Common use of Damage to Building Clause in Contracts

Damage to Building. If the building is damaged by fire or any other cause, so that the cost of restoration, as reasonably estimated by Xxxxxxxx, equals or exceeds seventy-five (75%) percent of the buildings replacement value (exclusive of foundations) just prior to the damage, then Landlord may, no later than seven (7) days following the damage, give Tenant notice of election to terminate this Lease. If the cost of restoration equals or exceeds fifty (50%) percent of the replacement value and if the premises are not reasonably usable for the purposes for which they are leased, Tenant may, no later than seven (7) days following the damage, give Landlord notice of election to terminate this lease. In the event of either of these elections, this Lease shall terminate at the end of month next following the notice, and Xxxxxx shall surrender possession of the premises at that time. The rent shall be apportioned as of the date of surrender and any rent paid for any period beyond that date shall be repaid to Tenant. If the cost of restoration as estimated by Landlord amounts to less than fifty (50%) percent of the replacement value of the building, or if despite the cost Landlord does not elect to terminate this lease, Landlord shall restore the building and the premises with reasonable promptness, subject to delays in the making of insurance adjustments by Landlord, and Tenant shall have no right to terminate this lease except as provided in this paragraph. Landlord need not restore fixtures and improvements owned by Tenant. In any case in which use of the premises is affected by any damage to the building, there shall be either an abatement or an equitable reduction in rent depending on the period for which and the extent to which the premises are not reasonable usable for the purposes for which they are leased. If the damage results form Xxxxxx's fault or by persons under Xxxxxx's control or on the premises at Tenant's invitation, Tenant shall not be entitled to any abatement or reduction of rent, except to the extent that Landlord received the proceeds of rent insurance in lieu of rent.

Damage to Building. If the building is damaged by fire or any other cause, so that the cost of restoration, as reasonably estimated by XxxxxxxxLandlord, equals or exceeds seventy-five (75%) percent of the buildings replacement value (exclusive of foundations) just prior to the damage, then Landlord may, no later than seven (7) days following the damage, give Tenant notice of election to terminate this Lease. If the cost of restoration equals or exceeds fifty (50%) percent of the replacement value and if the premises are not reasonably usable for the purposes for which they are leased, Tenant may, no later than seven (7) days following the damage, give Landlord notice of election to terminate this lease. In the event of either of these elections, this Lease shall terminate at the end of month next following the notice, and Xxxxxx Tenant shall surrender possession of the premises at that time. The rent shall be apportioned as of the date of surrender and any rent paid for any period beyond that date shall be repaid to Tenant. If the cost of restoration as estimated by Landlord amounts to less than fifty (50%) percent of the replacement value of the building, or if despite the cost Landlord does not elect to terminate this lease, Landlord shall restore the building and the premises with reasonable promptness, subject to delays in the making of insurance adjustments by Landlord, and Tenant shall have no right to terminate this lease except as provided in this paragraph. Landlord need not restore fixtures and improvements owned by Tenant. In any case in which use of the premises is affected by any damage to the building, there shall be either an abatement or an equitable reduction in rent depending on the period for which and the extent to which the premises are not reasonable usable for the purposes for which they are leased. If the damage results form XxxxxxTenant's fault or by persons under XxxxxxTenant's control or on the premises at Tenant's invitation, Tenant shall not be entitled to any abatement or reduction of rent, except to the extent that Landlord received the proceeds of rent insurance in lieu of rent.

