Common use of Damage to Demised Premises Clause in Contracts

Damage to Demised Premises. If, at any time during the term of this Lease, the Demised Premises is destroyed or damaged in whole or in part by fire or other cause within the extended coverage of the casualty insurance policies required to be carried by Tenant in accordance with this Lease, Tenant shall cause the same to be repaired, replaced or rebuilt within twelve (12) months after receipt by Tenant of insurance proceeds payable under such casualty insurance policies. Tenant’s rebuilding obligations shall not be reduced by any shortfall in receipt of insurance proceeds or any failure to receive insurance proceeds as a result of said casualty. Tenant shall bear the risk of uninsured casualties and of under-insurance. Tenant shall not be entitled to any reduction or abatement of rent as a result of any casualty. Notwithstanding the foregoing, if the Demised Premises are destroyed or damaged at any time during the last three (3) years of the term of this Lease (including the last three [3] years of any exercised Option Period) to the extent that, in Tenant’s reasonable discretion, the Demised Premises are not usable in their damaged condition for the normal conduct of Tenant’s business, then Tenant may, upon written notice to Landlord, elect to terminate this Lease. In such event, Tenant shall bear the risk of uninsured casualties and of under-insurance, and shall place the Demised Premises in a safe condition and pay to Landlord all insurance proceeds received by Tenant plus the amount of any deductible carried by Tenant and any other amount necessary to equal the entire sum necessary to rebuild the Demised Premises (but excluding any ancillary insurance proceeds unrelated to the costs of rebuilding the Demised Premises). Such termination shall be effective on the date stated in Tenant's notice to Landlord and neither Landlord nor Tenant shall have any further obligations hereunder after such date, and Tenant’s obligation to pay rent shall likewise cease.

Damage to Demised Premises. If, at any time during In the term of this Lease, event the Demised Premises is partially or totally destroyed or damaged in whole or in part by fire or other cause within casualty, then, subject to the extended coverage following terms of the casualty insurance policies required to be carried by Tenant in accordance with this LeaseArticle, Tenant Landlord shall cause repair or restore the same to be repaired, replaced substantially the same condition as existed prior to such fire or rebuilt within twelve (12) months after receipt by Tenant of insurance proceeds payable under such casualty insurance policies. Tenant’s rebuilding obligations shall not be reduced by any shortfall in receipt of insurance proceeds or any failure to receive insurance proceeds as a result of said casualty. Tenant shall bear the risk of uninsured casualties and of under-insurance. Tenant shall not be entitled to any reduction or abatement of rent as a result of any other casualty. Notwithstanding the foregoingforegoing 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 unless Tenant elects to make the needed repairs at its expense. 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 and, if reasonably possible, located within a radius of 5 miles of the Demised Premises, for Tenant following a casualty loss unless Xxxxxxxx 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 destroyed unavailable for Tenant's use is ten (10) days or damaged at any time during the last three (3) years of the term of this Lease (including the last three [3] years of any exercised Option Period) to the extent that, in Tenant’s reasonable discretion, less. If the Demised Premises are is rendered partially or wholly untenable from fire or other casualty, and if Landlord does not usable in their damaged condition for provide temporary premises as required above, or if the normal conduct temporary premises offered to Tenant is outside of Tenant’s businessthe 5 mile radius of the Demised Premises, then Tenant mayshall have the option to terminate the Lease, upon so long as Tenant provides written notice to Landlord of Tenant's exercise of the option to terminate within thirty (30) days of receipt of Landlord, elect 's Casualty Election. In the event Landlord elects to rebuild and repair and Tenant does not exercise its option to terminate this Lease, Landlord shall proceed with the same as soon as practical and in all events shall use commercially reasonable efforts to cause such rebuilding and repair to be completed to substantially the same condition as existed prior to such destruction as soon as is reasonably possible. In such event, Tenant shall bear the risk of uninsured casualties and of under-insurance, and shall place If the Demised Premises in a safe condition and pay to Landlord all insurance proceeds received by Tenant plus is rendered partially or wholly untenable from fire or other casualty, then the amount of any deductible carried by Tenant Base Rent and any other amount necessary additional rent shall be abated proportionately as to equal the entire sum necessary to rebuild portion of the Demised Premises (but excluding any ancillary insurance proceeds unrelated to the costs of rebuilding rendered untenable until the Demised Premises). Such termination shall be effective on the date stated Premises is repaired or this Lease is terminated as set forth in Tenant's notice to Landlord and neither Landlord nor Tenant shall have any further obligations hereunder after such date, and Tenant’s obligation to pay rent shall likewise ceasethis Article IX.

