Common use of Damage or Destruction by Fire or Other Casualty Clause in Contracts

Damage or Destruction by Fire or Other Casualty. A. Tenant shall give prompt notice to Landlord in case of fire or other damage to the Premises or the Building containing the Premises. In the event the Premises are damaged by fire, explosion, flood, tornado or by the elements, or through any casualty, or otherwise, after the commencement of the term of this Lease, the Lease shall continue in full force and effect. If the extent of the damage is less than Fifty Percent (50%) of the cost of replacement of the Premises, the damage shall promptly be repaired by Landlord at Landlord's expense, provided that Landlord shall not be obligated to so repair if such fire, explosion or other casualty is caused directly by the negligence of Tenant, its subtenants, permitted concessionaires, or their agents, servants or employees, and provided further that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event of any such damage and (a) Landlord is not required to repair as hereinabove provided, or (b) the Premises shall be damaged to the extent of Fifty Percent (50%) or more of the cost of replacement, or (c) the Building of which the Premises are a part is damaged to the extent of Twenty-Five Percent (25%) or more of the cost of replacement, or (d) all buildings (taken in the aggregate) in the Building shall be damaged to the extent of more than Twenty-Five Percent (25%) of the aggregate cost of replacement, Landlord may elect either to repair or rebuild the Premises or the Building or buildings, or to terminate this Lease upon giving notice of such election to Tenant within Ninety (90) days after the occurrence of the event causing the damage.

Damage or Destruction by Fire or Other Casualty. A. 8.1.1 Tenant shall give prompt notice to Landlord in case of fire or other damage to the Premises or the Building containing the PremisesBuilding. In the event the Premises are damaged by fire, explosion, flood, tornado or by the elements, or through any casualty, or otherwise, after the commencement of the term of this LeaseLease Term, the Lease shall continue in full force and effecteffect at Landlord's election. If Landlord elects to continue the extent of the damage is less than Fifty Percent (50%) of the cost of replacement of the PremisesLease, the damage shall promptly be repaired by Landlord at Landlord's expense, provided that Landlord shall not be obligated to so repair if such fire, explosion or other casualty is caused directly by the negligence or malfeasance of Tenant, its Tenant's subtenants, permitted assignees, permitted concessionaires, or its or their agents, servants or employees, and provided further that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings coverings, machinery and equipment. In the event of any such damage and (a) Landlord is not required to repair as hereinabove provided, or (b) the Premises shall be damaged to the extent of Fifty Percent (50%) or more of the cost of replacement, or (c) the Building of which the Premises are a part is damaged to the extent of Twenty-Five Percent (25%) or more of the cost of replacement, or (d) all buildings (taken in the aggregate) in the Building shall be damaged to the extent of more than Twenty-Five Percent (25%) of the aggregate cost of replacement, Landlord may elect either to repair or rebuild the Premises Premises, or the Building or buildingsBuilding, or to terminate this Lease upon giving notice of such election to Tenant within Ninety sixty (9060) days after the occurrence of the event causing the damage. If the anticipated period for repairing the Premises exceeds 180 days from the date of the casualty, then Tenant may elect to terminate this Lease by providing written notice to Landlord effective 30 days after delivery of such notice.

Damage or Destruction by Fire or Other Casualty. A. (a) Tenant shall give prompt notice to Landlord in case of fire or other damage to the Premises or the Building building(s) containing the Premises. In the event the Premises are damaged by fire, explosion, flood, tornado or by the elements, or through any casualty, or otherwise, after the commencement of the term of this Lease, the Lease shall continue in full force and effect. If the extent of the damage is less than Fifty Percent fifty percent (50%) of the cost of replacement of the Premises, the damage shall promptly be repaired by Landlord at Landlord's expense, provided that Landlord shall not be obligated to so repair if such fire, explosion or other casualty is caused directly by the negligence of Tenant, its subtenants, permitted concessionaires, or their agents, servants or employees, and provided further that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event of any such damage and (ai) Landlord is not required to repair as hereinabove provided, ; or (bii) the Premises shall be damaged to the extent of Fifty Percent fifty percent (50%) or more of the cost of replacement, ; or (ciii) the Building building of which the Premises are a part is damaged to the extent of Twentytwenty-Five Percent five percent (25%) or more of the cost of replacement, ; or (div) all buildings (taken in the aggregate) in the Building Center shall be damaged to the extent of more than Twentytwenty-Five Percent rive percent (25%) of the aggregate cost of replacement, Landlord may elect either to repair or rebuild the Premises or the Building building or buildings, or to terminate this Lease upon giving notice of such election to Tenant within Ninety ninety (90) days after the occurrence of the event causing the damage.

