Common use of DAMAGE TO PREMISES Clause in Contracts

DAMAGE TO PREMISES. Tenant shall immediately notify Landlord of any damage to the Building which affects the Premises. If all or any portion of the Premises are damaged or destroyed by any casualty against which Tenant is required to be insured under Section 12.01 of the General Lease Provisions, and if, in Landlord's reasonable opinion, (i) the Premises cannot be rebuilt or made fit for Tenant's purposes within two hundred seventy (270) days of the damage or destruction, or (ii) the proceeds from Tenant's insurance required to be maintained by Tenant pursuant to PART 12 are insufficient to repair or restore the damage or destruction, then Landlord (with respect to the events in (i) or (ii) above) or Tenant (with respect to (i) above only) shall have the right to terminate this Lease by giving the other, within sixty (60) days after such damage or destruction, written notice of termination, and thereupon Rent and any other payments for which Tenant is liable under this Lease shall be apportioned and paid to the date of such damage, and Tenant shall immediately vacate the Premises; provided, however, that those provisions of this Lease which are designated to cover matters of termination and the period thereafter shall survive the termination hereof. Notwithstanding the foregoing, in no event shall Tenant have the right to terminate this Lease if the damage or destruction of the Premises is a result of (i) a default by Tenant or (ii) the negligence or willful act of Tenant, or Tenant's agents, employees, representatives, contractors, successors or assigns, licensees or invitees.

DAMAGE TO PREMISES. (a) If the Premises shall be destroyed or rendered untenantable, either wholly or in part, by fire or other casualty (“Casualty”), Tenant shall immediately notify Landlord in writing upon the occurrence of such Casualty. In the event of any damage Casualty, Landlord may elect either to the Building which affects the Premises. If all or any portion of the Premises are damaged or destroyed by any casualty against which Tenant is required to be insured under Section 12.01 of the General Lease Provisions, and if, in Landlord's reasonable opinion, (i) the Premises cannot be rebuilt or made fit for Tenant's purposes within two hundred seventy (270) days of repair the damage or destructioncaused by such casualty as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (ii) terminate this Lease as of the proceeds from Tenant's insurance required to be maintained by date the casualty occurred. Landlord shall notify Tenant pursuant to PART 12 are insufficient within thirty (30) days after receipt of notice of the occurrence of the casualty whether Landlord elects to repair or restore the damage or destructionterminate this Lease. If Landlord shall elect to repair the damage, then Tenant shall pay Landlord the portion of the “deductible amount” (with respect if any) under Landlord’s insurance allocable to the events in (i) or (ii) above) or Tenant (with respect to (i) above only) shall have the right to terminate this Lease by giving the other, within sixty (60) days after such damage or destruction, written notice of termination, and thereupon Rent and any other payments for which Tenant is liable under this Lease shall be apportioned and paid to the date of such damagePremises and, and Tenant shall immediately vacate the Premises; provided, however, that those provisions of this Lease which are designated to cover matters of termination and the period thereafter shall survive the termination hereof. Notwithstanding the foregoing, in no event shall Tenant have the right to terminate this Lease if the damage shall have been due to an act or destruction of the Premises is a result of (i) a default by Tenant or (ii) the negligence or willful act omission of Tenant, or Tenant's ’s employees, agents, employees, representatives, contractors, successors or assigns, licensees contractors or invitees, the difference between the actual cost of repair and any insurance proceeds received by Landlord. (b) If the casualty to the Premises shall occur during the last six (6) months of the Lease Term and the damage shall be estimated by Landlord to require more than thirty (30) days to repair, either Landlord or Tenant may elect to terminate this Lease as of the date the casualty shall have occurred, regardless of the sufficiency of any insurance proceeds. The party electing to terminate this Lease shall give written notification to the other party of such election within ten (10) days after Tenant’s notice to Landlord of the occurrence of the casualty.

