Common use of Damage/Destruction Clause in Contracts

Damage/Destruction. It is understood and agreed that, notwithstanding the other provisions of this Lease, if the Leased Space is damaged or destroyed by fire, lightning or tempest or by other casualty against which the Landlord is insured, so as to render the Leased Space unfit for the purpose of the Tenant or incapable of access, the rent hereby reserved or a proportionate part thereof, according to the nature of the damage to the Leased Space, shall xxxxx until the Leased Space is rebuilt. The Landlord agrees that it will with reasonable diligence repair the Leased Space and make the same capable of access, unless the Tenant is obliged to repair under the terms hereof, or unless this Lease is terminated as hereinafter provided. If the Leased Space are damaged or destroyed by any cause whatsoever such that the opinion of the architects of the Landlord is the demised premises cannot be rebuilt or made fit for the purposes of the Tenant within sixty days of the damage or destruction, the Landlord instead of making the Leased Space fit for the Tenant may at its option terminate this Lease by giving notice of termination to the Tenant within sixty days after such damage or destruction. Thereupon rent and any other payment for which the Tenant is liable under this Lease shall be apportioned and paid to the date of such damage and the Tenant shall immediately deliver up possession of the Leased Space to the Landlord and remove the Solar Power System installed by the Tenant. Irrespective of whether the Leased Space is damaged or destroyed, in the event that eighty per cent or more of the area in the building is damaged or destroyed by any cause whatsoever such that in the opinion of the architects of the Landlord the same cannot be rebuilt or made fit for the purpose of the Tenant within one hundred and eighty days after such damage, notice of termination requiring vacant possession of the Leased Space thirty days after delivery of the notice of termination. Rent and any other payments for which the Tenant is liable under this Lease shall be apportioned and paid to the date on which the Leased Space was damaged or destroyed and the Tenant shall remove the Solar Power System, vacate the Leased Space and surrender same to the Landlord.

Damage/Destruction. It is understood and agreed thatthirty (30) days after said receipt), notwithstanding but in all events, not more than three (3) months after the other provisions of this Lease, if the Leased Space is damaged or destroyed by fire, lightning or tempest or by other casualty against which the Landlord is insured, so as to render the Leased Space unfit for the purpose occurrence of the Tenant or incapable of accessdamage, and the rent hereby reserved or a proportionate part thereof, until such repairs shall be made shall be apportioned according to the nature part of the damage Demised Premises which is usable by Tenant. Notwithstanding anything to the Leased Spacecontrary herein, shall xxxxx until in the Leased Space is rebuilt. The Landlord agrees that it will with reasonable diligence repair event the Leased Space and make the same capable of access, unless the Tenant is obliged to repair under the terms hereof, Demised Premises are substantially damaged by fire or unless this Lease is terminated as hereinafter provided. If the Leased Space are damaged or destroyed by any cause whatsoever such other causes so that the opinion of the architects of the Landlord is the demised premises Demised Premises cannot be rebuilt or made fit operated by Tenant, then the rent and additional rent (except taxes) shall be fully abated until (a) Landlord completes repairs to the Demised Premises and same may be lawfully occupied by Tenant for the purposes set forth in Section 3.1 hereof, and (b) the earlier of the date Tenant within sixty opens for business or thirty (30) days after (a) occurs. Tenant acknowledges that Landlord is not obligated to carry insurance on Tenant's furniture and/or furnishings or any fixtures or equipment, improvements, alterations or appurtenances owned, made or installed by Tenant, and agrees that Landlord is not obligated to repair any damages thereto or replace the same. Landlord's obligation to repair and restore the Demised Premises is limited to the condition of the damage Demised Premises as it was immediately preceding the damage. No penalty shall accrue for unavoidable delays, or destructionany other cause beyond Landlord's control; provided, Landlord uses due diligence to complete the required repairs. Notwithstanding anything to the contrary herein, in the event the premises are substantially damaged by fire or other cause during the last two (2) years of the initial or any extended term, Tenant and Landlord instead of making shall each have the Leased Space fit for the Tenant may at its option right to terminate this Lease by giving thirty (30) days notice of termination to the other party of its election to terminate this Lease, and thereupon the term of this Lease shall expire upon the date set forth in said notice, and Tenant within sixty days after such damage shall surrender possession of the Demised Premises to Landlord on or destruction. Thereupon before said date, and the rent and any other payment for which the Tenant is liable under this Lease additional rent shall be apportioned and paid to said date. If neither party elects to terminate this Lease, then Rent shall abate until the date of such damage and the Tenant shall immediately deliver up possession of the Leased Space to the Landlord and remove the Solar Power System installed by the Tenant. Irrespective of whether the Leased Space is damaged or destroyed, in the event that eighty per cent or more of the area in the building is damaged or destroyed by any cause whatsoever such that in the opinion of the architects of the Landlord the same cannot be rebuilt or made fit for the purpose of the Tenant within one hundred and eighty days after such damage, notice of termination requiring vacant possession of the Leased Space thirty days after delivery of the notice of termination. Rent and any other payments for which the Tenant is liable under this Lease shall be apportioned and paid to the date on which the Leased Space was damaged or destroyed and the Tenant shall remove the Solar Power System, vacate the Leased Space and surrender same to the LandlordDemised Premises are restored.

