DESTRUCTION BY CASUALTY. In the event that the demised premises may be rendered untenable by reason of fire, explosion or any other casualty, Landlord, at his option, may either repair the said premises to make the same tenantable within ninety (90) days thereafter, or may, at his option terminate this lease. In either event that the demised premises are untenable, Tenant's rent for that period of time shall be abated or apportioned.
DESTRUCTION BY CASUALTY. In the event of damage to the Premises by fire or casualty, the Landlord, at its option (a) may repair such damage within a reasonable time after written notice of such damage from the Tenant, or (b) may terminate this Lease by written notice to the Tenant. If the Premises or any part of it is damaged by fire or casualty to such extent that the enjoyment of the Premises is substantially impaired, each such impairment to be agreed by both parties in writing, the Tenant may immediately vacate the Premises and notify the Agent/Landlord in writing within 14 days after such vacation of the intention of the Tenant to terminate this Lease, in which case this Lease shall terminate as of the date of vacation. If however, the damage to the Premises by fire or casualty is caused by the act or omission of the Tenant, or the agents, servants, employees, visitors or licensees of the Tenant, the Tenant shall have no right to terminate this Lease, and the Tenant shall be liable for the rent during the unexpired term of this Lease, without abatement, unless the Landlord elects to terminate this Lease and relieve Tenant from further liability.
DESTRUCTION BY CASUALTY. In the event of destruction of damage or destruction to the Premises by fire or other cause, or a substantial destruction to the Common Areas serving the Premises, Landlord shall have the option to repair or restore the same, as the case may be, at Landlord’s expense, or to terminate this Lease, returning unearned rental monies to Tenant thereupon, Landlord to notify Tenant of the option selected by Landlord within thirty (30) days after such event; provided, however, that in the event Landlord exercises such option to repair or restore the Premises, the same shall be done within a period of one hundred eighty (180) days from the date of such damage or destruction. Landlord shall not be responsible in the event of delays in said repairing or restoring if the same is due to causes beyond Landlord’s control. Notwithstanding the foregoing, Tenant shall have the right to terminate this Lease upon written notice to Landlord in the event the repairs or restoration are not Substantially Completed within a period of one hundred eighty (180) days from the date of the damage or destruction. If Landlord exercises the option to repair or restore the Premises and/or Common Areas, the Premises and/or Common Areas, as the case may be, shall be in character and appearance, equal to the Premises or Common Areas damaged or destroyed and shall be constructed in a manner substantially in accordance with the specifications referred to above, subject to zoning ordinances and regulations. It is further agreed that in the event of such damage or destruction, and the exercise of Landlord’s option to repair the same, that this Lease shall continue in full force and effect, but if such damage or destruction shall be of such extent that Tenant cannot conduct business on the Premises, then the rent and other payments, if any, which Tenant is obligated to make hereunder, shall xxxxx until the Premises have been fully and completely restored by Landlord and possession thereof delivered to Tenant. Any rent paid in advance shall be proportionately rebated. If Tenant can continue to conduct business in the Premises but is deprived of the use of a part or parts thereof or of the Common Areas by reason of such damage or destruction, then the rent and other payments, if any, which Tenant is obligated to make hereunder, shall equitably xxxxx in proportion to the rental value of the space which Tenant is unable to use, until the Premises or Common Areas, as the case may be, shall have fully and...
DESTRUCTION BY CASUALTY. In the event of damage to the Premises by fire, enemy action, or other casualty, Landlord shall repair the same with reasonable dispatch after written notice of such damage by Tenant. If the Premises or any part of it is damaged by fire, enemy action, or other casualty to such extent that the enjoyment of the premises is substantially impaired, Tenant may immediately vacate the Premises and notify Landlord in writing within fourteen (14) days after such vacation of the intention of Tenant to terminate this Lease, in which case this Lease shall terminate as of the day of vacation. If, however, the damage to the Premises by fire or otherwise was caused by the deliberate or negligent act of Tenant, or the agents, servants, employees, visitors, or licensees of Tenant, no option to terminate by Tenant shall exist and Tenant shall be liable for the rent during the unexpired term of this Lease, without abatement, unless Landlord elects to terminate this Lease, a right which Landlord hereby reserves in such contingency.