DAMAGE TO PREMISES. (a) If the Premises are destroyed or rendered untenantable, either wholly or in part, by fire or other casualty (“Casualty”), Tenant shall will immediately notify Landlord in writing upon the occurrence of any damage such Casualty. Landlord may elect either to the Building which affects the Premises. If all or any portion of the Premises are damaged or destroyed by any casualty against which Tenant is required to be insured under Section 12.01 of the General Lease Provisions, and if, in Landlord's reasonable opinion, (i) the Premises cannot be rebuilt or made fit for Tenant's purposes within two hundred seventy (270) days of repair the damage or destructioncaused by such casualty as soon as reasonably possible, in which case this Lease will remain in full force and effect, or (ii) terminate the proceeds from Tenant's insurance required Lease Term as of the date the Casualty occurred in which event this Lease shall terminate and neither party shall have further liability hereunder (except that each party shall continue to be maintained liable for all obligations which are expressly indicated in this Lease to survive the termination of this Lease). Landlord will notify Tenant within thirty (30) days after receipt of notice of the Casualty whether Landlord elects to repair the damage or terminate the Lease Term. (b) If the Property is destroyed or damaged by Tenant pursuant to PART 12 are insufficient Casualty and Landlord elects to repair or restore the damage or destruction, then Landlord (with respect Property pursuant to the events in (i) or (ii) above) or Tenant (with respect to (i) above only) shall have provisions of this Article 11, any Rent payable during the right to terminate this Lease by giving the other, within sixty (60) days after such damage or destruction, written notice of termination, and thereupon Rent and any other payments for which Tenant is liable under this Lease shall be apportioned and paid to the date period of such damage, and Tenant shall immediately vacate repair and/or restoration will be reduced according to the Premises; provideddegree, howeverif any, that those to which ▇▇▇▇▇▇’s use of the Premises is impaired. (c) The provisions of this Lease which are designated to cover matters Article 11 will govern the rights and obligations of termination Landlord and Tenant in the period thereafter shall survive the termination hereof. Notwithstanding the foregoing, in no event shall Tenant have the right to terminate this Lease if the of any damage or destruction of or to the Premises is a result of (i) a default by Tenant Property or (ii) the negligence or willful act of Tenant, or Tenant's agents, employees, representatives, contractors, successors or assigns, licensees or inviteesPremises.

DAMAGE TO PREMISES. Tenant shall immediately notify Landlord of any damage to the Building which affects the Premises. If all or any portion of the Premises are partially damaged by fire or destroyed other casualty Landlord shall make repairs as speedily as conveniently possible. If the damage is so extreme as to render the Premises untenantable for the Permitted Use, the rent shall cease until the Premises are put into repair by any casualty against which Tenant is required to be insured under Section 12.01 the Landlord. In the event of a total or substantial destruction of the General Lease ProvisionsBuilding of which the Premises form a part, and if, or if in Landlord's reasonable opinion, (i) the judgment of the Landlord the damage to the Premises cannot be rebuilt repaired within one hundred twenty (120) days, and if the Landlord shall decide not to restore or made fit for Tenant's purposes within two hundred seventy (270) days of repair the damage or destructionsame, or (ii) shall decide to demolish the proceeds from Tenant's insurance required to be maintained by Tenant pursuant to PART 12 are insufficient to repair or restore building, the damage or destruction, then Landlord (with respect to the events in (i) or (ii) above) or Tenant (with respect to (i) above only) shall have the right to terminate this Lease by giving the othermay, within sixty forty-five (6045) days after such damage fire or destructionother casualty, written notice of terminationby notification to the other party, terminate this Lease. In the event the Premises are only partially damaged and thereupon Rent and any other payments remain tenantable for the Permitted Use, Tenant shall continue to pay rent, which Tenant is liable under this Lease rent shall be apportioned and paid to the date of such damage, and Tenant shall immediately vacate the Premises; provided, however, that those provisions of this Lease which are designated to cover matters of termination and the period thereafter shall survive the termination hereofequitably adjusted. Notwithstanding the foregoing, in In no event shall Landlord be liable for any loss or damage sustained by Tenant have by reason of fire or other accidental casualty. In the right to event more than fifty (50%) percent of the building is destroyed and the Premises are untenantable for the Permitted Use, the Tenant may terminate this Lease if upon thirty (30) days prior written notice to the damage or destruction of the Premises is a result of (i) a default by Tenant or (ii) the negligence or willful act of Tenant, or Tenant's agents, employees, representatives, contractors, successors or assigns, licensees or inviteesLandlord.