Damage/Destruction. It is understood If the Demised Premises or the building where the Demised Premises are located should be damaged or destroyed during the term by fire or other insured casualty without the fault of Tenant, Landlord shall, subject to the time that elapses due to adjustment of fire insurance, repair and/or restore the same to substantially the condition it was in immediately prior to such damage or destruction, except as in this Article provided. Landlord's obligation under this Article shall in no event exceed the scope of the work required to be done by Landlord in the original construction of the building. Landlord shall not be required to, but Landlord shall with due dispatch, replace or restore forthwith any trade fixtures, signs or other installations theretofore installed by tenant. All Rent and agreed that, notwithstanding the other provisions of Additional Rent payable under this Lease, if shall be equitably abated. Such abatement shall continue for the Leased Space is damaged period commencing with such damage or destroyed destruction and ending with the completion by fire, lightning or tempest or by other casualty against which the Landlord of such work of repair and/or reconstruction as Landlord is insuredobligated to do. If, so as to render the Leased Space unfit for the purpose of the Tenant or incapable of accesshowever, the rent hereby reserved Demised Premises or a proportionate part thereof, according to the nature of building containing it or the damage to other buildings in the Leased Space, shall xxxxx until the Leased Space is rebuilt. The Landlord agrees that it will with reasonable diligence repair the Leased Space and make the same capable of access, unless the Tenant is obliged to repair under the terms hereof, or unless this Lease is terminated as hereinafter provided. If the Leased Space are Office Park should be damaged or destroyed by any cause whatsoever such so that the opinion of Landlord shall decide to demolish or to completely rebuild the architects of Demised Premises or the building containing it or the other damaged buildings in the Office Park, Landlord is the demised premises cannot be rebuilt or made fit for the purposes of the Tenant may, within sixty days of the damage or destruction, the Landlord instead of making the Leased Space fit for the Tenant may at its option terminate this Lease by giving notice of termination to the Tenant within sixty (60) days after such damage or destruction. Thereupon rent destruction give Tenant written notice of such decision and any other payment for which the Tenant is liable under thereupon this Lease shall be apportioned and paid deemed to have terminated as of the date of such the damage or destruction and the Tenant shall immediately deliver up possession of quit and surrender the Leased Space Demised Premises to Landlord. If damage to the Demised Premises exceeds 30% thereof during the last two years, either Landlord and remove the Solar Power System installed by the Tenant. Irrespective of whether the Leased Space is damaged or destroyed, in the event that eighty per cent or more of the area in the building is damaged or destroyed by any cause whatsoever such that in the opinion of the architects of the Landlord the same cannot be rebuilt or made fit for the purpose of the Tenant within one hundred and eighty days after such damage, notice of termination requiring vacant possession of the Leased Space thirty days after delivery of the notice of termination. Rent and any other payments for which the Tenant is liable under may cancel this Lease shall be apportioned and paid to the date on which the Leased Space was damaged or destroyed and the Tenant shall remove the Solar Power System, vacate the Leased Space and surrender same to the LandlordLease.