Damage to Building. If the building is Premises and/or other portion of the Building are damaged by fire fire, earthquake, act of God, the elements or other casualty, Landlord shall forthwith repair the same, excluding any other causetenant improvements contained therein, so subject to the provisions of this Section hereinafter set forth, provided that Landlord actually receives sufficient insurance proceeds to cover the cost thereof, unless the reason Landlord did not receive sufficient proceeds is due to Landlord's failure to carry insurance required under this Lease, and, provided further, that in the written opinion of restorationa reputable independent contractor retained by Landlord (the "Contractor's Opinion"), as reasonably estimated by Xxxxxxxx, equals or exceeds seventy-five such repairs can be completed within eighteen (75%18) percent months after the date of such damage (the "Rebuilding Period") under the laws and regulations of the buildings replacement value federal, state and local governmental authorities having jurisdiction thereof. Landlord shall use commercially reasonable efforts to apply for and obtain all insurance proceeds promptly after the occurrence of any casualty. Within sixty (exclusive 60) days after the date of foundations) just prior to the such damage, then Landlord mayshall deliver a copy of the Contractor's Opinion to Tenant which opinion shall state how long, no later than seven (7) days following in the opinion of such independent contractor, it will take to make such repairs after the date of such damage, give and such opinion shall be binding on Tenant notice of election to terminate this Leaseand Landlord. If the cost of restoration equals or exceeds fifty (50%) percent of repairs can be completed within the replacement value and if the premises are not reasonably usable for the purposes for which they are leased, Tenant may, no later than seven (7) days following the damage, give Landlord notice of election to terminate this lease. In the event of either of these electionsRebuilding Period, this Lease shall remain in full force and effect, except that if Tenant shall not have been able to occupy the Premises or any portion thereof for the conduct of its business, Tenant shall be entitled to a proportional abatement of Base Rent and Additional Charges for Operating Expenses and Real Estate Taxes (based upon rentable square footage) for such part of the Premises as shall be rendered unusable by Tenant in the conduct of its business as a result of (i) damage sustained to such part as a result of such casualty, (ii) lack of access to such part as a result of such casualty or (iii) failure by Landlord to supply services required to be supplied by Landlord pursuant to Section 5 to such part as a result of such casualty, which abatement shall commence upon the date of such damage and continue until the Rent Recommencement Date (as hereinafter defined). As used herein, the term "Rent Recommencement Date" shall mean the earliest to occur of (A) the date that is one hundred twenty (120) days after the date that Landlord has completed any and all repairs required under this Section 10 and redelivered to Tenant the portion of the Premises that was damaged in a condition such that Tenant is then able to commence restoration and repair of the Tenant's Initial Improvements and any other improvements in such portion of the Premises without interference of more than an insignificant amount, (B) the date on which Tenant first reoccupies such portion of the Premises for its business purposes, or (C) the date on which Tenant would have been able to reoccupy such portion of the Premises had Tenant used reasonably diligent efforts to restore and repair the Tenant's Initial Improvements and any other improvements in such portion of the Premises constructed by or on the behalf of Tenant following the redelivery of such portion of the Premises by Landlord to Tenant in the condition described in clause (A) above. For purposes of this Section 10, "repair" or "repairs" shall include all repair and restorative work Landlord in Landlord's good faith but nevertheless sole discretion deems advisable to restore the Building to the condition it was in on the Commencement Date, including without limitation, all work and improvements Landlord deems advisable to improve the condition and quality of the Building, whether in the form of government mandated building code upgrades or otherwise, but excluding any obligation of Landlord to demolish, repair or restore Tenant's Initial Improvements or Alterations. Notwithstanding anything to the contrary in this Section 10, in the event that a casualty shall occur at any time prior to April 1, 2013, this Lease shall continue in full force and effect (except that Base Rent and Additional Charges for Operating Expenses and Real Estate Taxes shall be abated as hereinabove provided) and Landlord shall repair and restore the casualty damage with reasonable diligence, provided that (I) Landlord actually receives sufficient insurance proceeds to cover the cost