Common use of DAMAGE CLAUSE Clause in Contracts

DAMAGE CLAUSE. (a) If the Leased Premises, including the Building, the Common Areas and parking spaces, shall be partly damaged by fire or any other cause, the damage shall be repaired and restored as expeditiously as possible by and at the expense of Landlord, and further Tenant may elect to terminate this Lease if: (i) Landlord fails to give written notice within twenty (20) days from the date of such damage of its intention to repair and restore the Leased Premises, the Property or the Common Areas; or (ii) Landlord fails to repair and restore the Leased Premises, the Property or the Common Areas within ninety (90) days from the date of such damage. (b) If the Building is totally destroyed or rendered wholly untenantable by fire or any other cause, this Lease shall terminate at the election of either party, written notice of such election to be given within thirty (30) days after the date of the damage; provided, however, Landlord may not terminate this Lease unless Landlord terminates the leases of all other tenants in the Building similarly situated to Tenant. In the event that neither party terminates this Lease, Landlord shall restore the Building to the condition in which it existed prior to the destruction within one hundred eighty (180) days from the date of the damage, and further, upon Landlord’s failure to complete such repairs, Tenant may elect to terminate this Lease. (c) During any period of time prior to the completion of the repair and restoration of the Leased Premises, the Building or the Common Areas after damage by fire or any other cause, the Rent shall be abated on a pro rata basis from the date of the damage until the date of substantial completion of the repairs and restoration based on the proportion of the rentable area of the Leased Premises, the Building or the Common Areas that Tenant is unable to use during the repair period. (d) Notwithstanding the foregoing, in the event (i) insurance proceeds are not available to the Landlord or (ii) insurance proceeds are inadequate to effect all of the repairs for which Landlord is obligated pursuant to the terms of this Lease, Tenant shall have the right to terminate this Lease in which event the Rent shall be apportioned and paid to the date of such damage. (e) Notwithstanding anything to the contrary set forth in this Lease, in the event any such casualty of any portion of the Premises leaves Tenant not reasonably capable of using the Premises for its intended purposes, then all Rent (including any and all Additional Rent) shall ▇▇▇▇▇ during the period of restoration of such damage or casualty. Unless Landlord can complete any such repairs to the Leased Premises within one hundred eighty (180) days after the date of such casualty, Tenant, at its sole option, shall have the right to terminate this Lease with the obligation to pay any and all Rent (including Additional Rent) terminating as of the date of such casualty.

DAMAGE CLAUSE. (a) If Section 16.1. In case during the Leased Premises, including term hereof the Building, the Common Areas and parking spaces, demised premises shall be partly partially damaged (as distinguished from "substantially damaged", as that term is hereinafter defined) by fire or any other causecasualty, the Landlord shall forthwith proceed to repair such damage and restore the demised premises, or so much thereof as was originally constructed by the Landlord or any predecessor in title to the Landlord, to substantially their condition at the time of such damage, but the Landlord shall not be responsible for any delay which may result from any cause beyond the Landlord's reasonable control. Section 16.2. In case during the term hereof the demised premises shall be repaired substantially damaged or destroyed by fire or other casualty, the risk of which is covered by the Landlord's insurance, this lease shall, except as hereinafter provided, remain in full force and restored effect, and the Landlord shall promptly after such damage and the determination of the net amount of insurance proceeds available to the Landlord, expend so much as expeditiously may be necessary of such net amount to restore, to the extent originally constructed by the Landlord or any predecessor in title to the Landlord (consistent, however, with zoning laws and building codes then in existence to the extent applicable to such reconstruction), so much of the demised premises as possible was originally constructed by and the Landlord to substantially the condition in which such portion of the demised premises was in at the expense time of such damage, except as hereinafter provided, but the Landlord shall not be responsible for delay which may result from any cause beyond the reasonable control of the Landlord. Should the net amount of insurance proceeds available to the Landlord be insufficient to cover the cost of restoring the demised premises, in the reasonable estimate of the Landlord, the Landlord may, but shall have no obligation to, supply the amount of such insufficiency and further restore the demised premises with all reasonable diligence or the Landlord may terminate this lease by giving notice to the Tenant not later than a reasonable time after the Landlord has determined