Common use of DAMAGE BY FIRE OR OTHER CAUSE Clause in Contracts

DAMAGE BY FIRE OR OTHER CAUSE. 17.1 If the Demised Premises shall be partially damaged by fire or other cause without the default or neglect of Tenant, Tenant's servants, employees, agents, visitors or licensees, the damages shall be repaired by and at the expense of Landlord and until such repairs shall be completed the Fixed Rent shall be apportioned according to the part of the Demised Premises which is usable by Tenant. But if partial damage is due to the fault or neglect of Tenant, Tenant's servants, employees, agents, visitors or licensees, without prejudice to any other rights and remedies of Landlord and without prejudice to the rights of subrogation of Landlord's insurer, the damages shall be repaired by Landlord but there shall be no apportionment or abatement of rent. No penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord, or for reasonable delay on account of "labor troubles," or for Acts of God, or any other cause beyond Landlord's control, or any combination thereof. If the Demised Premises are totally or substantially damaged or are rendered wholly or substantially untenantable by fire or other cause, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the Demised Premises shall have been repaired and restored by Landlord, subject to Landlord's right to elect not to restore the same as hereinafter provided. If the Demised Premises are rendered substantially unusable or (whether or not the Demised Premises are damaged in whole or in part) if the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild it, then or in any of such events Landlord may, within ninety (90) days after such fire or other cause, give Tenant a notice in writing of such decision, which notice shall be given as in Article 24 hereof provided, and thereupon the term of this Lease shall expire by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Demised Premises and surrender the same to Landlord. Upon the termination of this Lease under the conditions provided for in the sentence immediately preceding, Tenant's liability for rent shall cease as of the day following the casualty. Tenant hereby expressly waives the provision of Section 227 of the Real Property Law and agrees that the foregoing provision of this Article shall govern and control in lieu thereof, this Article being an express agreement. If the damage or destruction be due to the fault or neglect of Tenant the debris shall be removed by, and at the expense of Tenant.

DAMAGE BY FIRE OR OTHER CAUSE. 17.1 Section 10.01. If the Demised Premises shall be partially damaged by fire or other cause without the default or neglect of Tenant, Tenant's servants, employees, agents, visitors or licenseescasualty, the damages damage shall be repaired by and at the expense of Landlord and the minimum rent and additional rent provided in Article 22 until such repairs shall be completed the Fixed Rent made, shall be apportioned according to the part of the Demised Premises which is usable by Tenant. But if partial Landlord shall have no responsibility to repair any damage is due to Tenant's work (as referred to in Section 5.01), the fault or neglect same being the responsibility of Tenant, Tenant's servants, employees, agents, visitors or licensees, without prejudice to any other rights and remedies of Landlord and without prejudice to the rights of subrogation of Landlord's insurer, the damages shall be repaired by Landlord but there shall be no apportionment or abatement of rent. No penalty shall accrue for reasonable delay delays which may arise by reason of adjustment of insurance on the part of the by Landlord, or for reasonable delay on account of "labor troubles," or for Acts of Godunavoidable delays (as hereinafter defined), or any other cause beyond Landlord's reasonable control, . Tenant shall give notice to Landlord promptly upon learning thereof in case of fire or any combination thereofother damage to the Demised Premises. If the Demised Premises are totally or substantially damaged or are rendered wholly or substantially untenantable unusable by fire or any such other causecasualty, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the Demised Premises shall have been repaired and restored by Landlord, subject to Landlord's right to elect not to restore the same as hereinafter provided. If the Demised Premises are rendered substantially unusable or (whether or not the Demised Premises are damaged in whole or in part) if the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild itit (whether or not the Demised Premises shall have been damaged), then or in any of such events Landlord mayat its election may terminate this Lease by written notice to Tenant, within ninety (90) days after such fire or other cause, give Tenant a notice in writing of such decision, which notice shall be given as in Article 24 hereof providedcasualty, and thereupon the term of this Lease shall expire by lapse of time upon the third (3rd) day after such notice is given, and Tenant shall vacate and surrender the Demised Premises and surrender the same to Landlord. Upon the termination of Tenant shall not be liable under this Lease under for anything accruing after the conditions provided for in the sentence immediately preceding, Tenant's liability for rent shall cease as date of the day following the casualtysuch expiration. Tenant hereby expressly waives the provision provisions of Section 227 of the Real Property Law Law, and agrees that the foregoing provision provisions of this Article shall govern and control in lieu thereof, this Article being an express agreement. If the damage or destruction be due to the fault or neglect of Tenant the debris shall be removed by, and at the expense of Tenant.