thereof, unless the reason Landlord did not receive sufficient proceeds is due to Landlord's failure to carry insurance required under this Lease, (II) the Contractor's Opinion indicates that repairs can be completed within twenty-four (24) months after the date of such damage and (III) Tenant shall deliver to Landlord written notice, given within thirty (30) days after Tenant's receipt of the Contractor's Opinion, that Tenant elects to require Landlord to repair or restore such damage pursuant to this Section 10(a), and such notice by Tenant shall be deemed to be Tenant's agreement that any abatement of Base Rent and Additional Charges for Operating Expenses and Real Estate Taxes will terminate at the end of the eighteenth (18th) month next following the notice, and Xxxxxx shall surrender possession of the premises at that time. The rent shall be apportioned as of the date of surrender and any rent paid for any period beyond that date shall be repaid to Tenant. If the cost of restoration as estimated by Landlord amounts to less than fifty (50%) percent of the replacement value of the building, or if despite the cost Landlord does not elect to terminate this lease, Landlord shall restore the building and the premises with reasonable promptness, subject to delays in the making of insurance adjustments by Landlordsuch damage, and Tenant shall have no right to terminate this lease except as provided in this paragraph. Landlord need not restore fixtures commencing upon the nineteenth (19th) month and improvements owned by Tenant. In any case in which use continuing through the twenty-fourth (24th) month following the date of the premises is affected by any damage to the building, there shall be either an abatement or an equitable reduction in rent depending on the period for which and the extent to which the premises are not reasonable usable for the purposes for which they are leased. If the damage results form Xxxxxx's fault or by persons under Xxxxxx's control or on the premises at Tenant's invitationsuch damage, Tenant shall not be entitled pay to any abatement or reduction of rent, except Landlord Base Rent and Additional Charges for Operating Expenses and Real Estate Taxes as such amounts become due pursuant to the extent that Landlord received the proceeds terms of rent insurance in lieu of rent.this Lease, as if such casualty had not occurred. (b)

Damage to Building. If the building Building is damaged by fire or any other causecasualty under circumstances where, pursuant to Landlord’s Repair Notice (defined below), the Premises can be made tenantable with all damage required to be repaired by Landlord hereunder so repaired on or before the date which is the earlier of (x) the date that is one hundred eighty (180) days after the cost commencement of restorationsuch repairs, as reasonably estimated by Xxxxxxxx, equals or exceeds seventy-five and (75%y) percent of the buildings replacement value date which is four (exclusive of foundations4) just months prior to the damageExpiration Date (including any then-exercised Extension Term), then Landlord mayshall diligently rebuild the same using materials and workmanship that is substantially equal to or better in quality than those originally incorporated into the Premises; provided, no later than seven (7) days following however, notwithstanding anything to the damage, give Tenant notice of election to terminate contrary contained in this Lease, in no event shall Landlord have any obligation to repair or restore (or any rights to proceeds from insurance carried by Tenant with respect to) the Leasehold Improvements or any Alterations constructed after the Commencement Date. If Landlord rebuilds the cost of restoration equals or exceeds fifty (50%) percent of the replacement value and if the premises are not reasonably usable for the purposes for which they are leasedPremises in accordance with this Section 19(a)(i), Tenant may, no later than seven (7) days following the damage, give Landlord notice of election to terminate this lease. In the event of either of these elections, then this Lease shall terminate at the end of month next following the notice, remain in full force and Xxxxxx shall surrender possession of the premises at effect except that time. The rent shall be apportioned as of the date of surrender and any rent paid for any period beyond that date shall be repaid to Tenant. If the cost of restoration as estimated by Landlord amounts to less than fifty (50%) percent of the replacement value of the building, or if despite the cost Landlord does not elect to terminate this lease, Landlord shall restore the building and the premises with reasonable promptness, subject to delays in the making of insurance adjustments by Landlord, and Tenant shall have no right to terminate this lease except as provided in this paragraph. Landlord need not restore fixtures and improvements owned by Tenant. In any case in which use of the premises is affected by any damage to the building, there shall be either an abatement or an equitable reduction in rent