Damage/Destruction. It is understood (a) In the event of any casualty loss exceeding $500,000 as reasonably estimated by Tenant, Tenant shall give Landlord and agreed thatLender immediate notice thereof. Tenant shall adjust, notwithstanding collect by check made payable to the Trustee, except as otherwise provided in Section 14(b), and compromise any and all such claims, with the consent of Lender and Landlord, not to be unreasonably withheld or delayed and Landlord and Lender shall have the right to join with Tenant therein. All proceeds pertaining to, or allocable to the Leased Premises (subject to Section 14(b)) shall be paid to a Trustee which shall be a federally insured bank or other provisions of this Leasefinancial institution, selected by Landlord and Tenant and reasonably satisfactory to Lender (the "Trustee"). If the Leased Premises shall be covered by a Mortgage, Lender, if it so desires, shall be the Leased Space Trustee. Each insurer is damaged or destroyed hereby authorized and directed upon the occurrence and during the continuance of an Event of Default to make payment under said policies directly to such Trustee instead of to Landlord and Tenant jointly. (b) All insurance proceeds received for business interruption loss and proceeds received in connection with continuation of business after an event of casualty loss (i.e., such as compensation for salaries of employees who might be displaced by fire, lightning or tempest or by other such casualty against which and/or the Landlord is insured, so as resulting Restoration) shall be payable directly to render the Leased Space unfit for the purpose of the Tenant or incapable of access, the rent hereby reserved or a proportionate part thereof, according and not to the nature Trustee. (c) In the event of the any casualty (whether or not insured against) resulting in damage to the Leased SpacePremises or any part thereof, the Term shall xxxxx until nevertheless continue and there shall be no abatement or reduction of Basic Rent, Additional Rent, Non-Rent Monetary Obligations or any other sums payable by Tenant hereunder. The Net Proceeds of such insurance payment shall be retained by the above-mentioned Trustee and, promptly after such casualty, Tenant shall commence and diligently continue to perform the Restoration to the Leased Space is rebuiltPremises. The Landlord agrees that it will with reasonable diligence repair Upon payment to the Leased Space and Trustee of such Net Proceeds, the Trustee shall, to the extent available, make the same capable Net Proceeds available to Tenant for restoration, in accordance with the provisions of accessSection 15. Tenant shall, unless whether or not the Tenant is obliged Net Proceeds are sufficient for the purpose, promptly repair or replace the Improvements as nearly as possible to repair under their value and condition and character immediately prior to such event and otherwise in accordance with all Insurance Requirements and Legal Requirements and the terms hereof, or unless provisions of this Lease is terminated as hereinafter provided. If (including Tenant's making any desired Alterations allowed hereunder) and the Leased Space are damaged or destroyed by any cause whatsoever Net Proceeds of such that the opinion of the architects of the Landlord is the demised premises cannot loss shall thereupon be rebuilt or made fit for the purposes of the Tenant within sixty days of the damage or destructionpayable to Tenant, the Landlord instead of making the Leased Space fit for the Tenant may at its option terminate this Lease by giving notice of termination subject to the Tenant within sixty days after such damage or destructionprovisions of Section 15 hereof. Thereupon rent and any other payment for which the Tenant is liable under this Lease shall be apportioned and paid to the date of such damage and the Tenant shall immediately deliver up possession of the Leased Space to the Landlord and remove the Solar Power System installed by the Tenant. Irrespective of whether the Leased Space is damaged or destroyed, in (d) In the event that eighty per cent any damage or more destruction shall occur at such time as Tenant shall not have maintained insurance in accordance with Section 13(a)(i), Tenant shall pay to the Trustee the amount of the area proceeds that would have been payable had such insurance program been in effect (the building is damaged or destroyed by any cause whatsoever such that in the opinion of the architects of the Landlord the same cannot be rebuilt or made fit for the purpose of the "Tenant within one hundred and eighty days after such damage, notice of termination requiring vacant possession of the Leased Space thirty days after delivery of the notice of terminationInsurance Payment"). Rent and any other payments for which the Tenant is liable under this Lease shall be apportioned and paid to the date on which the Leased Space was damaged or destroyed and the Tenant shall remove the Solar Power System, vacate the Leased Space and surrender same to the Landlord15.