Damage to Demised Premises. If, at any time during If the term of this Lease, Building or the Demised ------------- -------------------------- Premises is destroyed are rendered partially or damaged in whole or in part wholly untenantable by fire or other cause within casualty, Landlord shall promptly, using the extended coverage of the casualty insurance policies required to be carried by Tenant in accordance with this Lease, Tenant shall cause the same to be repaired, replaced or rebuilt within twelve (12) months after receipt by Tenant of insurance proceeds payable under such casualty insurance policies. Tenant’s rebuilding obligations shall not be reduced by any shortfall in receipt of insurance proceeds or any failure to receive insurance proceeds as a result provided below, cause such damage to be repaired and all Minimum Base Rent payable hereunder shall xxxxx proportionately as to the portion of said casualtythe Demised Premises rendered untenantable until the completion of such repairs. Tenant shall bear If the risk of uninsured casualties and of under-insurance. Tenant shall not be entitled to any reduction Building or abatement of rent as a result of any casualty. Notwithstanding the foregoing, if the Demised Premises are destroyed damaged such that they cannot be repaired or damaged at any time during rebuilt within one hundred eighty (180) days from the last three (3) years date of the term of this Lease (including the last three [3] years of any exercised Option Period) to the extent that, in Tenant’s reasonable discretion, the Demised Premises are not usable in their damaged condition for the normal conduct of Tenant’s businesssuch damage, then either Landlord or Tenant may, upon written notice to Landlord, elect to may terminate this Lease. In the event either Landlord or Tenant exercised this election to terminate, they must do so within thirty (30) days of the date of such eventdamage. In the event this Lease is not terminated, then Landlord shall commence such repairs within thirty (30 days of the expiration of the above thirty (30) days and complete the same as soon as possible, considering extent of repairs and weather. In the event any such repairs have not been completed within one hundred eighty (180) days of such damage, Tenant shall bear may terminate this Lease. Any insurance which may be carried by Landlord or Tenant against loss or damage to the risk of uninsured casualties and of under-insurance, and shall place Building or the Demised Premises in a safe condition and pay to Landlord all insurance proceeds received by Tenant plus shall be pro-rated based upon the amount respective values of any deductible carried by Tenant (i) the Building and any other amount necessary to equal the entire sum necessary to rebuild improvements, alterations or additions paid for by Landlord, and (ii) any improvements, alterations or additions paid for by Tenant; provided, however, if Landlord rebuilds or repairs the Demised Premises (but excluding any ancillary Premises, Landlord shall be entitled to use all, or the amounts needed, of the insurance proceeds unrelated to for the costs of such rebuilding or repairing. If the Demised Premises). Such termination insurance proceeds are not sufficient, any additional amounts required shall be effective on paid by Landlord. If the date stated in Tenant's notice Lease is terminated, all casualty insurance proceeds pertaining to Landlord and neither Landlord nor Tenant the Building shall have any further obligations hereunder after such date, and Tenant’s obligation be payable to pay rent shall likewise ceaseLandlord.