depending on the period for which and the extent to which the premises are not reasonable usable for the purposes for which they are leased. If the damage results form Xxxxxx's fault or by persons under Xxxxxx's control or on the premises at Tenant's invitation, Tenant shall not be entitled to any abatement or a proportionate reduction of rentMonthly Base Rent and Additional Charges for Expenses and Taxes for the period of time during which such repairs to be made hereunder by Landlord are being made and, except as a result of such repairs, Tenant’s Permitted Use or access to the extent Premises are adversely affected, which reduction in Rent shall be based upon the proportion that Landlord received the proceeds area of rent insurance the Premises rendered untenantable by such damage bears to the total area of the Building, and such reduction in lieu of rent.Rent shall continue until Tenant has been given

Damage to Building. 17.1 If the building is Premises or the Building are totally or partially damaged by fire or other casualty, and (a) Landlord's insurance is insufficient (through no fault of Landlord and provided that Landlord has maintained insurance on the Building in accordance with Article 13.3 hereof) to pay the full cost of the repair and restoration to be performed by Landlord, (b) any Mortgagee fails or refuses to make such insurance proceeds available for such repair and restoration, (c) zoning or other causeapplicable Laws do not permit such repair and restoration, so that (d) the cost of restoration, as reasonably estimated by Xxxxxxxx, equals or repair and restoration exceeds seventytwenty-five percent (7525%) percent of the buildings replacement value (exclusive of foundations) just prior to the damage, then Landlord may, no later than seven (7) days following the damage, give Tenant notice of election to terminate this Lease. If the cost of restoration equals or exceeds fifty (50%) percent of the replacement value and if the premises are not reasonably usable for the purposes for which they are leased, Tenant may, no later than seven (7) days following the damage, give Landlord notice of election to terminate this lease. In the event of either of these elections, this Lease shall terminate at the end of month next following the notice, and Xxxxxx shall surrender possession of the premises at that time. The rent shall be apportioned as of the date of surrender and any rent paid for any period beyond that date shall be repaid to Tenant. If the cost of restoration as estimated by Landlord amounts to less than fifty (50%) percent of the replacement value of the buildingBuilding, or if despite (e) in Landlord's judgment the cost period needed for effecting a satisfactory settlement with any insurance company involved, removing debris, preparing plans, obtaining all required governmental permits and other approvals and completing such repair and restoration will exceed two hundred seventy (270) days after the occurrence of such damage, then Landlord does not elect shall have the right, at its sole option, to terminate this leaseLease by giving written notice of termination within forty-five (45) days after the occurrence of such damage, or, if later, within ten (10) days after Landlord last receives notice of the existence of any of the circumstances in clauses (a) through (e) above. Landlord shall restore have no liability to Tenant in the building event Landlord's estimate of the time frame for the circumstances in clause (e) above proves inaccurate. If the Premises are totally or partially damaged by fire or other casualty that renders the Premises totally or partially inaccessible or unusable, and the premises conditions in clause (e) above exist with reasonable promptnessrespect to the Premises, subject to delays in the making of insurance adjustments by Landlord, and then Tenant shall have no right the right, at Tenant's option, to terminate this lease except Lease by giving written notice of termination within forty-five (45) days after the occurrence of such damage, or, if earlier, within ten (10) days after Landlord notifies Tenant that Landlord intends to proceed with repair and restoration as provided in required by this paragraphArticle. Landlord need not restore fixtures If this Lease is terminated pursuant to this Article, then rent shall be apportioned (and improvements owned by Tenant. In any case in which use rebated to Tenant if applicable) (based on the portion of the premises Premises which is affected by any damage usable after such damage) and paid to the building, there shall be either an abatement or an equitable reduction in rent depending on the period for which and the extent to which the premises are not reasonable usable for the purposes for which they are leased. If the damage results form Xxxxxx's fault or by persons under Xxxxxx's control or on the premises at Tenant's invitation, Tenant shall not be entitled to any abatement or reduction date of rent, except to the extent that Landlord received the proceeds of rent insurance in lieu of renttermination.