Damage or Destruction by Fire or Other Casualty. A. Tenant shall give prompt notice to Landlord in case of fire or other damage to If the Premises or the Building containing the Premises. In the event the Leased Premises are damaged or destroyed by fire, explosion, flood, tornado or by the elements, or through any casualty, or otherwise, after the commencement of the term of Lease Term, this Lease, the Lease shall continue in full force and effect. If , and Landlord at its expense shall promptly restore, repair or rebuild the extent Leased Premises, to the same condition as it existed when the possession of the damage is less than Fifty Percent (50%) Leased Premises were turned over to the Tenant at the commencement of the cost of replacement of the PremisesLease Term, the within 180 days after such damage shall promptly be repaired by Landlord at Landlord's expense, provided that Landlord shall not be obligated to so repair if such fire, explosion or other casualty is caused directly by the negligence of Tenant, its subtenants, permitted concessionaires, or their agents, servants or employees, and provided further that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipmentdestruction. In the event of any such damage and (a) the Landlord is not required fails to repair restore the Leased Premises as hereinabove providedaforesaid, or (b) the Premises Tenants sole remedy against Landlord shall be damaged to the extent of Fifty Percent (50%) or more of the cost of replacement, or (c) the Building of which the Premises are a part is damaged to the extent of Twenty-Five Percent (25%) or more of the cost of replacement, or (d) all buildings (taken in the aggregate) in the Building shall be damaged to the extent of more than Twenty-Five Percent (25%) of the aggregate cost of replacement, Landlord may elect either to repair or rebuild the Premises or the Building or buildings, or to terminate this Lease upon giving notice as of the date of such election to Tenant within Ninety casualty. Rent and additional rent, if any, shall xxxxx from the date of such damage or destruction until ten (9010) days after Landlord has repaired or restored the occurrence building in the manner and in the condition provided in this Section and notified Tenant of such fact. In the event that a part only of the event causing Leased Premises is untenantable or incapable of use for the damagenormal conduct of Tenants business therein, a just and proportionate part of the rent shall be abated from the date of such damage until ten (10) days after Landlord has completed repaired same and notified Tenant of such fact. No damage or destruction to the Leased Premises shall allow Tenant to surrender possession of the Leased Premises nor affect Tenants liability for the payment of rent or any other covenant contained herein, except as may be specifically provided in this Lease. Notwithstanding any of the provisions herein to the contrary, Landlord shall have no obligation to rebuild the premises unless the damage or destruction is a result of a casualty covered by Landlords insurance policy. Tenant shall give to Landlord prompt written notice of any damage to or destruction of any portion of the Leased Premises resulting from fire or other casualty.