DAMAGE TO PREMISES. (a) If the Premises shall be destroyed or rendered untenantable, either wholly or in part, by fire or other casualty (“Casualty”), Tenant shall immediately notify Landlord in writing upon the occurrence of such Casualty. In the event of any damage Casualty, Landlord may elect either to the Building which affects the Premises. If all or any portion of the Premises are damaged or destroyed by any casualty against which Tenant is required to be insured under Section 12.01 of the General Lease Provisions, and if, in Landlord's reasonable opinion, (i) the Premises cannot be rebuilt or made fit for Tenant's purposes within two hundred seventy (270) days of repair the damage or destructioncaused by such casualty as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (ii) terminate this Lease as of the proceeds from Tenant's insurance required to be maintained by date the casualty occurred. Landlord shall notify Tenant pursuant to PART 12 are insufficient within thirty (30) days after receipt of notice of the occurrence of the casualty whether Landlord elects to repair or restore the damage or destructionterminate this Lease. If Landlord shall elect to repair the damage, then Tenant shall pay Landlord the portion of the “deductible amount” (with respect if any) under Landlord’s insurance allocable to the events in (i) or (ii) above) or Tenant (with respect to (i) above only) shall have the right to terminate this Lease by giving the other, within sixty (60) days after such damage or destruction, written notice of termination, and thereupon Rent and any other payments for which Tenant is liable under this Lease shall be apportioned and paid to the date of such damagePremises and, and Tenant shall immediately vacate the Premises; provided, however, that those provisions of this Lease which are designated to cover matters of termination and the period thereafter shall survive the termination hereof. Notwithstanding the foregoing, in no event shall Tenant have the right to terminate this Lease if the damage shall have been due to an act or destruction of the Premises is a result of (i) a default by Tenant or (ii) the negligence or willful act omission of Tenant, or Tenant's ’s employees, agents, employees, representatives, contractors, successors or assigns, licensees contractors or invitees, the difference between the actual cost of repair and any insurance proceeds received by Landlord. (b) If the casualty to the Premises shall occur during the last six (6) months of the Lease Term and the damage shall be estimated by Landlord to require more than thirty (30) days to repair, either Landlord or Tenant may elect to terminate this Lease as of the date the casualty shall have occurred, regardless of the sufficiency of any insurance proceeds. The party electing to terminate this Lease shall give written notification to the other party of such election within ten (10) days after ▇▇▇▇▇▇’s notice to Landlord of the occurrence of the casualty.

DAMAGE TO PREMISES. In the case of damage to or destruction of the Premises by fire or other casualty, Tenant's rental obligation shall continue as provided in Article 3 above to the extent of rental loss insurance and/or business interruption insurance proceeds, and Tenant shall immediately notify Landlord of any damage rebuild and restore such casualty damage, unless Tenant elects to terminate the Lease pursuant to the Building which affects further terms of this Article 6. In the Premisesevent that Tenant undertakes any restoration and/or repair work, such work shall be done in accordance with the provisions of Section 6.05 hereof and Landlord shall make the casualty insurance proceeds available to Tenant for that purpose. If all or any portion of the Premises are damaged or destroyed by any casualty against which to the extent that Tenant is required unable to be insured under Section 12.01 of the General Lease Provisions, operate a first class card club therein and if, in Landlord's reasonable opinion, (i) the Premises such damage cannot be rebuilt or made fit for Tenant's purposes repaired within two one hundred seventy eighty (270180) days from the date of the damage or destructiondamage, or (ii) the proceeds from Tenant's insurance required to be maintained by Tenant pursuant to PART 12 are insufficient to repair or restore the damage or destruction, then Landlord (with respect to the events in (i) or (ii) above) or Tenant (with respect to (i) above only) shall have the right to may terminate this Lease by giving the other, within sixty written notice to Landlord no later than ten (6010) days after the date of occurrence of such damage or destructiondamage. In the event either party duly elects to terminate this Lease, written notice of termination, and thereupon Rent and any other payments for which Tenant is liable under this Lease shall be apportioned and paid deemed to have been terminated as of the date of occurrence of such damagedamage and neither party shall have any further liability under this Lease except for the provisions herein, and Tenant shall immediately vacate which by their terms survive the Premises; provided, however, that those provisions expiration or earlier termination of this Lease which are designated to cover matters of termination and the period thereafter shall survive the termination hereof. Notwithstanding the foregoing, in no event shall Tenant have the right to terminate this Lease if the damage or destruction of the Premises is a result of (i) a default by Tenant or (ii) the negligence or willful act of Tenant, or Tenant's agents, employees, representatives, contractors, successors or assigns, licensees or inviteesLease.