Damage to Demised Premises. If, at any time during If the term of this Lease, Building or the Demised ------------- -------------------------- Premises is destroyed are rendered partially or damaged in whole or in part wholly untenantable by fire or other cause within casualty, Landlord shall promptly, using the extended coverage of the casualty insurance policies required to be carried by Tenant in accordance with this Lease, Tenant shall cause the same to be repaired, replaced or rebuilt within twelve (12) months after receipt by Tenant of insurance proceeds payable under such casualty insurance policies. Tenant’s rebuilding obligations shall not be reduced by any shortfall in receipt of insurance proceeds or any failure to receive insurance proceeds as a result provided below, cause such damage to be repaired and all Minimum Base Rent payable hereunder shall abate proportionately as to the portion of said casualtythe Demised Premises renderxx xxtenantable until the completion of such repairs. Tenant shall bear If the risk of uninsured casualties and of under-insurance. Tenant shall not be entitled to any reduction Building or abatement of rent as a result of any casualty. Notwithstanding the foregoing, if the Demised Premises are destroyed damaged such that they cannot be repaired or damaged at any time during rebuilt within one hundred eighty (180) days from the last three (3) years date of the term of this Lease (including the last three [3] years of any exercised Option Period) to the extent that, in Tenant’s reasonable discretion, the Demised Premises are not usable in their damaged condition for the normal conduct of Tenant’s businesssuch damage, then either Landlord or Tenant may, upon written notice to Landlord, elect to may terminate this Lease. In the event either Landlord or Tenant exercises this election to terminate, they must do so within thirty (30) days of the date of such eventdamage. In the event this Lease is not terminated, then Landlord shall commence such repairs within thirty (30) days of the expiration of the above thirty (30) days and complete the same as soon as possible, considering extent of repairs and weather. In the event any such repairs have not been completed within one hundred eighty (180) days of such damage, Tenant shall bear may terminate this Lease. Any insurance which may be carried by Landlord or Tenant against loss or damage to the risk of uninsured casualties and of under-insurance, and shall place Building or the Demised Premises in a safe condition and pay to Landlord all insurance proceeds received by Tenant plus shall be pro-rated based upon the amount respective values of any deductible carried by Tenant (i) the Building and any other amount necessary to equal the entire sum necessary to rebuild improvements, alterations or additions paid for by Landlord, and (ii) any improvements, alterations or additions paid for by Tenant; provided, however, if Landlord rebuilds or repairs the Demised Premises (but excluding any ancillary Premises, Landlord shall be entitled to use all, or the amounts needed, of the insurance proceeds unrelated to for the costs of such rebuilding or repairing. If the Demised Premises). Such termination insurance proceeds are not sufficient, any additional amounts required shall be effective on paid by Landlord. If the date stated in Tenant's notice Lease is terminated, all casualty insurance proceeds pertaining to Landlord and neither Landlord nor Tenant the Building shall have any further obligations hereunder after such date, and Tenant’s obligation be payable to pay rent shall likewise ceaseLandlord.

Damage to Demised Premises. IfIn the event a fire, explosion or other casualty (collectively, "Casualty") destroys the demised premises or the building in which the demised premises (collectively "Premises") are located or in the event of a Casualty which partially destroys the Premises so as to render the demised premises wholly untenantable or unfit for occupancy, or should the demised premises be so damaged by a Casualty so that the demised premises cannot be repaired within thirty days from the occurrence of such Casualty, then, at any time during the term of this Lease, the Demised Premises is destroyed or damaged in whole or in part by fire or other cause within the extended coverage option of the casualty insurance policies required to be carried by Tenant in accordance with this LeaseLandlord or Tenant, Tenant shall cause the same to be repaired, replaced or rebuilt within twelve (12) months after receipt by Tenant of insurance proceeds payable under such casualty insurance policies. Tenant’s rebuilding obligations shall not be reduced by any shortfall in receipt of insurance proceeds or any failure to receive insurance proceeds as a result of said casualty. Tenant shall bear the risk of uninsured casualties and of under-insurance. Tenant shall not be entitled to any reduction or abatement of rent as a result of any casualty. Notwithstanding the foregoing, if the Demised Premises are destroyed or damaged at any time during the last three (3) years of the term of this Lease (including shall cease and become null and void from the last three [3] years date of any exercised Option Period) to the extent that, in Tenant’s reasonable discretion, Casualty. If the Demised Premises are not usable in their damaged condition for the normal conduct of Tenant’s business, then Tenant may, upon written notice to Landlord, elect Landlord so exercises said option to terminate this Lease, then the Tenant shall immediately surrender the demised premises and all the Tenant's interest therein to the Landlord. The Tenant shall only be obligated to pay any rent due hereunder up to and including the date the Tenant so surrenders the demised premises. In the event the demised premises are damaged by a Casualty so that said demised premises can be repaired and made fit for occupancy within thirty days from the occurrence of such eventCasualty, the Landlord may enter and repair the demised premises, and any rent hereunder shall be abated only while the Landlord is making said repairs and the demised premises are wholly untenantable. In the event the demised premises are damaged by a Casualty but not so at to render the demised premises wholly untenantable and unfit for occupancy, then the Landlord agrees to repair the same within a reasonable period of time and the rent accrued and accruing shall not cease or terminate and shall be abated with respect to the purchase of the premises which are untenable. The Tenant shall bear immediately notify the risk Landlord in the event of uninsured casualties and the occurrence of under-insurance, and shall place the Demised Premises in a safe condition and pay to Landlord all insurance proceeds received by Tenant plus the amount of any deductible carried by Tenant and Casualty or any other amount necessary to equal the entire sum necessary to rebuild the Demised Premises (but excluding any ancillary insurance proceeds unrelated damage to the costs of rebuilding the Demised Premises). Such termination shall be effective on the date stated in Tenant's notice to Landlord and neither Landlord nor Tenant shall have any further obligations hereunder after such date, and Tenant’s obligation to pay rent shall likewise cease.