Damage or Destruction by Fire or Other Casualty. A. Tenant shall give prompt notice to Landlord in case If at any time the Premises become totally untenantable by reason of damage or loss by fire or other casualty and such fire or other casualty shall not have been caused by the negligence or wrongful act or omission of Tenant, Tenant's servants, agents, licensees, or invitees, the rent shall abate until the Premises shall have xxxx restored to tenantable condition, but nothing herein shall be construed as requiring Landlord to restore or rebuild the Premises. If the Premises are so damaged, but not to the extent that they are untenantable, Tenant shall continue to occupy the same, or the tenantable portion thereof, and the rent shall abate proportionately in the ratio xxxx the portion unusable for the Permitted Use bears to the entire Premises. In the event of damage or destruction to the Premises from fire or other casualty, Landlord may elect not to rebuild or restore the Premises. Such election may be exercised by giving written notice thereof to Tenant within 45 days from the date such damage or destruction occurs. If Landlord exercises such election, this lease shall cease and terminate, effective on the date of such damage or destruction, and Tenant shall pay the accrued rent up to the date of such damage or destruction, or Landlord, if the rent has been paid beyond such date, will refund to Tenant the proportionate part of any such prepaid rent, and thereupon this Lease shall terminate, even though the Premises or the Building containing the Premisesmay at a later date be rebuilt, restored or reconditioned. In the event the Premises are damaged by fire, explosion, flood, tornado No damage or by the elements, or through any casualty, or otherwise, after the commencement of the term of this Lease, the Lease destruction shall continue in full force and effect. If the extent of the damage is less than Fifty Percent (50%) of the cost of replacement allow Tenant to surrender possession of the Premises, nor effect Tenant's liability for the damage shall promptly payment of rent, except as may be repaired by Landlord at Landlord's expense, specifically provided that in this Lease. Landlord shall not be obligated to so repair if such fire, explosion or other casualty is caused directly by restore the negligence of Tenant, its subtenants, permitted concessionaires, or their agents, servants or employees, and provided further that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event of any such damage and (a) Landlord is not required to repair as hereinabove provided, or (b) the Premises shall be damaged to the extent of Fifty Percent (50%) or more of the cost of replacement, or (c) the Building of which the Premises are a part is damaged to the extent of Twenty-Five Percent (25%) or more of the cost of replacement, or (d) all buildings (taken in the aggregate) in the Building shall be damaged to the extent of more than Twenty-Five Percent (25%) of the aggregate cost of replacement, Landlord may elect either to repair or rebuild the Premises or the Building or buildings, or to terminate this Lease upon giving notice of such election Leased premises to Tenant within Ninety (90) 90 days after the occurrence of written notice to rebuild the event causing premises has been delivered, or Tenant may terminate the damageLease.

Damage or Destruction by Fire or Other Casualty. A. Tenant shall give prompt notice to Landlord in case If at any time, the Premises become totally untenable by reason of damage or loss by fire or other damage casualty and such fire or other casualty shall not have been caused by the negligence or wrongful act or omission of Tenant, Xxxxxx's servants, agents, licensees, or invitees, the Rent shall xxxxx until the Premises shall have been restored to tenantable condition, but nothing herein is to be construed as requiring Landlord to restore or rebuild the Premises. If the Premises are so damaged, but not to the Premises extent that they are totally untenable, Tenant shall continue to occupy same or the Building containing tenable portion thereof, and the Rent shall xxxxx proportionately in the ratio that the unusable portion bears to the entire Premises. In the event of a loss from fire or other casualty, Landlord shall have an election not to rebuild or recondition the Premises are damaged Premises, which election shall be exercised by firewritten notice thereof to Tenant, explosiongiven within ninety (90) days from date of said loss. If Landlord exercises such election, floodthis Lease shall cease and terminate, tornado or by effective on the elementsdate of such loss, and Tenant shall pay the accrued Rent up to the date of such loss, or through Landlord, if the Rent has been paid beyond such date, will refund to Tenant the proportionate part of any casualtysuch Rent prepaid, and thereupon this lease shall become null and void, with no further obligation on the part of either party hereto, even though the Property may at a later date be rebuilt, restored or otherwise, after the commencement of the term of this Lease, the Lease reconditioned. No damage or destruction shall continue in full force and effect. If the extent of the damage is less than Fifty Percent (50%) of the cost of replacement allow Xxxxxx to surrender possession of the Premises, nor affect Xxxxxx's liability for the damage shall promptly be repaired by Landlord at Landlord's expensepayment of Rent, except as specifically provided that Landlord shall not be obligated to so repair if such fire, explosion or other casualty is caused directly by the negligence of Tenant, its subtenants, permitted concessionaires, or their agents, servants or employees, and provided further that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event of any such damage and (a) Landlord is not required to repair as hereinabove provided, or (b) the Premises shall be damaged to the extent of Fifty Percent (50%) or more of the cost of replacement, or (c) the Building of which the Premises are a part is damaged to the extent of Twenty-Five Percent (25%) or more of the cost of replacement, or (d) all buildings (taken in the aggregate) in the Building shall be damaged to the extent of more than Twenty-Five Percent (25%) of the aggregate cost of replacement, Landlord may elect either to repair or rebuild the Premises or the Building or buildings, or to terminate this Lease upon giving notice of such election to Tenant within Ninety (90) days after the occurrence of the event causing the damageLease.