DAMAGE TO PREMISES. (a) If the Premises shall be destroyed or rendered untenantable, either wholly or in part, by fire or other casualty ("Casualty"). Tenant shall immediately notify Landlord in writing upon the occurrence of such Casualty. In the event of any damage Casualty, Landlord may elect either to the Building which affects the Premises. If all or any portion of the Premises are damaged or destroyed by any casualty against which Tenant is required to be insured under Section 12.01 of the General Lease Provisions, and if, in Landlord's reasonable opinion, (i) the Premises cannot be rebuilt or made fit for Tenant's purposes within two hundred seventy (270) days of repair the damage or destructioncaused by such casualty as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (ii) terminate this Lease as of the proceeds from Tenant's insurance required to be maintained by date the casualty occurred. Landlord shall notify Tenant pursuant to PART 12 are insufficient within thirty (30) days after receipt of notice of the occurrence of the casualty whether Landlord elects to repair or restore the damage or destructionterminate this Lease. If Landlord shall elect to repair the damage, then Tenant shall pay Landlord the portion of the "deductible amount" (with respect if any) under Landlord's insurance allocable to the events in (i) or (ii) above) or Tenant (with respect to (i) above only) shall have the right to terminate this Lease by giving the other, within sixty (60) days after such damage or destruction, written notice of termination, and thereupon Rent and any other payments for which Tenant is liable under this Lease shall be apportioned and paid to the date of such damagePremises and, and Tenant shall immediately vacate the Premises; provided, however, that those provisions of this Lease which are designated to cover matters of termination and the period thereafter shall survive the termination hereof. Notwithstanding the foregoing, in no event shall Tenant have the right to terminate this Lease if the damage shall have been due to an act or destruction of the Premises is a result of (i) a default by Tenant or (ii) the negligence or willful act omission of Tenant, or Tenant's employees, agents, employeescontractors or Invitees, representativesthe difference between the actual cost of repair and any insurance proceeds received by Landlord. (b) If the casualty to the Premises shall occur during the last six (6) months of the Lease Term and the damage shall be estimated by Landlord to require more than thirty (30) days to repair, contractorseither Landlord or Tenant may elect to terminate this Lease as of the date the casualty shall have occurred, successors or assigns, licensees or inviteesregardless of the sufficiency of any insurance proceeds. The party electing to terminate this lease shall give written notification to the other Party of such election within ten (10) days after Tenant's notice to Landlord of the occurrence of the casualty.