Damage to Building. If the building Building is at any time destroyed or damaged by as a result of fire or any other causecasualty required to be insured against by the Landlord under this lease or otherwise insured against by the Landlord and not caused or contributed to by the Tenant, so then the following provisions shall apply: (a) if the Building is rendered untenantable only in part, the Landlord shall diligently repair the Building and Net Rent shall xxxxx proportionately to the portion of the Building rendered untenantable from the date of destruction or damage until the Landlord’s repairs have been completed; (b) if the Building is rendered wholly untenantable, the Landlord shall diligently repair the Building and Net Rent shall xxxxx entirely from the date of destruction or damage until the Landlord’s repairs have been completed; (c) if the Building is not rendered untenantable in whole or in part, the Landlord shall diligently perform such repairs to the Building, but in such circumstances Net Rent shall not terminate or xxxxx; (d) upon being notified by the Landlord that the Landlord’s repairs have been substantially completed, the Tenant shall diligently perform all repairs to the Building which are the Tenant’s responsibility under Article IV, and all other work required to fully restore the Building for use in the Tenant’s business, in every case at the Tenant’s cost and without any contribution to such cost by the Landlord, whether or not the Landlord has at any time made any contribution to the cost of restorationsupply, installation or construction of Leasehold Improvements in the Building; and (e) nothing in this Section shall require the Landlord to rebuild the Building in the condition which existed before any such damage or destruction so long as the Building as rebuilt will have reasonably estimated by Xxxxxxxxsimilar facilities (including, equals or exceeds seventy-five (75%) percent without limitation, the size and utility of the buildings replacement value (exclusive of foundations) just prior to the damage, then Landlord may, no later than seven (7) days following the damage, give Tenant notice of election to terminate this Lease. If the cost of restoration equals or exceeds fifty (50%) percent of the replacement value Building and if the premises are not reasonably usable for the purposes for which they are leased, Tenant may, no later than seven (7) days following the damage, give Landlord notice of election to terminate this lease. In the event of either of these elections, this Lease shall terminate at the end of month next following the notice, all finishes and Xxxxxx shall surrender possession of the premises at that time. The rent shall be apportioned services existing as of the date of surrender and any rent paid for any period beyond that date shall be repaid Commencement Date) to Tenant. If those in the cost of restoration as estimated by Landlord amounts Building prior to less than fifty (50%) percent such damage or destruction, having regard, however, to the age of the replacement value of the building, or if despite the cost Landlord does not elect to terminate this lease, Landlord shall restore the building and the premises with reasonable promptness, subject to delays in the making of insurance adjustments by Landlord, and Tenant shall have no right to terminate this lease except as provided in this paragraph. Landlord need not restore fixtures and improvements owned by Tenant. In any case in which use of the premises is affected by any damage to the building, there shall be either an abatement or an equitable reduction in rent depending on the period for which and the extent to which the premises are not reasonable usable for the purposes for which they are leased. If the damage results form Xxxxxx's fault or by persons under Xxxxxx's control or on the premises Building at Tenant's invitation, Tenant shall not be entitled to any abatement or reduction of rent, except to the extent that Landlord received the proceeds of rent insurance in lieu of rentsuch time.

Damage to Building. 17.1 If the building is Premises or the Building are totally or partially damaged by fire or other casualty, and (a) Landlord’s insurance is insufficient to pay the full cost of the repair and restoration to be performed by Landlord, (b) any Mortgagee fails or refuses to make such insurance proceeds available for such repair and restoration, (c) zoning or other causeapplicable Laws do not permit such repair and restoration, so that (dl the cost of restoration, as reasonably estimated by Xxxxxxxx, equals or repair and restoration exceeds seventytwenty-five percent (7525%) percent of the buildings replacement value (exclusive of foundations) just prior to the damage, then Landlord may, no later than seven (7) days following the damage, give Tenant notice of election to terminate this Lease. If the cost of restoration equals or exceeds fifty (50%) percent of the replacement value and if the premises are not reasonably usable for the purposes for which they are leased, Tenant may, no later than seven (7) days following the damage, give Landlord notice of election to terminate this lease. In the event of either of these elections, this Lease shall terminate at the end of month next following the notice, and Xxxxxx shall surrender possession of the premises at that time. The rent shall be apportioned as of the date of surrender and any rent paid for any period beyond that date shall be repaid to Tenant. If the cost of restoration as estimated by Landlord amounts to less than fifty (50%) percent of the replacement value of the buildingBuilding, or if despite (e) in Landlord’s reasonable judgment (based on consultation with design and construction professionals) the cost period needed for effecting a satisfactory settlement with any insurance company involved, removing debris, preparing plans, obtaining all required governmental permits and other approvals and completing such repair and restoration will exceed two hundred seventy (270) days after the occurrence of such damage, then Landlord