalcause to be repaired or reconstructed, such damage or destruction, Landlord shall not be required to expend, in connection with such repair or reconstruction, any amount exceeding the amount of casualty insurance proceeds actually received by Landlord. If Notwithstanding the fire foregoing, in the event such mortgagee shall not make the insurance loss proceeds available for repair or casualty restoration, Landlord shall not be required to repair or reconstruct the Leased Premises is caused by carelessnessProperty and shall notify Tenant within thirty (30) days next following such hazard loss, negligence, or improper conduct by Tenant, or of its agents, employees, visitors or licensees, then, notwithstanding such damageelection in this respect and thereupon, Tenant shall be liable for have the rent, during the unexpired portion of the term of termination rights described above in this Lease, without abatement, unless Landlord elects to terminate this Lease as provided hereafter. If Landlord, in its uncontrolled discretion, shall decide within a reasonable time after any fire or other casualty (even though the Leased Premises may not have been affected by such fire or casualty), not to repair, rebuild or reconstruct the Building containing the Leased Premises, then, upon written notice given by Landlord to Tenant, this Lease shall terminate on a date specifiedSection.

DAMAGE BY CASUALTY. In the event the Leased Premises or other parts of the Building are damaged by fire or other casualty, Landlordand the Landlord has adequate insurance coverage, unless it elects the Landlord shall forthwith repair the damage, provided the repairs can be made within one hundred eight (180) days from the date of casualty and provided the Landlord receives insurance proceeds adequate to terminate pay for the cost of the repairs. During the period of repair, this Lease as provided hereafter, shall repair remain in full force and effect except that the damage with reasonable dispatch after notice thereofTenant shall be entitled to a proportionate reduction in its Rent and other monetary obligations while such repairs are being made. The obligation of Landlord hereunder shall not include any leasehold improvements which were not Landlord's original responsibility. Repair by Landlord for any damage caused by carelessness, negligence or improper conduct of Tenant, its agents, employees, visitors or licensees shall not prejudice any right of Landlord or its insurer. If the Leased Premises proportionate reduction such sums is so damaged by fire or other casualty that they are untenantable but are, nevertheless, repaired by Landlord, the rent shall to be adjusted for the time during which and based upon the extent to which the Leased damage or casualty materially affects the ability of the Tenant to use the Premises may have been untenantable. If such repairs are delayed because of Tenant's failure to adjust Tenant's own insurance claim or because of Tenant's failure to remove its damaged property, no reduction shall be made beyond a reasonable time allowed for such adjustment or removalthe Permitted Use. If the fire or casualty to Landlord determines that the Leased Premises is caused by carelessness, negligencerepairs cannot be made within the one hundred eighty (180) day period, or improper conduct by Tenantif insurance proceeds are not available to cover the cost of said repairs, the Landlord shall have the option either (1) to repair or its agents, employees, visitors or licensees, then, notwithstanding restore such damage, this Lease continuing in full force and effect but the Rent to be proportionately reduced as above stated, or (2) give notice to the Tenant at any time within one hundred and twenty (120) days after the date of the casualty terminating this Lease. In the event of the giving of such notice this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and Rent and other sums, as abated or reduced, shall be liable for paid up to the rentdate of such termination. The Landlord agrees to refund to the Tenant any rent theretofore paid applicable to any period of time subsequent to the date of termination. Notwithstanding anything to the contrary, during the unexpired portion Landlord shall not be required to repair any injury or damage by fire or other casualty, or to make repairs or replacements of any paneling, decorations, partitions, railings, ceilings, floor coverings, office fixtures or any other property installed in the term of this Lease, without abatement, unless Premises by the Tenant. In the event that Landlord elects to terminate repair or restore the damage to the Premises any such repairs or restoration are not completed within two hundred ten (210) days from the date of casualty, Tenant may, at its option cancel this Lease as provided hereafter. If Landlord, in its uncontrolled discretion, shall decide within a reasonable time after any fire or other casualty (even though the Leased Premises may not have been affected by such fire or casualty), not to repair, rebuild or reconstruct the Building containing the Leased Premises, then, upon written notice given by Landlord to Tenant, this Lease shall terminate on a date specifiedLease.

