Destruction. If during the term, the Premises or Project are more than 10% destroyed from any cause, or rendered inaccessible or unusable from any cause, Landlord may, in its sole discretion, terminate this Lease by delivery of notice to Tenant within 30 days of such event without compensation to Tenant. If in Landlord's estimation, the Premises cannot be restored within 90 days following such destruction, the Landlord shall notify Tenant and Tenant may terminate this Lease by delivery of notice to Landlord within 30 days of receipt of Landlord's notice. If neither Landlord nor Tenant terminates this Lease as provided above, then Landlord shall commence to restore the Premises in compliance with then existing laws and shall complete such restoration with due diligence. In such event, this Lease shall remain in full force and effect, but there shall be an abatement of Base Monthly Rent and Xxxxxx's Share of Expenses between the date of destruction and the date of completion of restoration, based on the extent to which destruction interferes with Xxxxxx's use of the Premises.
Destruction. Unless otherwise instructed by the Issuer or the Guarantor or unless, in the case of the Global Note, it is to be returned to its holder in accordance with its terms, the Issuing and Principal Paying Agent, in the case of Bearer Notes, and the Registrar, in the case of Registered Notes, (or the designated agent of either) shall destroy the cancelled Bearer Notes, Receipts, Coupons, Talons and/or Certificates in its possession and upon request shall send the Issuer, the Guarantor and the Trustee a certificate giving the certificate numbers of such Notes (or of the Certificates representing them) in numerical sequence, the maturity dates and certificate numbers (in numerical sequence) of such Receipts and Talons and the total numbers by maturity date of such Coupons, in each case distinguishing between Bearer Notes of each Series and denomination (and any Receipts, Coupons and Talons relating to them) and Registered Notes of each Series and Receipts, Coupons and Talons that have been paid or exchanged and those that have been surrendered for cancellation before their due date.
Destruction. This Provision (J.4.) does not apply to Coverage For Damage To Your Auto.
Destruction. Unless the Issuer instructs otherwise, the Replacement Agent shall destroy each mutilated or defaced Temporary Global Note, Permanent Global Note, Definitive Note or Coupon surrendered to and cancelled by it and in respect of which a replacement has been delivered and shall furnish the Issuer with a certificate as to such destruction specifying the certificate or serial numbers (if any) of the Temporary Global Note, Permanent Global Note, Definitive Notes (distinguishing between different denominations), in numerical sequence and the total number by payment or maturity date of Coupons (distinguishing Talons) so destroyed. In the case of an NGN Temporary Global Note or an NGN Permanent Global Note which has been destroyed by the Common Safekeeper, the Replacement Agent shall furnish the Issuer with a copy of the confirmation of destruction received by it from the Common Safekeeper.
Destruction. If during the term, the Premises or Project are more than 10% destroyed from any cause, or rendered inaccessible or unusable from any cause, Landlord may, in its sole discretion, terminate this Lease by delivery of notice to Tenant within 30 days of such event without compensation to Tenant. If in Landlord's estimation, the Premises cannot be restored within 90 days following such destruction, the Landlord shall immediately notify Tenant and Tenant may terminate this Lease by delivery of notice to Landlord within 30 days of receipt of Landlord's notice. If Landlord does not terminate this lease and if in Landlord's estimation the Premises can be restored within 90 days, then Landlord shall commence to restore the Premises in compliance with then existing laws and shall complete such restoration with due diligence. In such event, this Lease shall remain in full force and effect, but there shall be an abatement of rent between the date of destruction and the date of completion of restoration, based on the extent to which destruction interferes with Xxxxxx's use of the Premises.
Destruction. In the event the Premises are destroyed in whole or in part from any cause, except for routine maintenance and repairs and incidental damage and destruction caused from vandalism and accidents for which Tenant is responsible under Pxxxxxxxx 0, Xxxxxxxx may, at its option:
Destruction. Tenant shall give prompt notice to Landlord in case of any fire or other damage to the Premises. If: (a) the Premises shall be damaged to the extent of thirty percent (30%) or more of the cost of replacement thereof, or (b) the building or buildings constituting the Old Vanderburgh County Courthouse shall be damaged to the extent of fifty percent (50%) or more of the cost of replacement thereof, whether or not the Premises shall be damaged, Tenant shall have the option to cancel this Lease by written notice to Landlord within ninety (90) days after the date of such occurrence. Tenant’s liability for the rents and other charges hereunder shall cease as of the date of vacation of the Premises. In the event this Lease is terminated, Tenant covenants and agrees to pay to Landlord the insurance proceeds payable to Tenant for Improvements to the Premises under the property damage insurance policies required hereunder, which obligation shall survive the expiration of the Lease Term. Unless this Lease is terminated, it shall remain in full force and effect, and the Premises shall be repaired and restored with due diligence to substantiate the condition thereof immediately prior to such damage or destruction, in conformity with the approved historical specifications as determined by Landlord or other authority. Landlord’s obligation to repair and restore shall be limited to the work required to be insured by Landlord under Section 10, and Tenant’s obligation to repair and restore shall be the work required to be insured by Tenant thereunder.