the estimated net amount of insurance proceeds available to the Landlord and the estimated cost of such restoration. In case of substantial damage or destruction, as a result of a risk which is not covered by the Landlord's insurance, the Landlord shall likewise be obligated to rebuild the demised premises, all as aforesaid, unless the Landlord, within a reasonable time after the occurrence of such event, gives written notice to the Tenant of the Landlord's election to terminate this lease. If the Landlord shall elect to terminate this lease, as aforesaid, this lease and the term hereof shall cease and come to an end as of the date of said damage or destruction. If the Landlord has not restored the demised premises to the extent required under this Section 16.2 within eighteen (18) months after the date of such damage or destruction, such eighteen (18) month period to be extended to the extent of any delays in the completion of such restoration due to matters beyond the Landlord's reasonable control, then the Tenant may elect to terminate this Lease if: (i) Landlord fails to give written notice within twenty (20) days from the date of such damage of its intention to repair and restore the Leased Premises, the Property or the Common Areas; or (ii) Landlord fails to repair and restore the Leased Premises, the Property or the Common Areas within ninety (90) days from the date of such damage. (b) If the Building is totally destroyed or rendered wholly untenantable lease by fire or any other cause, this Lease shall terminate at the election of either party, giving written notice of such election to be given the Landlord within thirty (30) days after the date end of such eighteen (18) month period and before the damage; provided, however, Landlord may not terminate this Lease unless Landlord terminates substantial completion of such restoration. If the leases of all other tenants in the Building similarly situated to Tenant. In the event that neither party terminates this Lease, Landlord shall restore the Building to the condition in which it existed prior to the destruction within one hundred eighty (180) days from the date of the damage, and further, upon Landlord’s failure to complete such repairs, Tenant may elect so elects to terminate this Leaselease, then this lease and the term hereof shall cease and come to an end on the date that is sixty (60) days after the date that Landlord receives Tenant's termination notice, unless on or before such date the Landlord has substantially completed such restoration. Section 16.3. However, if the demised premises shall be substantially damaged or destroyed by fire, windstorm, or otherwise within the last two (c2) During any period of time prior to the completion years of the repair and restoration of the Leased Premises, the Building or the Common Areas after damage by fire or any other cause, the Rent shall be abated on a pro rata basis from the date of the damage until the date of substantial completion of the repairs and restoration based on the proportion of the rentable area of the Leased Premises, the Building or the Common Areas that Tenant is unable to use during the repair period. (d) Notwithstanding the foregoing, in the event (i) insurance proceeds are not available to the Landlord or (ii) insurance proceeds are inadequate to effect all of the repairs for which Landlord is obligated pursuant to the terms term of this Leaselease, Tenant either party shall have the right to terminate this Lease in which event lease, provided that notice thereof is given to the Rent other party not later than sixty (60) days after such damage or destruction. If said right of termination is exercised, this lease and the term hereof shall be apportioned cease and paid come to an end as of the date of such damagesaid damage or destruction. Section 16.4. Unless this lease is terminated as provided in Section 16.2, Section 16.3 or Section 16.6 of this ARTICLE XVI, if the demised premises shall be damaged or destroyed by fire or other casualty, then the Tenant shall: (e1) Notwithstanding anything repair and restore all portions of the demised premises not required to be restored by the contrary set forth Landlord pursuant to this ARTICLE XVI to substantially the condition which such portions of the demised premises were in this Lease, at the time of such casualty; (ii) equip the demised premises with trade fixtures and all personal property necessary or proper for the operation of the Tenant's business; and (iii) open for business in the demised premises - as soon thereafter as possible. Section 16.5. In the event any such casualty that the provisions of any portion Section 16.1 or Section 16.2 of this ARTICLE XVI shall become applicable, the Premises leaves Tenant not reasonably capable of using the Premises for its intended purposes, then all Rent (including any minimum rent and all Additional Rent) additional rent payable hereunder other than percentage rent shall ▇▇▇▇▇ be abated or reduced proportionately during the any period of restoration in which, by reason of such damage or casualty. Unless Landlord can complete any such repairs destruction, there is substantial interference with the operation of the business of the Tenant in the demised premises, having regard to the