Damage by Fire or Other Casualty Sample Clauses

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 ▇▇▇▇▇, 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. 16.1. Tenant shall promptly notify Landlord if the Premises shall be damaged or destroyed by fire or other casualty. Except during the final five (5) years of the Term, Landlord, subject to the conditions set forth in this Section 16, shall repair, rebuild or replace such damage and restore the Premises to substantially the same condition in which they were immediately prior to such damage or destruction. During the final five (5) years of the Term, Landlord shall have the option to not repair the Premises. If Landlord elects not to repair the Premises during the final five (5) years of the Term, then Landlord shall provide written notice of its election to Tenant with fifteen (15) days of the occurrence of such fire or other casualty. In such event, Tenant may, within fifteen (15) days of its receipt of Landlord's written election, either (i) terminate this Lease; or (ii) elect to exercise its Option pursuant to Section 2.2 and the insurance proceeds payable as a result of the damage or destruction shall first be applied to the Option Purchase Price, as calculated in accordance with the terms set forth in attached EXHIBIT B, with any remaining proceeds being distributed to Tenant. 16.2. Subject to Section 16.1 above, within thirty (30) days of the occurrence of a fire or other casualty, Landlord shall deliver to Tenant a notice (the "Casualty Notice") setting forth the time that Landlord estimates will be necessary to repair the Premises from the earlier of commencement of the reconstruction or repair or the date of Landlord's receipt of the net insurance proceeds (the "Probable

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 shall be damaged by fire or other casualty, then, except as otherwise provided in this Section 6.2, the damage to the Tenant Improvements and Alterations shall be repaired by Landlord with reasonable promptness; provided, however, that Landlord's obligation to restore the Tenant Improvements and the Alterations (i) shall be limited to the amount of funds available to Landlord from any casualty insurance policy proceeds actually paid to Landlord for such repair work, and (ii) is subject to all necessary approvals from all applicable governmental entities and modifications required by zoning and building codes and other laws or any other modifications to the common areas deemed desirable by Landlord. Landlord shall not be liable for any delay (whether or not within the reasonable control of Landlord) in the completion of the repair and restoration of the Premises nor shall Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof. (B) If (i) the Office Building or Premises are totally damaged or rendered wholly untenantable by fire or other casualty, or (ii) Landlord's architect certifies to Landlord and to Tenant that the Office Building or Premises cannot be repaired within one (1) year after the date (the "Casualty Date") the casualty becomes known to Landlord, or (iii) all or any portion of the proceeds of any insurance policy in excess of $2,000,000.00 are retained by the lessor under any Superior Lease or the holder of any Mortgage, and Landlord terminates the leases of all other tenants similarly affected by the damage and destruction, or (iv) the damage is not fully covered, except for the first $2,000,000.00, by Landlord's insurance policies and Landlord terminates the leases of all other tenants similarly affected by the damage and destruction, or (v) any owner of any other portion of the Project, other than Landlord, does not intend to repair the damage to such portion of the Project, and this Building, as a result thereof, cannot be operated on a commercially reasonable basis, or (vi) Landlord decides not to repair the Office Building, or decides to demolish the Office Building or not to rebuild it, then Landlord may, within sixty (60) days after such Casualty Date, give Tenant notice of termination of this Lease, and thereupon the Term shall expire ten (10) days after such notice is given, and Tenant sha...