Destruction. If the Property or any portion thereof is damaged by fire or other casualty on or before the Closing Date, Seller immediately shall notify Buyer of such damage. If the estimated cost to repair the damage is less than the greater of (i) $400,000 and (ii) five percent (5%) of the Purchase Price and does not eliminate or materially impair access to the Property, Buyer and Seller shall proceed to the Closing in accordance with the terms of this Agreement, without modification of the terms of this Agreement, in which event Buyer shall be entitled to an assignment of the proceeds of all insurance relating to such fire or other casualty. If the estimated cost to repair the damage equals or exceeds the greater of (i) $400,000 and (ii) five percent (5%) of the Purchase Price, Buyer may elect either (a) to terminate this Agreement and receive the return of the Deposit (minus any escrow or title cancellation fees), in which case neither party shall have any additional rights or obligations under this Agreement, or (b) to proceed to the Closing in accordance with this Agreement, without modification of the terms of this Agreement, in which event Buyer shall be entitled to an assignment of the proceeds of all insurance relating to such fire or other casualty, if any. Such election shall be made by Buyer within thirty (30) business days following Seller's notification to Buyer. Buyer's failure to elect to terminate this Agreement within such thirty-day period shall conclusively be deemed an election to proceed to the Closing. 18.
Destruction. In the event the Premises are destroyed in whole or in part ----------- from any cause, Lessor may, at its option, (1.) rebuild or restore the Premises to their condition prior to the damage or destruction or (2.) terminate the Lease. If Lessor does not give Lessee notice in writing within thirty (30) days from the destruction of the Premises of its election either to rebuild and restore the Premises, or to terminate this Lease, Lessor shall be deemed to have elected to rebuild or restore them, in which event Lessor agrees, at its expense, promptly to rebuild or restore the Premises to its condition prior to the damage or destruction. If Lessor does not complete the rebuilding or restoration within one hundred eighty (180) days following the date of destruction (such period of time to be extended for delays caused by the fault or neglect of Lessee of because of acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, rainy or stormy weather, inability to obtain materials, supplies or fuels, acts of contractors or subcontractors, or delay of the contractors or subcontractors due to such causes or other contingencies beyond control of Lessor), then Lessee shall have the right to terminate this Lease by giving fifteen (15) days prior written notice to Lessor. Lessor's obligation to rebuild or restore shall not include restoration of Lessee's trade fixtures, equipment, merchandise, or any improvements, alterations, or additions made by Lessee to the Premises. If Lessor reasonably estimates that the restoration referenced herein will require 180 days or more, which estimate shall be delivered to Lessee within nor more than thirty (30) days after the occurrence of the casualty, Lessee shall be entitled to terminate this Lease effective upon written notice of such election to Lessor, provided Lessee is not the cause of said damage or destruction. Unless this Lease is terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect. Lessee hereby expressly waives the provisions of Section 1932, Subdivision 2, and Section 1933, Subdivision 4, of the California Civil Code. In the event that the building in which the Premises are situated is damaged or destroyed to the extent of not less than fifty (50%) of the replacement cost thereof, Lessor may elect to terminate this Lease, whether the Premises be injured or not.
Destruction. If the premises are destroyed or damaged such that the cost of repair exceeds fifty (50) percent of the value of the structure before the damage, either party may elect to terminate the lease as of the date of the damage or destruction by notice given to the other in writing not more than forty-five (45) days following the date of damage. In such event all rights and obligations of the parties shall cease as of the date of termination, and Tenant shall be entitled to the reimbursement of any prepaid amounts paid by Tenant and attributable to the anticipated term. If neither party elects to terminate, Landlord shall proceed to restore the premises to substantially the same form as prior to the damage or destruction up to, but not to exceed, the amount of available insurance proceeds (less Landlord's reasonable expenses to obtain such proceeds). Work shall be commenced as soon as reasonably possible and thereafter shall proceed without interruption except for work stoppages due to causes beyond the control of Landlord.