DAMAGE BY FIRE OR OTHER CAUSE. 17.1 10.01 If the Demised Premises Building or the demised premises shall be partially damaged by fire or other cause without the default or neglect of Tenant, Tenant's servants, employees, agents, visitors or licensees, the damages shall be repaired by and at the expense of Landlord and until such repairs shall be completed the Fixed Rent shall be apportioned according to the part of the Demised Premises which is usable by Tenant. But if partial damage is due to the fault or neglect of Tenant, Tenant's servants, employees, agents, visitors or licensees, without prejudice to any other rights and remedies of Landlord and without prejudice to the rights of subrogation of Landlord's insurer, the damages shall be repaired by Landlord but there shall be no apportionment or abatement of rent. No penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord, or for reasonable delay on account of "labor troubles," or for Acts of God, or any other cause beyond Landlord's control, or any combination thereof. If the Demised Premises are totally or substantially damaged or are rendered wholly or substantially untenantable destroyed by fire or other cause, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the Demised Premises shall have been repaired and restored by Landlord, subject to Landlord's right to elect not to restore the same as hereinafter provided. If the Demised Premises are rendered substantially unusable or within sixty (whether or not the Demised Premises are damaged in whole or in part) if the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild it, then or in any of such events Landlord may, within ninety (9060) days after such damage or destruction, shall deliver to Tenant an estimate of the time (hereinafter referred to as the "Estimated Time") required to repair or restore the damage or destruction, prepared by an independent contractor or architect selected by Landlord within twenty (20) days after such damage or destruction, and reasonably approved by Tenant within ten (10) business days after written notice from Landlord identifying such independent contractor or architect (such estimate being hereinafter referred to as the "Estimate"). If the Building or the demised premises shall be partially damaged or partially destroyed by fire or other cause, give Tenant a notice in writing the rents payable hereunder shall be abated to the extent that the demised premises shall have been rendered untenantable or inaccessible and for the period from the date of such decision, which notice damage or destruction to the date the damage to the Building and the demised premises shall be given repaired and restored so as in Article 24 hereof providedto render the demised premises tenantable and accessible. If the demised premises or a major part thereof shall be totally (which shall be deemed to include substantially totally) damaged or destroyed or rendered completely (which shall be deemed to include substantially completely) untenantable or inaccessible on account of fire or other cause, and thereupon the term of this Lease shall expire by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Demised Premises and surrender the same to Landlord. Upon the termination of this Lease under the conditions provided for in the sentence immediately preceding, Tenant's liability for rent shall cease as all of the day following the casualty. Tenant hereby expressly waives the provision rents shall abate as ox xxx date of Section 227 of the Real Property Law and agrees that the foregoing provision of this Article shall govern and control in lieu thereof, this Article being an express agreement. If the damage or destruction be due and until all of the damage and destruction to the fault or neglect of Tenant Building and the debris demised premises shall be removed byrepaired and restored so as to render the demised premises tenantable and accessible, provided, however, that should Tenant reoccupy a portion of the demised premises during the period the restoration work is taking place and at prior to the expense date that the same are made completely tenantable, rents allocable to such portion shall be payable by Tenant from the date of Tenantsuch occupancy.