Damage or Destruction by Fire or Other Casualty. A. 7.1.1 Tenant shall give prompt notice to Landlord in case of fire or other damage to the Premises or the Building containing the PremisesBuilding. In the event the Premises are damaged by fire, explosion, flood, tornado or by the elements, or through any casualty, or otherwise, after the commencement of the term of this LeaseLease Term, the Lease shall continue in full force and effect. If the extent of the _______________/ JK LANDLORD TENANT damage is less than Fifty Percent fifty percent (50%) of the cost of replacement of the Premises, the damage shall promptly be repaired by Landlord at Landlord's expense, provided that Landlord shall not be obligated to so repair if such fire, explosion or other casualty is caused directly by the negligence or malfeasance of Tenant, its or any other tenant, their subtenants, permitted concessionaires, or their agents, servants or employees, and provided further that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event of any such damage and (a) Landlord is not required to repair as hereinabove provided, or (b) the Premises shall be damaged to the extent of Fifty Percent fifty percent (50%) or more of the cost of replacement, or (c) the Building of which the Premises are a part is damaged to the extent of Twentytwenty-Five Percent five percent (25%) or more of the cost of replacement, or (d) all buildings (taken in the aggregate) in the Building shall be damaged to the extent of more than Twenty-Five Percent (25%) of the aggregate cost of replacement, Landlord may elect either to repair or rebuild the Premises Premises, or the Building or buildingsBuilding, or to terminate this Lease upon giving notice of such election to Tenant within Ninety ninety (90) days after the occurrence of the event causing the damage.

Damage or Destruction by Fire or Other Casualty. A. Tenant If the Premises or any part thereof shall give prompt notice to Landlord in case of be substantially damaged or destroyed by fire or other casualty, Landlord shall promptly repair all such damage and restore the Premises without expense to Tenant, subject to delays due to adjustment of insurance claims, strikes and other causes beyond Landlord's control. If such damage or destruction shall render the Premises untenantable in whole or in part, the rent shall be abated wholly or proportionately as the case may be until the damage shall be repaired and Premises restored. If the damage or destruction shall be so extensive as to require the substantial rebuilding (i.e., expenditure of fifty (50%) percent or more of total Building replacement cost) of the Building, either Landlord or Tenant may elect to terminate this Lease by written notice to the other given within thirty (30) days after the occurrence of such damage or destruction. With reference to any damage or destruction, if it is anticipated that said rebuilding will take in excess of one hundred twenty (120) days, Landlord shall notify Tenant and Tenant shall be given the option of canceling this Lease within ten (10) working days of said notification and if this Lease is not so canceled, Landlord shall rebuild or contract for said rebuilding. Landlord and Tenant hereby release each other from liability for loss or damage occurring on or to the Premises or the Building containing of which they are a part or to the Premisescontent of either thereof, caused by fire or other hazards ordinarily covered by fire and extended coverage insurance policies and each waives all rights of recovery against the other for such loss or damage. In the event the Premises are damaged by fireWillful misconduct lawfully attributable to either party, explosion, flood, tornado whether in whole or by the elements, or through any casualty, or otherwise, after the commencement in part a contributing cause of the term of this Leasecasualty giving rise to the loss or damage, the Lease shall continue in full force and effect. If the extent of the damage is less than Fifty Percent (50%) of the cost of replacement of the Premises, the damage shall promptly be repaired by Landlord at Landlord's expense, provided that Landlord shall not be obligated excused under the foregoing release and waiver. Landlord hereby agrees to so repair if such fire, explosion or keep the building insured against fire and other casualty is caused directly perils normally covered by the negligence of Tenant, its subtenants, permitted concessionaires, or their agents, servants or employees, fire and provided further that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event of any such damage and (a) Landlord is not required to repair as hereinabove provided, or (b) the Premises shall be damaged to the extent of Fifty Percent (50%) or more of the cost of replacement, or (c) the Building of which the Premises are a part is damaged to the extent of Twenty-Five Percent (25%) or more of the cost of replacement, or (d) all buildings (taken in the aggregate) in the Building shall be damaged to the extent of more than Twenty-Five Percent (25%) of the aggregate cost of replacement, Landlord may elect either to repair or rebuild the Premises or the Building or buildings, or to terminate this Lease upon giving notice of such election to Tenant within Ninety (90) days after the occurrence of the event causing the damageextended coverage.