DAMAGE TO PREMISES. Tenant In the event the Premises or a portion thereof are rendered untenantable by fire or other casualty, Landlord shall immediately notify Landlord have the option of any damage to the Building which affects terminating this Lease or rebuilding the Premises, and in event of such casualty written notice of the election by Landlord shall be given to Tenant within thirty (30) days after the occurrence of such casualty. If In the event Landlord elects to rebuild the Premises, the Premises shall be restored to its former condition within one hundred sixty (160) days, during which time Base Rent and all or any other charges payable hereunder shall be payable only for the portion of the Premises are damaged or destroyed by any casualty against which Tenant is required to be insured under Section 12.01 remains tenantable (on a pro rata square footage basis). In the event the repair and/or rebuilding of the General Lease Provisions, and if, in Landlord's reasonable opinion, (i) the Premises canshall not be rebuilt or made fit for Tenant's purposes substantially completed within two such one hundred seventy sixty (270160) days of the damage or destructionday period, or (ii) the proceeds from Tenant's insurance required to be maintained by Tenant pursuant to PART 12 are insufficient to repair or restore the damage or destruction, then Landlord (with respect to the events in (i) or (ii) above) or Tenant (with respect to (i) above only) shall have the right may elect to terminate this Lease by giving the other, within sixty upon five (605) days after written notice. In the event Landlord or Tenant elect to terminate this Lease, the rent shall be paid to and adjusted as of the date of such damage or destruction, written notice of terminationcasualty, and thereupon Rent the Term of this Lease shall then expire and any other payments for which Tenant is liable under this Lease shall be apportioned of no further force or effect and paid Landlord shall be entitled to the date sole possession of such damage, and Tenant shall immediately vacate the Premises; provided, however, that those provisions of this Lease which are designated to cover matters of termination and the period thereafter shall survive the termination hereof. Notwithstanding the foregoing, in no event shall Tenant have the right to terminate this Lease if the damage or destruction of the Premises is a result of (i) a default by Tenant or (ii) the negligence or willful act of Tenant, or Tenant's agents, employees, representatives, contractors, successors or assigns, licensees or invitees.

DAMAGE TO PREMISES. Tenant shall immediately notify Landlord of any damage If the Premises are destroyed or damaged by fire or other casualty, or damaged thereby to the Building which affects the Premises. If extent that Tenant is deprived of occupancy of all or any a significant portion of the Premises, all rent shall be abated until the Premises are damaged or destroyed repaired by any casualty against which Tenant is required to be insured under Section 12.01 of the General Lease Provisions, and if, in Landlord's reasonable opinion, (i) . If the Premises canare so substantially destroyed that the Landlord decides in its sole reasonable discretion not be rebuilt or made fit for Tenant's purposes within two hundred seventy (270) days of the damage or destruction, or (ii) the proceeds from Tenant's insurance required to be maintained by Tenant pursuant to PART 12 are insufficient to repair or restore rebuild, Landlord, within thirty (30) days after the damage or destructionis incurred, then Landlord (with respect to the events in (i) or (ii) above) or Tenant (with respect to (i) above only) shall have the right to may terminate this Lease by giving notice to the otherTenant. If the Premises are partially destroyed or damaged, within sixty (60) days after whereby the Tenant shall be deprived of only a portion of said Premises, the Landlord may cancel this Lease or rebuild at its option. If Landlord chooses to rebuild, a proportionate allowance shall be made from the rent during the period required for such repairs, in the proportion which the number of square feet of which the Tenant Is deprived by such damage or destruction, written notice and the making of termination, and thereupon Rent and any other payments for which Tenant is liable under this Lease shall be apportioned and paid such repairs bears to the date total square feet of such damagethe Premises. Upon restoration of the building and Premises, and Tenant shall immediately vacate continue the Premises; provided, however, that those provisions of this Lease which are designated to cover matters of termination and the period thereafter shall survive the termination hereof. Notwithstanding the foregoing, in no event shall Tenant have the right to terminate this Lease if the damage or destruction operation of the Premises is a result of (i) a default by Tenant or (ii) the negligence or willful act of Tenant, or Tenant's agents, employees, representatives, contractors, successors or assigns, licensees or inviteesbusiness and rent shall resume at its normal rate.