DESTRUCTION BY CASUALTY. In the event of damage by fire, enemy action or other casualty to the Premises, the Landlord, at its option (i) may repair such damage within a reasonable time after written notice of such damage from the Tenant, or
DESTRUCTION BY CASUALTY. The Landlord shall maintain hazard insurance with respect to the Leased Premises. In the event of damage to the Leased Premises by fire or other casualty, but the Leased Premises remains tenantable, the Landlord shall promptly repair the same. If the Leased Premises, or any part thereof, is damaged by fire or other casualty to such an extent as to be rendered untenantable, this Lease shall terminate as of the date of such damage at the option of either the Landlord or the Tenant.
DESTRUCTION BY CASUALTY a) If the Demised Premises are partially or totally damaged or destroyed by storm, fire, lightning, earthquake, or other casualty, the basic rental hereunder shall be adjusted or abated. XXXXXX shall repair or replace any damage or loss, and the YMCA agrees that any insurance proceeds received by it on account of damage or destruction to the Demised Premises shall be held in trust for use by Xxxxxx.
DESTRUCTION BY CASUALTY. If the Property is damaged or destroyed in whole or part by storm, fire, lightning, earthquake or other casualty, the Lessor shall promptly commence restoration of the Property, provided that Lessor’s insurance coverage covers said damage, to substantially its condition immediately prior to such destruction and shall continue such restoration with all due diligence and dispatch. The Lessor will commence restoration within sixty (60) days of insurance approval and complete them in a timely manner. If access to the Property is substantially denied to Lessee, or twenty-five percent (25%) or more of the usable area of the Property is rendered unusable by Xxxxxx, in Xxxxxx’s good faith judgment, as a result of such casualty, then Lessee may cancel this Lease by written notice to the Lessor and this Lease shall terminate thirty (30) days after the date of such notice. In the event Lessee may occupy only a portion of the property upon a casualty, rent, if any, shall be abated proportionally based on the square footage actually occupied by Xxxxxx.
DESTRUCTION BY CASUALTY. In the event that the demised premises may be rendered untenantable by reason of fire, explosion, or any other casualty, Lessor may, at its option, either repair the said premises to make same tenantable within sixty day (60) thereafter, or may, at its option terminate this Lease. In either event, Lessor shall give Lessee twenty (20) days’ notice in writing of Lessor’s intention to repair or terminate this Lease. If Lessor elects to repair the damaged premises, Lessor shall proceed with due diligence and Lessee’s rent for that period of time during which said premises are or remain untenantable shall be apportioned provided that such damage did not result from the fault or negligence of Lessee. In the event that the demised premises be damaged by reason of fire, explosion or other casualty, but are not rendered untenantable thereby, rental shall not cease or be abated during the period prior to repair of said damage.
DESTRUCTION BY CASUALTY. (a) If any act or occurrence of any kind or nature, ordinary or extraordinary, foreseen or unforeseen (including any casualty for which insurance was not obtained or obtainable), shall result in damage to or loss or destruction of the Facility, to such an extent that it may not be continued to be used for the purpose for which it was intended without significant capital repairs and improvements, then Owner shall have the right to elect not to incur the necessary obligations for such necessary capital repairs and improvements and, as a result, terminate this Agreement, in which case neither party hereto shall have any further rights, duties, liabilities or obligations hereunder. Notwithstanding the foregoing, if Owner commences or otherwise undertakes to commence the necessary construction and repairs to enable the Facility to again be used for the purpose for which it was intended following any such damage to or loss or destruction of the Facility within one (1) year following the act or occurrence which gave rise to such damage and destruction, then Owner shall not be entitled to terminate this Agreement and the Term of this Agreement shall be extended by an amount of time equal to the passage of time between the act or occurrence which gave rise to such damage or destruction of the Facility and the date on which the Facility is fully, completely and finally restored and repaired to the extent necessary to enable it to be used for the purpose for which it was originally intended.