Damage by Fire or Other Casualty. If the Premises or Building are, -------------------------------- in the sole judgement of LESSOR, made untenantable by fire or other casualty, LESSOR shall elect by written notice to LESSEE within sixty (60) days after the date of the fire or casualty: (a) to terminate this lease as of the date of the fire or casualty (which option may be exercised only if the Premises cannot be restored or repaired within ninety (90) days after the date of the damage, and further provided that such damage exceeds twenty (20%) of the Premises, or (b) proceed to repair, restore or rehabilitate the Building or the Premises to a reasonably tenantable condition, no later than ninety (90) days from the date of the fire or casualty, in which event this Lease shall not terminate. However, if the Premises cannot be repaired, restored or rehabilitated within 90 days of a fire or other casualty, or if such Premises are not repaired and restored within said 90 day period, LESSEE may terminate this Lease by written notice to LESSOR. In the event this Lease is not terminated pursuant to this section, Rent and additional rent shall ▇▇▇▇▇ on a daily basis during the period of untenantability. In the event of the termination of this Lease pursuant to this section, Rent and additional rent shall be apportioned on a daily basis and paid to the date of the fire or other casualty. In the event that the Premises are partially damaged by fire or other casualty but are not, in the judgement of LESSOR, made wholly untenantable, then LESSOR shall, except during the last year of the Lease Term or most recently exercised option, if any, proceed with all due diligence to repair and restore the Premises and the Rent and additional rent shall be adjusted according to the rental area still tenantable during the period of untenantability. If a portion of the Premises are made untenantable as discussed above during the last year of the Lease Term or most recently exercised option, if any, LESSOR or LESSEE shall have the right to terminate this Lease as of the date of the fire or other casualty by giving written notice thereof to the other within thirty (30) days after notice of the fire or other casualty is given by either party, in which event the Rent and Additional Rent shall be apportioned on a daily basis and paid to the date of the fire or other casualty.

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. 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. If all or a substantial part of the Leased Premises is rendered untenantable or inaccessible by damage to all or any part of the building from fire, the elements, accident, or other casualty (a “Casualty”), MNSCU shall have the option, at its sole and absolute discretion, to either: a. Use reasonable efforts to restore the Leased Premises to substantially its former condition to the extent permitted by applicable law; provided, however, that in no event shall MNSCU have any obligation: 1) to make repairs or restoration beyond the extent of insurance proceeds received by MNSCU for such repairs or restoration or 2) repair or restore any of TENANT’s personal property, trade fixtures or alterations. If MNSCU elects to repair damage to the Leased Premises, then 1) This Lease Agreement shall remain in full force and effect but Rent from the date of the Casualty though the date of substantial completion of the repair shall be abated with regard to any portion of the Leased Premises that TENANT is prevented from using by reason of such damage or its repair; and 2) In no event shall MNSCU be liable to TENANT by reason of any injury to or interference with TENANT’s business or property arising from a Casualty or by reason of any repairs to any part of the building necessitated by the Casualty. OR b. Terminate this Lease and end the term hereof, in which case the rent shall be paid to the date of such fire or other casualty, and all further obligations on the part of either party shall cease. If MNSCU elects to terminate the Lease Agreement, MNSCU shall notify TENANT in writing within 180 days of the date of the Casualty.

Damage by Fire or Other Casualty. If the Premises or Common Areas shall be damaged or destroyed by fire or other casualty, Tenant shall promptly notify Landlord, and Landlord, subject to the conditions set forth in this Section, shall repair such damage and restore the Premises or Common Areas 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, equipment, or Alterations installed by or on behalf of Tenant. Landlord shall notify Tenant, within thirty (30) days after the date of the casualty, if Landlord anticipates that the restoration will take more than one hundred eighty (180) days from the date of the casualty to complete; in such event, either Landlord or Tenant (unless the damage was caused by Tenant or Tenant's Agents) may terminate this Lease effective as of the date of casualty by giving notice to the other within ten (10) days after Landlord's notice. If a casualty occurs during the last twelve (12) months of the Term, Landlord or Tenant may terminate this Lease unless Tenant has the right to extend the Term for at least three (3) more years and does so within thirty (30) days after the date of the casualty. Moreover, Landlord may terminate this Lease if the loss is not covered by the insurance required to be maintained by Landlord under this Lease. Tenant will receive an abatement of Minimum Annual Rent and Annual Operating Expenses to the extent the Premises are rendered untenantable as a result of the casualty, except if caused by Tenant or Tenant's Agents and not covered by Landlord's insurance proceeds.