DAMAGE BY CASUALTY. In the event fire or other casualty damages (excluding break-in’s or vandalism) to the Leased Premises or other parts the Building, and the Landlord has adequate insurance coverage, the Landlord shall forthwith repair the damage, provided the repairs can be made within one hundred twenty (120) days from the date of the Building casualty. During the period of repair, this Lease shall remain in full force and effect except that the Tenant shall be entitled to a proportionate reduction in its rent obligation while such repairs are damaged being made. The proportionate reduction of rent is to be based upon the extent to which the making of such repairs shall interfere with the business carried on by the Tenant in the Premises. If the repairs cannot be made within the one hundred twenty (120) day period, the Landlord shall have the option to either (1) repair or restore such damage, this Lease continuing in full force and effect, but the rent to be proportionately reduced as above stated, or (2) give notice to the Tenant at any time within thirty (30) days after the casualty terminating this Lease as of the date to be specified in such notice, which date shall be not less than thirty (30) days nor more than sixty (60) days after the giving of such notice. In the event of the giving of such notice this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and rent shall be paid up to the date of such termination. The Landlord agrees to refund to the Tenant any rent theretofore paid for any period of time subsequent to the date of termination. Notwithstanding anything to the contrary, the Landlord shall not be required to repair any injury or damage by fire or other casualty, Landlordor to make any repairs or replacements of any paneling, unless it elects to terminate this Lease as provided hereafterdecorations, shall repair partitions, railings, ceilings, floor coverings, office fixtures or any other property installed in the damage with reasonable dispatch after notice thereofPremises by the Tenant. The obligation of Tenant’s Initials: ____________ 10 Landlord hereunder shall not include any leasehold improvements which were not Landlord's original responsibility. Repair by Landlord for any damage caused by carelessness, negligence or improper conduct of Tenant, its agents, employees, visitors or licensees shall not prejudice any right of Landlord or its insurer. If the Leased Premises is so damaged by fire or other casualty that they are untenantable but are, nevertheless, repaired by Landlord, the rent shall be adjusted for the time during which and the extent to which the Leased Premises may have been untenantable. If such repairs are delayed because of Tenant's failure to adjust Tenant's own insurance claim or because of Tenant's failure to remove its damaged property, no reduction shall be made beyond a reasonable time allowed for such adjustment or removal. If the fire or casualty to the Leased Premises is caused by carelessness, negligence, or improper conduct by Tenant, or its agents, employees, visitors or licensees, then, notwithstanding such damage, Tenant shall be liable for the rent, during the unexpired portion of the term of this Lease, without abatement, unless Landlord elects to terminate this Lease as provided hereafter. If Landlord, in its uncontrolled discretion, shall decide within a reasonable time after any fire or other casualty (even though the Leased Premises may not have been affected by such fire or casualty), not to repair, rebuild or reconstruct the Building containing the Leased Premises, then, upon written notice given by Landlord to Tenant, this Lease shall terminate on a date specifiedInitial’s:____________

DAMAGE BY CASUALTY. In the event of damage to the Leased Property or the Premises by casualty which renders the Property, in whole or other parts in part, or the Premises untenantable, Landlord shall within ninety (90) days after said casualty notify the Tenant whether or not Landlord elects to reconstruct ("Reconstruction Notice"). If in Landlord's good faith estimation, the Premises cannot be restored within one hundred eighty (180) days after Landlord receives notice of damage, Landlord shall so notify Tenant in Landlord's Reconstruction Notice. Tenant may terminate this Lease by delivery of notice to Landlord within thirty (30) days after delivery of Landlord's Reconstruction Notice notifying Tenant that the Building are damaged by fire Premises cannot be restored within one hundred eighty (180) days. If Landlord elects not to reconstruct or other casualty, Landlord, unless it if Tenant elects under the preceding sentence to terminate this Lease, this Lease shall be terminated as provided hereafterof the date of such damage and rents will be prorated as of that date. If the Lease is not so terminated, there shall be an abatement of rent and additional rent for the entire period of time between the date of such destruction and the date on which the Premises shall be placed in tenantable condition. If the Property is partially destroyed by casualty and the damage does not amount to the above extent, Landlord shall repair the Property with all convenient speed and shall have the right to take possession of and occupy, to the exclusion of Tenant, all or any portion of the Property necessary to complete repairs, in which event there shall be an abatement of rent and additional rent as the nature of the damage and its interference with the occupancy of the Premises by Tenant shall warrant. If the Premises are only slightly damaged so as not to cause any material interference with Tenant's occupancy, there shall be no abatement of rent and Landlord shall repair the damage as soon as possible. In the event