Damage to Demised Premises. In the event the Demised Premises are partially or totally destroyed by fire or other casualty, which is not caused by the negligent or willful actions of Tenant or Tenant's employees, Landlord and Tenant shall have the option either to rebuild and repair the Demised Premises or to terminate this Lease as hereinafter provided. (Partial destruction for these purposes shall mean that Tenant is unable to reasonably carry on its operations from the Demised Premises.) Either party shall give notice in writing to the other of the election to rebuild and repair or to terminate this Lease, as the case may be, within forty-five (45) days of the happening of the event of destruction or damage. In the event Landlord elects to rebuild and restore the Demised Premises, and Tenant does not remain in possession and operate Tenant's business during the period of rebuilding and repair, the Minimum Annual Rental shall abatx (xxless the casualty is a result of vandalism or burglary) based upon the portion of the Demised Premises until the Demised Premises have been rebuilt and repaired. If Tenant remains in possession and operated Tenant's business during the period of rebuilding and repair, the Minimum Annual Rental shall ablate (unless the casualty is a result of vandalism or burglary) based upon the loss of business, if any, resulting from such destruction during the period of building and repair, using a base figure, the gross sales of Tenant and of all licensees, concessionaires and tenants of Tenant, from all business conducted upon or from the Demised Premises, for the same period for the year immediately prior to the year, in which the casualty occurs, provided, however, (a) if the casualty shall occur during the first six (6) months of the Demised Term, the Minimum Annual Rental shall abatx xxxpletely (unless the casualty is a result of vandalism or burglary) until Landlord rebuilds and repairs the Demised Premises, and (b) if the casualty shall occur during the period beginning on the first day of the seventh month and ending the last day of the twelth month of the first year of the Demised Term, the Minimum Annual Rental shall abatx (xxless the casualty is a result of vandalism or burglary) based upon the loss of business, if any, resulting from such destruction during the period of rebuilding and repair using as a base figure, the average of the monthly gross sales of Tenant and of all licensees, concessionaires and tenants or Tenant, from all business conducted ...
Damage to Demised Premises. Section 1. Abatement or Adjustment of Rent. If the whole or any part of the Leased Premises shall be damaged or destroyed by fire or other casualty after the execution of this Lease and before the termination hereof, then in every case the rent reserved in Article IV herein and other charges, if any, shall be abated or adjusted, as the case may be, in proportion to that portion of the Leased Premises of which Tenant shall be deprived on account of such damage or destruction and the work of repair, restoration, rebuilding, or replacement or any combination thereof, of the improvements so damaged or destroyed, shall in no way be construed by any person to effect any reduction of sums or proceeds payable under any rent insurance policy.
Damage to Demised Premises. If any portion of the Demised Premises shall be damaged or destroyed by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord ("Tenant's Notice of Damage").
Damage to Demised Premises. If the Demised Premises shall be damaged by fire or other casualty, then, except as otherwise provided in subparagraphs (b) and (c) hereof, Landlord, at Landlord’s expense, shall promptly restore the Demised Premises, and Tenant, at Tenant’s sole expense, shall promptly restore all leasehold improvements installed in the Demised Premises by Tenant or at Tenant’s request and its own furniture, furnishings, trade fixtures and equipment. No penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord, or on account of labor problems, or any other cause beyond Landlord’s reasonable control. If the damage or destruction is such as to make the Demised Premises or any substantial part thereof untenantable (in Landlord’s judgment), and provided that such damage or destruction is not due in whole or part to the act or omission of Tenant or Tenant’s agents, employees or invitees, the Base Annual Rent shall xxxxx proportionately (based on proportion of the number of square feet rendered untenantable to the total number of square feet of the Demised Premises), from the date of the damage or destruction until the date the Demised Premises has been restored by Landlord.
Damage to Demised Premises. In the event the Demised Premises is partially or totally destroyed by fire or other casualty, then, subject to the following terms of this Article, Landlord shall repair or restore the same to substantially the same condition as existed prior to such fire or other casualty. Notwithstanding the foregoing provision, in the event the Demised Premises or any portion of the Building is partially or totally destroyed by fire or other casualty and such damage will cost in excess of Two Hundred Thousand Dollars ($200,000.00) to repair or restore, Landlord in its sole discretion shall have the option to either rebuild and repair the Demised Premises or damaged portion of the Building or to terminate this Lease. Landlord shall give notice in writing to Tenant of Landlord’s election to rebuild and repair or to terminate this Lease, as the case may be, within thirty (30) days of the happening of the event of destruction or damage (“Landlord’s Casualty Election”). Landlord shall use all commercially reasonable efforts to provide temporary premises, in another building owned or run by Landlord for Tenant following a casualty loss unless Landlord has elected to terminate the Lease as permitted above; provided, however, that Landlord shall have no obligation to provide temporary premises for Tenant if the period in which the Demised Premises are unavailable for Tenant’s use is twenty
Damage to Demised Premises. 9.1 Abatement or Adjustment of Rent. If the whole or any part of the Leased Premises shall be damaged or destroyed by fire or other casualty after the execution of this Lease and before the termination hereof, then in every case the rent reserved in Article III herein and other charges, if any, shall be abated or adjusted, as the case may be, in proportion to that portion of the Leased Premises of which Party B shall be deprived on account of such damage or destruction and the work of repair, restoration, rebuilding, or replacement or any combination thereof. .
Damage to Demised Premises. If the Building or any other portion of the Demised Premises is damaged or destroyed, in whole or in part, by fire or any other occurrence, this Lease shall not be terminated and this Lease shall nonetheless continue in full force and effect and there shall be no abatement of any item included in Rent or Additional Rent except to the extent that the Landlord receives insurance proceeds in respect thereof from an insurance policy or policies for which the premiums had been paid by the Tenant, and the following provisions of this Article 10 shall apply.
Damage to Demised Premises. (a) In the event that the Demised Premises is totally destroyed or so damaged by fire or other casualty not occurring through fault or negligence of the Tenant or those employed by or acting for him, that, in Landlord's judgment, the same cannot be repaired or restored within one hundred eighty (180) days, this Lease shall absolutely cease and determine, and the rent shall abate as of the date of casualty for the balance of the term. If Xxxdlord cannot locate alternate space for Tenant to continue operation during the course of the repairs, then Tenant shall have the right to terminate this Lease within thirty (30) days.
Damage to Demised Premises. The Tenant will not xxxx paint drill or in any way deface any wall ceiling partition floor wood or other parts of the Demised Premises except where such action is required or necessary for renovation in accordance with such plans which have been approved by the Landlord.
Damage to Demised Premises. 11.1 In the event that the Demised Premises are totally destroyed, or so damaged by fire or other casualty not occurring through the fault or negligence of Tenant, its employees, agents or business invitees, that the same, in the opinion of Landlord, cannot be repaired and restored within a period of six (6) months, this Lease shall absolutely cease and terminate and the Rent shall be apportioned as of the date of the casualty and xxxxx for the balance of the term. Landlord shall serve notice upon Tenant within thirty (30) days after the casualty as to whether the Demised Premises can and will in fact be repaired and restored within the six (6) month period.