DAMAGE BY FIRE OR OTHER CAUSE. 17.1 Section 10.01. If the Demised Premises shall be partially damaged by fire or other cause without the default or neglect of Tenant, Tenant's servants, employees, agents, visitors or licenseescasualty, the damages damage shall be repaired by and at the expense of Landlord and the minimum rent until such repairs shall be completed the Fixed Rent made, shall be apportioned according to the part of the Demised Premises which is usable or accessible by Tenant. But if partial Landlord shall have no responsibility to repair any damage is due to Tenant's work (as referred to in Section 5.01), the fault or neglect same being the responsibility of Tenant, Tenant's servants, employees, agents, visitors or licensees, without prejudice to any other rights and remedies of Landlord and without prejudice to the rights of subrogation of Landlord's insurer, the damages shall be repaired by Landlord but there shall be no apportionment or abatement of rent. No penalty shall accrue for reasonable delay delays which may arise by reason of adjustment of insurance on the part of the by Landlord, or for reasonable delay on account of "labor troubles," or for Acts of Godunavoidable delays (as hereinafter defined), or any other cause beyond Landlord's reasonable control, . Tenant shall give notice to Landlord promptly upon learning thereof in case of fire or any combination thereofother damage to the Demised Premises. If the Demised Premises and at least 50% of the other rentable space in the Building are totally or substantially damaged or are rendered wholly or substantially untenantable unusable by fire or any such other causecasualty, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the Demised Premises shall have been repaired and restored by Landlord, subject to Landlord's right to elect not to restore the same as hereinafter provided. If the Demised Premises are rendered substantially unusable or (whether or not the Demised Premises are damaged in whole or in part) if the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild itit (whether or not the Demised Premises shall have been damaged), then or in any of such events Landlord mayat its election may terminate this Lease by written notice to Tenant, within ninety (90) days after such fire or other cause, give Tenant a notice in writing of such decision, which notice shall be given as in Article 24 hereof providedcasualty, and thereupon the term of this Lease shall expire by lapse of time upon the third (3rd) day after such notice is given, and Tenant shall vacate and surrender the Demised Premises and surrender the same to Landlord. Upon the termination of Tenant shall not be liable under this Lease under for anything accruing after the conditions provided for in the sentence immediately preceding, Tenant's liability for rent shall cease as date of the day following the casualtysuch expiration. Tenant hereby expressly waives the provision provisions of Section 227 of the Real Property Law Law, and agrees that the foregoing provision provisions of this Article shall govern and control in lieu thereof, this Article being an express agreement. If the damage or destruction be is due to the fault or neglect of Tenant Tenant, the debris shall be removed by, and at the expense of, Tenant. Notwithstanding the foregoing provisions of this Section 10.01, within sixty (60) days after such casualty, Landlord shall provide Tenant with an estimate as to the time reasonable required to repair such damage. If such period exceeds six (6) months from the date of such casualty, Tenant may elect to terminate this Lease by notice to Landlord not later than ten (10) days following Tenant's receipt of such estimate, and thereupon the term of this Lease shall expire on the thirtieth (30th) day after Tenant's notice is given, and Tenant shall vacate and surrender the Demised Premises to Landlord. If the time period set forth in said estimate exceeds six (6) months and Tenant has not terminated this Lease and if Landlord does not substantially complete such repairs within the time period set forth in such estimate, then Tenant may elect to terminate this Lease by notice to Landlord within ten (10) days following the expiration of such time period, and thereupon the term of this Lease shall expire on the thirtieth (30th) day after such notice is given, and Tenant shall vacate and surrender the Demised Premises to Landlord, unless within such thirty (30) day period, Landlord substantially completes such restoration or rebuilding in which event this Lease shall remain in full force and effect.