of any casualty (with reasonable dispatch after notice thereof. The or without election to rebuild), Landlord shall have no obligation to replace, rebuild or repair any property of Landlord hereunder shall not include any leasehold improvements which were not Landlord's original responsibility. Repair by Landlord for any damage caused by carelessness, negligence or improper conduct of Tenant, its agents, employees, visitors or licensees shall not prejudice any right of Landlord or its insurer. If the Leased Premises is so damaged by fire or other casualty that they are untenantable but are, nevertheless, repaired by Landlord, the rent shall be adjusted for the time during which and the extent to which the Leased Premises may have been untenantable. If such repairs are delayed because of Tenant's failure to adjust Tenant's own insurance claim or because of Tenant's failure to remove its damaged property, no reduction shall be made beyond a reasonable time allowed for such adjustment or removal. If the fire or casualty to the Leased Premises is caused by carelessness, negligence, or improper conduct Tenant including alterations by Tenant, but such Tenant property or its agents, employees, visitors or licensees, then, notwithstanding such damage, Tenant alterations shall be liable for the rentreplaced, during the unexpired portion of the term of this Lease, without abatement, unless Landlord elects to terminate this Lease rebuilt or repaired by Tenant as provided hereafter. If Landlord, in its uncontrolled discretion, shall decide within a reasonable time after any fire or other casualty (even though the Leased Premises may not have been affected by such fire or casualty), not to repair, rebuild or reconstruct the Building containing the Leased Premises, then, upon written notice given by Landlord to Tenant, this Lease shall terminate on a date specifiedsoon as possible.

DAMAGE BY CASUALTY. In the event the Leased Premises or other parts of the Building are damaged by fire or other casualty, Landlordand the Landlord has adequate insurance coverage, unless it elects the Landlord shall forthwith repair the damage, provided the repairs can be made within one hundred eight (180) days from the date of casualty and provided the Landlord receives insurance proceeds adequate to terminate pay for the cost of the repairs. During the period of repair, this Lease as provided hereafter, shall repair remain in full force and effect except that the damage with reasonable dispatch after notice thereofTenant shall be entitled to a proportionate reduction in its Rent and other monetary obligations while such repairs are being made. The obligation of Landlord hereunder shall not include any leasehold improvements which were not Landlord's original responsibility. Repair by Landlord for any damage caused by carelessness, negligence or improper conduct of Tenant, its agents, employees, visitors or licensees shall not prejudice any right of Landlord or its insurer. If the Leased Premises is so damaged by fire or other casualty that they proportionate reduction such sums are untenantable but are, nevertheless, repaired by Landlord, the rent shall to be adjusted for the time during which and based upon the extent to which the Leased damage or casualty materially affects the ability of the Tenant to use the Premises may have been untenantable. If such repairs are delayed because of Tenant's failure to adjust Tenant's own insurance claim or because of Tenant's failure to remove its damaged property, no reduction shall be made beyond a reasonable time allowed for such adjustment or removalthe Permitted Use. If the fire or casualty to Landlord determines that the Leased Premises is caused by carelessness, negligencerepairs cannot be made within the one hundred eighty (180) day period, or improper conduct by Tenantif insurance proceeds are not available to cover the cost of said repairs, the Landlord shall have the option either (i) to repair or its agents, employees, visitors or licensees, then, notwithstanding restore such damage, this Lease continuing in full force and effect but the Rent to be proportionately reduced as above stated, or (ii) give notice to the Tenant at any time within one hundred and. twenty (120) days after the date of the casualty terminating this Lease. In the event of the giving of such notice this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified. in such notice and Rent and other sums, as abated or reduced, shall be liable for paid up to the rentdate of such termination. The Landlord agrees to refund to the Tenant any rent theretofore paid applicable to any period of time subsequent to the date of termination. Notwithstanding anything to the contrary, during the unexpired portion Landlord shall not be required. to repair any injury or damage by fire or other casualty, or to make repairs or replacements of any paneling, decorations, partitions, railings, ceilings, floor coverings, office fixtures or any other property installed in the term of this Lease, without abatement, unless Premises by the Tenant. In the event that Landlord elects to terminate repair or restore the damage to the Premises an such repairs or restoration are not completed within two hundred ten (210) days from the date of casualty, Tenant may, at its option cancel this Lease as provided hereafter. If Landlord, in its uncontrolled discretion, shall decide within a reasonable time after any fire or other casualty (even though the Leased Premises may not have been affected by such fire or casualty), not to repair, rebuild or reconstruct the Building containing the Leased Premises, then, upon written notice given by Landlord to Tenant, this Lease shall terminate on a date specifiedLease.