does not elect shall have the right, at its sole option, to terminate this leaseLease by giving written notice of termination within forty-five (45) days after the occurrence of such damage, or, if later, within ten (10) days after Landlord last receives notice of the existence of any of the circumstances in clauses (a) through (e) above. Landlord shall restore have no liability to Tenant in the building event Landlord’s estimate of the time frame for the circumstances in clause (e) above proves inaccurate. If the Premises are totally or partially damaged by fire or other casualty that renders the Premises totally or partially inaccessible or unusable, and the premises conditions in clause (e) above exist with reasonable promptnessrespect to the Premises, subject to delays in the making of insurance adjustments by Landlord, then Landlord shall so notify Tenant and Tenant shall have no the right, at Tenant’s option, to terminate this Lease by giving written notice of termination within forty-five (45) days after the occurrence of such damage, or, if earlier, within ten (10) days after Landlord notifies Tenant that Landlord intends to proceed with repair and restoration as required by this Article. In the event a fire or casualty occurs during the last twelve (12) months within the Lease Term, and Landlord determines that the damage will take more than thirty (30) days to repair or restore, either party shall have the right to terminate this lease except as provided in Lease by written notice delivered to the other party within ten (10) days after Landlord notifies Tenant of such determination. If this paragraph. Landlord need not restore fixtures and improvements owned by Tenant. In any case in which use Lease is terminated pursuant to this Article, then rent shall be apportioned (based on the portion of the premises Premises which is affected by any damage usable after such damage) and paid to the building, there shall be either an abatement or an equitable reduction in rent depending on the period for which and the extent to which the premises are not reasonable usable for the purposes for which they are leased. If the damage results form Xxxxxx's fault or by persons under Xxxxxx's control or on the premises at Tenant's invitation, Tenant shall not be entitled to any abatement or reduction date of rent, except to the extent that Landlord received the proceeds of rent insurance in lieu of renttermination.

Damage to Building. If the building Building is damaged or destroyed by fire or any other causecasualty, so that the cost of restoration, as reasonably estimated by Xxxxxxxx, equals or exceeds seventy-five (75%) percent of the buildings replacement value (exclusive of foundations) just prior to the damage, then Landlord may, no later than seven (7) days following the damage, give Tenant notice of election to terminate this Lease. If the cost of restoration equals or exceeds fifty (50%) percent of the replacement value and if the premises are not reasonably usable for the purposes for which they are leased, Tenant may, no later than seven (7) days following the damage, give Landlord notice of election to terminate this lease. In the event of either of these elections, this Lease shall terminate at the end of month next following the notice, and Xxxxxx shall surrender possession of the premises at that time. The rent shall be apportioned as of the date of surrender and any rent paid for any period beyond that date shall be repaid to Tenant. If the cost of restoration as estimated by Landlord amounts to less than fifty (50%) percent of the replacement value of the building, or if despite the cost Landlord does not elect to terminate this lease, Landlord shall restore have the building and the premises with reasonable promptness, subject to delays in the making of insurance adjustments by Landlord, and Tenant shall have no right to terminate this lease except as Lease provided in this paragraph. Landlord need not restore fixtures and improvements owned by Tenant. In any case in which use of the premises is affected by any it gives written notice thereof to Tenant within sixty (60) days after such damage to the building, there shall be either an abatement or an equitable reduction in rent depending on the period for which and the extent to which the premises are not reasonable usable for the purposes for which they are leaseddestruction. If the Leased Premises shall become untenantable or unfit for occupancy by the total or partial destruction of the Building by fire or other casualty, and the Landlord shall fail or refuse within ninety (90) days thereafter to agree in writing to restore the same within one hundred eighty (180) days, this Lease may be terminated by Tenant by notice in writing. If this Lease is not thereby terminated, the Landlord shall, at its expense, restore the Leased Premises to as near the condition which existed prior to such damage results form Xxxxxx's fault or by persons under Xxxxxx's control or on destruction as reasonably possible, and rent shall xxxxx during such time as the premises at Tenant's invitationLeased Premises are untenantable, Tenant in the proportion that the untenantable portion of the Leased Premises bears to the entire Leased Premises. Landlord shall not be entitled responsible to any abatement the Tenant for damage to, or reduction destruction of, Tenant's fixtures, furniture, furnishings, floor coverings, equipment, inventory, improvements or other changes made by Tenant in, on or about the Leased Premises regardless of rentthe cause of damage or destruction except that Landlord on behalf of Tenant, and at Landlord's expense, shall promptly restore the Leased Premises to as near the condition which existed on the commencement of the Term of this Lease as reasonably possible. Landlord shall have the exclusive right to all insurance proceeds relating to said Leased Premises, except Tenant’s own insurance proceeds for its personal property and other costs related to the extent that Landlord received the proceeds of rent insurance in lieu of rentcasualty loss.