Leased Premises within one hundred eighty (180) days after extent to which the date Tenant may be required to discontinue its business in the demised premises, and such abatement or reduction shall continue for the period commencing with such destruction or damage and ending with the completion by the Landlord of such work of repair and/or reconstruction as the Landlord is obligated to do. Nothing in this Section shall be construed to abate or reduce percentage rent. Section 16.6. If, however, the Shopping Center shall be substantially damaged or destroyed by fire or casualty, Tenantirrespective of whether or not the demised premises are damaged or destroyed, the Landlord shall promptly restore, to the extent originally constructed by the Landlord or any predecessor in title to the Landlord (consistent, however, with zoning laws and building codes then in existence to the extent applicable to such reconstruction), so much of such Shopping Center as was originally constructed by the Landlord or any predecessor in title to Landlord to substantially the condition thereof at its sole optionthe time of such damage, shall have unless the right Landlord, within a reasonable time after such loss, gives notice to the Tenant of the Landlord's election to terminate this Lease with lease. If the obligation Landlord shall give such notice, then anything in this ARTICLE XVI to pay any and all Rent (including Additional Rent) terminating the contrary notwithstanding this lease shall terminate as of the date of such casualtynotice with the same force and effect as if such date were the date originally established as the Expiration Date hereof. If such damage shall render the demised premises untenantable to the extent that Tenant is required to close its store operations in the demised premises and the store does, in fact, close and remain closed solely by reason of such damage for more than three (3) consecutive business days after Tenant gives Landlord notice of such interference and closing then, as Tenant's remedy therefor, the minimum rent and other charges payable hereunder other than percentage rent shall be abated from the date of Tenant's notice until the demised premises shall cease to be untenantable or Tenant reopens the store, whichever occurs first. Section 16.7. The terms "substantially damaged" and "substantial damage", as used in this ARTICLE, shall have reference to damage of such a character as cannot reasonably be expected to be repaired or the premises restored within sixty (60) days from the time that such repair or restoration work would be commenced.

DAMAGE CLAUSE. (aA) If the Improvements shall be damaged or destroyed by fire or other casualty, either in whole or in part, Tenant shall with due diligence remove any resulting debris and repair and/or rebuild the same, in accordance with the Final Plans (to the extent permitted by then applicable Laws), subject to such changes therein as Tenant may propose and which are approved by Landlord and Landlord's mortgagee, which approvals shall not be unreasonably withheld or delayed. During the period of such restoration, there shall be no abatement of the Rent. (B) Anything in this Article to the contrary notwithstanding, it is agreed that if (i) Tenant's Facility is damaged or destroyed by fire or other cause to such an extent that the cost of restoration would exceed 35% of the amount it would have cost to replace Tenant's Facility in its entirety at the time such damage or destruction occurred, and (ii) such damage or destruction occurs during the last 3 years of the initial term, or during the last 3 years of any Option Period, then Tenant shall have the right and option to terminate this Lease by giving Landlord notice of such election within 30 days after the date on which such damage or destruction occurred, and if such notice is given this Lease shall terminate as of the date Tenant vacates the Leased Premises, including the Building, the Common Areas and parking spaces, which date shall be partly damaged by fire or any other cause, the damage shall be repaired and restored as expeditiously as possible by and at the expense of Landlord, and further Tenant may elect to terminate this Lease if: (i) Landlord fails to give written notice within twenty (20) days from the date of such damage of its intention to repair and restore the Leased Premises, the Property or the Common Areas; or (ii) Landlord fails to repair and restore the Leased Premises, the Property or the Common Areas within ninety (90) days from the date of such damage. (b) If the Building is totally destroyed or rendered wholly untenantable by fire or any other cause, this Lease shall terminate at the election of either party, written notice of such election to be given within thirty (30) no later than 45 days after the date giving of the damage; provided, however, Landlord may not terminate this Lease unless Landlord terminates the leases of all other tenants in the Building similarly situated to Tenant. In the event that neither party terminates this Lease, Landlord shall restore the Building to the condition in which it existed prior to the destruction within one hundred eighty (180) days from the date of the damagesuch notice, and further, upon Landlord’s failure to complete