DAMAGE BY FIRE OR OTHER CAUSE. 17.1 Section 9.01 If the Demised Premises shall be partially damaged by fire or other cause without the default fault or neglect of Tenant, Tenant's servants, employees, agents, visitors or licensees, the such damages shall be repaired by and at the expense of Landlord and the Rent, until such repairs shall be completed the Fixed Rent made, shall be apportioned abated according to the part of the Demised Premises which is usable by Tenant. But However, if such partial damage is due to the fault or neglect of Tenant, Tenant's servants, employees, agents, visitors or licensees, without prejudice to any other rights and remedies of Landlord and without prejudice to the rights of subrogation of Landlord's insurer, the damages shall be repaired by Landlord but there shall be no apportionment appointment or abatement of rent. No penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord, or Landlord and for reasonable delay on account of "labor troubles," or for Acts of God", or any other cause beyond Landlord's control. Tenant shall give immediate notice to Landlord in case of fire in the Demised Premises. Notwithstanding the foregoing, or any combination thereof. If if the Demised Premises are totally or substantially damaged or are rendered wholly or substantially untenantable by fire or other cause, then the rent and if Landlord shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the Demised Premises shall have been repaired and restored by Landlord, subject to Landlord's right to elect decide not to restore or not to rebuild the same as hereinafter provided. If same, or if 50% or more of the Demised Premises are rendered substantially unusable or Building shall be so damaged (whether or not the Demised Premises are damaged in whole have been damaged), or in part) if the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild itit (whether or not the Demised Premises have been damaged), then then, or in any of such events events, Landlord may, within ninety (90) days after such fire or other cause, give Tenant a notice in writing of such decision, decision (which notice shall be given as in Article 24 29 hereof provided), and thereupon the term of this Lease shall expire by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Demised Premises and surrender the same to Landlord. Upon If Tenant shall not be in default under this Lease, then upon the termination of this Lease under the conditions provided for in the sentence immediately preceding, Tenant's liability for rent shall cease as of the day following the casualty. Tenant hereby expressly waives the provision of Section 227 of the Real Property Law and agrees that the foregoing provision of this Article shall govern and control in lieu thereof, this Article being an express agreement. If the damage or destruction be due to the fault or neglect of Tenant Tenant, the debris shall be removed by, and at the expense of, Tenant and, if Tenant shall fail to remove same, such removal may be done by Landlord at the expense of Tenant.

DAMAGE BY FIRE OR OTHER CAUSE. 17.1 Section 10.01. If the Demised Premises shall be partially damaged by fire or other cause without the default or neglect of Tenant, Tenant's servants, employees, agents, visitors or licenseescasualty, the damages damage shall be repaired by and at the expense of Landlord and the minimum rent until such repairs shall be completed the Fixed Rent made, shall be apportioned according to the part of the Demised Premises which is usable by Tenant. But if partial Landlord shall have no responsibility to repair any damage is due to Landlord's work performed pursuant to Schedule B or Tenant's work (as referred to in Section 5.01), the fault or neglect same being the responsibility of Tenant, Tenant's servants, employees, agents, visitors or licensees, without prejudice to any other rights and remedies of Landlord and without prejudice to the rights of subrogation of Landlord's insurer, the damages shall be repaired by Landlord but there shall be no apportionment or abatement of rent. No penalty shall accrue for reasonable delay delays which may arise by reason of adjustment of insurance on the part of the by Landlord, or for reasonable delay on account of "labor troubles," or for Acts of Godunavoidable delays (as hereinafter defined), or any other cause beyond Landlord's reasonable control, . Tenant shall give notice to Landlord promptly upon learning thereof in case of fire or any combination thereofother damage to the Demised Premises. If the Demised Premises are totally or substantially damaged or are rendered wholly or substantially untenantable unusable by fire or any such other causecasualty, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the Demised Premises shall have been repaired and restored by Landlord, subject to Landlord's right to elect not to restore the same as hereinafter provided. If the Demised Premises are rendered substantially unusable or (whether or not the Demised Premises are damaged in whole or in part) if the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild itit (whether or not the Demised Premises shall have been damaged), then or in any of such events Landlord mayat its election may terminate this Lease by written notice to Tenant, within ninety (90) days after such fire or other cause, give Tenant a notice in writing of such decision, which notice shall be given as in Article 24 hereof providedcasualty, and thereupon the term of this Lease shall expire by lapse of time upon the third tenth (10th) day after such notice is given, and Tenant shall vacate and surrender the Demised Premises and surrender the same to Landlord. Upon the termination of Tenant shall not be liable under this Lease under for anything accruing after the conditions provided for in the sentence immediately preceding, Tenant's liability for rent shall cease as date of the day following the casualtysuch expiration. Tenant hereby expressly waives the provision provisions of Section 227 of the Real Property Law Law, and agrees that the foregoing provision provisions of this Article shall govern and control in lieu thereof, this Article being an express agreement. If the damage or destruction be is due to the fault or neglect of Tenant Tenant, the debris shall be removed by, and at the expense of of, Tenant.