Common use of Damage to the Premises Clause in Contracts

Damage to the Premises. If the Premises are partially destroyed by fire or other casualty not attributable to the negligence or carelessness of the Resident or Resident's guest or invitee, the Premises shall be promptly restored and repaired by ETSU and any rent for the period that the Premise are untenable shall xxxxx, unless the Department of Housing and Residence Life provides Resident with suitable alternative living space, in which event rent will not be abated. If, however, the Premises are substantially destroyed, then this Agreement may be terminated by either the Department of Housing and Residence Life or Resident, in which event the rent due hereunder shall cease to accrue as of the date of such damage or destruction. Notwithstanding the foregoing, it is expressly understood and agreed that Resident shall not be excused from paying rent if the damage or destruction to the Premises is the result of or is attributable to the negligence or carelessness of Resident or the guests or invitee of Resident, and Resident shall be charged for the cost of any repairs or clean-up attributable to Resident's carelessness or negligence.

Damage to the Premises. If the Premises are partially destroyed by fire or other casualty not attributable to the negligence or carelessness of the Resident or Resident's guest or invitee, the Premises shall be promptly restored and repaired by ETSU the Landlord and any rent for the period that the Premise are untenable shall xxxxx, unless the Department of Housing and Residence Life Landlord provides Resident with suitable alternative living space, in which event rent will not be abated. If, however, the Premises are substantially destroyed, then this Agreement Lease may be terminated by either the Department of Housing and Residence Life Landlord or Resident, in which event the rent due hereunder shall cease to accrue as of the date of such damage or destruction. Notwithstanding the foregoing, it is expressly understood and agreed that Resident shall not be excused from paying rent if the damage or destruction to the Premises is the result of or is attributable to the negligence or carelessness of Resident or the guests or invitee of Resident, and Resident shall be charged for the cost of any repairs or clean-up attributable to Resident's carelessness or negligence.