such repairs, Tenant may elect to terminate this Lease. (c) During any period of time prior to the completion of the repair and restoration of the Leased Premises, the Building or the Common Areas after damage by fire or any other cause, the Rent shall be abated on a pro rata basis from adjusted as of the effective date of the damage until the date of substantial completion of the repairs and restoration based on the proportion of the rentable area of the Leased Premises, the Building or the Common Areas that Tenant is unable to use during the repair periodtermination. (dC) Notwithstanding In addition to the foregoingother rights of termination accorded Tenant under this Article, in the event it is agreed that if (i) insurance proceeds are not available Tenant's Property is damaged or destroyed by fire or other casualty to the Landlord extent of 35% or more of the amount it would have cost to replace the same in its entirety at the time such damage or destruction occurred, and (ii) insurance proceeds are inadequate to effect all such damage or destruction occurs during the last 3 years of the repairs for which Landlord is obligated pursuant to initial term hereof or during the terms last 3 years of this Leaseany Option Period, then Tenant shall have the right to terminate this Lease in by notice to Landlord given within 60 days after the date on which event such damage or destruction occurred, and this Lease shall automatically terminate as of the date Tenant vacates the Leased Premises and the Rent shall be apportioned and paid to adjusted as of the effective date of such damagetermination. (eD) Notwithstanding anything to the contrary set forth If this Lease is terminated as in this LeaseArticle provided following damage to or destruction of Tenant's Facility, in the event any such casualty proceeds of any portion of the Premises leaves Tenant not reasonably capable of using the Premises for its intended purposes, then all Rent (including any and all Additional Rent) shall ▇▇▇▇▇ during the period of restoration of such damage or casualty. Unless Landlord can complete any such repairs to hazard insurance on the Leased Premises within one hundred eighty (180) days after which is maintained by Tenant pursuant to the date Article captioned "Insurance, Indemnity, Waiver of such casualtySubrogation," etc. shall belong to Landlord, except insurance proceeds in respect of Tenant's Property, which shall belong to Tenant, at its sole optionand Tenant shall pay to Landlord any insurance deductible maintained thereunder and the amount of self-insurance, shall have the right to terminate this Lease with the obligation to pay any and all Rent (including Additional Rent) terminating as of the date of such casualtyif any, maintained by Tenant.

DAMAGE CLAUSE. (aA) If the Improvements shall be damaged or destroyed by fire or other casualty, either in whole or in part, Tenant shall with due diligence remove any resulting debris and repair and/or rebuild the same, in accordance with the Final Plans (to the extent permitted by then applicable Laws), subject to such changes therein as Tenant may propose and which are approved by Landlord and Landlord's mortgagee, which approvals shall not be unreasonabIy withheld or delayed. During the period of such restoration, there shall be no abatement of the Rent. (B) Anything in this Article to the contrary notwithstanding, it is agreed that if (i) Tenant's Facility is damaged or destroyed by fire or other cause to such an extent that the cost of restoration would exceed 35% of the amount it would have cost to replace Tenant's Facility in its entirety at the time such damage or destruction occurred, and (ii) such damage or destruction occurs during the last 3 years of the initial term, or during the last 3 years of any Option Period, then Tenant shall have the right and option to terminate this Lease by giving Landlord notice of such election within 30 days after the date on which such damage or destruction occurred, and if such notice is given this Lease shall terminate as of the date Tenant vacates the Leased Premises, including the Building, the Common Areas and parking spaces, which date shall be partly damaged by fire or any other cause, the damage shall be repaired and restored as expeditiously as possible by and at the expense of Landlord, and further Tenant may elect to terminate this Lease if: (i) Landlord fails to give written notice within twenty (20) days from the date of such damage of its intention to repair and restore the Leased Premises, the Property or the Common Areas; or (ii) Landlord fails to repair and restore the Leased Premises, the Property or the Common Areas within ninety (90) days from the date of such damage. (b) If the Building is totally destroyed or rendered wholly untenantable by fire or any other cause, this Lease shall terminate at the election of either party, written notice of such election to be given within thirty (30) no later than 45 days after the date giving of the damage; provided, however, Landlord may not terminate this Lease unless Landlord terminates the leases of all other tenants in the Building similarly situated to Tenant. In the event that neither party terminates this Lease, Landlord shall restore the Building to the condition