DAMAGE TO PREMISES. (a) If the Premises shall be destroyed or rendered untenantable, either wholly or in part, by fire or other casualty ("Casualty"). Tenant shall immediately notify Landlord in writing upon the occurrence of such Casualty. In the event of any damage Casualty, Landlord may elect either to the Building which affects the Premises. If all or any portion of the Premises are damaged or destroyed by any casualty against which Tenant is required to be insured under Section 12.01 of the General Lease Provisions, and if, in Landlord's reasonable opinion, (i) the Premises cannot be rebuilt or made fit for Tenant's purposes within two hundred seventy (270) days of repair the damage or destructioncaused by such casualty as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (ii) terminate this Lease as of the proceeds from Tenant's insurance required to be maintained by date the casualty occurred. Landlord shall notify Tenant pursuant to PART 12 are insufficient within thirty (30) days after receipt of notice of the occurrence of the casualty whether Landlord elects to repair or restore the damage or destructionterminate this Lease. If Landlord shall elect to repair the damage, then Tenant shall pay Landlord the portion of the "deductible amount" (with respect if any) under Landlord's insurance allocable to the events in (i) or (ii) above) or Tenant (with respect to (i) above only) shall have the right to terminate this Lease by giving the other, within sixty (60) days after such damage or destruction, written notice of termination, and thereupon Rent and any other payments for which Tenant is liable under this Lease shall be apportioned and paid to the date of such damagePremises and, and Tenant shall immediately vacate the Premises; provided, however, that those provisions of this Lease which are designated to cover matters of termination and the period thereafter shall survive the termination hereof. Notwithstanding the foregoing, in no event shall Tenant have the right to terminate this Lease if the damage shall have been due to an act or destruction of the Premises is a result of (i) a default by Tenant or (ii) the negligence or willful act omission of Tenant, or Tenant's employees, agents, employeescontractors or Invitees, representativesthe difference between the actual cost of repair and any insurance proceeds received by Landlord. (b) If the casualty to the Premises shall occur during the last six (6) months of the Lease Term and the damage shall be estimated by Landlord to require more than thirty (30) days to repair, contractorseither Landlord or Tenant may elect to terminate this Lease as of the date the casualty shall have occurred, successors or assigns, licensees or inviteesregardless of the sufficiency of any insurance proceeds. The party electing to terminate this lease shall give written notification to the other Party of such election within ten (1O) days after Tenant's notice to Landlord of the occurrence of the casualty.

DAMAGE TO PREMISES. Tenant shall immediately notify Landlord If, during the term of any damage to the Building which affects the Premises. If all or any portion of this Lease, the Premises are damaged from fire or destroyed other casualty, then either: (a) If the Premises are rendered partially unfit for occupancy by any casualty against which Tenant is required to the Tenant, the rent payable shall be insured under Section 12.01 only for the part of the General Lease ProvisionsPremises that are usable and therefore shall be reduced in proportion to the normal rent if the whole Premises were usable; (b) If the Premises are rendered wholly unfit for occupancy by the Tenant, and ifthe rent will be proportionately reduced to the extent that the Premises are thereby rendered unusable by the Tenant in its business, from the date of the casualty until completion by the Landlord of the repairs to the Premises payable until the Premises; or (c) If the Premises are, in the opinion of the Landlord's ’s architect, incapable of being repaired with reasonable opinion, (i) the Premises cannot be rebuilt or made fit for Tenant's purposes diligence within two hundred seventy (270) 180 days of the damage or destructionoccurrence, or (ii) then the proceeds from Tenant's insurance required term of this Lease shall be terminated and the Tenant shall immediately surrender the Premises and all its interest to the landlord, such rent to be maintained by Tenant pursuant a portion and payable only to PART 12 are insufficient to repair or restore the date of the damage or destruction, then occurrence. The Landlord (with respect to may re-enter and repossess the events Premises upon discharge of the Lease. The Landlord must give the Tenant a Notice in (i) or (ii) above) or Tenant (with respect to (i) above only) shall have the right to terminate this Lease by giving the other, writing within sixty (60) days after such damage or destruction, written notice of termination, and thereupon Rent and any other payments for which Tenant is liable under this Lease shall be apportioned and paid to the date of such damage, and Tenant shall immediately vacate the Premises; provided, however, that those provisions of this Lease which are designated to cover matters of termination and the period thereafter shall survive the termination hereof. Notwithstanding the foregoing, in no event shall Tenant have the right to terminate this Lease if the damage or destruction of as to whether the Premises is a result of (i) a default by Tenant or (ii) the negligence or willful act of Tenant, or Tenant's agents, employees, representatives, contractors, successors or assigns, licensees or inviteesare repairable within 180 days.