in which it existed prior to the destruction within one hundred eighty (180) days from the date of the damagesuch notice, and further, upon Landlord’s failure to complete such repairs, Tenant may elect to terminate this Lease. (c) During any period of time prior to the completion of the repair and restoration of the Leased Premises, the Building or the Common Areas after damage by fire or any other cause, the Rent shall be abated on a pro rata basis from adjusted as of the effective date of the damage until the date of substantial completion of the repairs and restoration based on the proportion of the rentable area of the Leased Premises, the Building or the Common Areas that Tenant is unable to use during the repair periodtermination. (dC) Notwithstanding In addition to the foregoingother rights of termination accorded Tenant under this Article, in the event it is agreed that if (i) insurance proceeds are not available Tenant's Property is damaged or destroyed by fire or other casualty to the Landlord extent of 35% or more of the amount it would have cost to replace the same in its entirety at the time such damage or destruction occurred, and (ii) insurance proceeds are inadequate to effect all such damage or destruction occurs during the last 3 years of the repairs for which Landlord is obligated pursuant to initial term hereof or during the terms last 3 years of this Leaseany Option Period, then Tenant shall have the right to terminate this (D) If this Lease is terminated as in this Article provided following damage to or destruction of Tenant's Facility, the proceeds of all hazard insurance on the Leased Premises which event the Rent shall be apportioned and paid is maintained by Tenant pursuant to the date Article captioned" Insurance, Indemnity, Waiver of such damageSubrogation," etc. shall belong to Landlord, except insurance proceeds in respect of Tenant's Property, which shall belong to Tenant, and Tenant shall pay to Landlord any insurance deductible maintained thereunder and the amount of self-insurance, if any, maintained by Tenant. 15. INSURANCE, INDEMNITY, WAIVER OF SUBROGATION AND FIRE PROTECTION. (eA) Notwithstanding anything During the preliminary term, Tenant shall keep or cause its contractor to keep in full force and effect a policy in commercially reasonable form of builder's risk insurance covering loss or damage to the contrary Improvements to the extent of not less than 100% of the replacement cost thereof, exclusive of foundations and footings. Thereafter, during the term hereof, Tenant, at Tenant's expense, shall keep the Leased Premises (excluding foundations, footings and underground improvements) insured in the name of Landlord and Tenant (as their interests may appear) against damage or destruction by fire and the perils commonly covered under a policy of property insurance on a special causes of loss form (formerly known as "all risk" insurance), to the extent of not less than 100% of the full replacement cost thereof, with a commercially reasonable deductible (the amount of which commercially reasonable deductible is currently not in excess of $250,000.00), which deductible shall also apply to the builder's risk insurance required above. Provided that Tenant is not then in default, after applicable notice and cure periods, the proceeds of such insurance in case of loss or damage shall be held in trust by Landlord or Landlord's Mortgagee and disbursed (in a manner substantially similar to the procedure for payment of the Construction Allowance) to Tenant during the course of Tenant's restoration of the Improvements pursuant to the Article captioned "Damage Clause" to the extent that such proceeds are required for such purpose. The insurance required to be carried by Tenant under this paragraph and paragraph (B) of this Article (i) may be covered under a so-called "blanket" policy covering other operations of Tenant and its affiliates, and (ii) shall be evidenced by a certificate of insurance from Tenant's insurer. Tenant shall name the holder of the first Mortgage on the Leased Premises (currently, the Sakura Bank, Limited, Los Angeles Agency) pursuant to a standard mortgagee clause with respect to the foregoing property insurance (including the builder's risk insurance), provided such holder agrees with Tenant in writing to disburse such insurance proceeds to Tenant for, and periodically during the course of, repair and restoration of the Improvements as set forth in this Lease. During the continuance of Tenant's Operating Covenant, in the event any such casualty of any portion of the Premises leaves Tenant not reasonably capable of using the Premises for its intended purposesshall maintain property insurance on Tenant's Property, then all Rent (including any and all Additional Rent) shall ▇▇▇▇▇ during the period of restoration of such damage or casualty. Unless Landlord can complete any such repairs to the Leased Premises within one hundred eighty (180) days after the date of such casualty, Tenant, at its sole option, shall have the right to terminate this Lease consistent with the obligation to pay any and all Rent (including Additional Rent) terminating as of the date of such casualtyinsurance coverage Tenant maintains on Tenant's Property in its similar facilities.