Common use of DESTRUCTION BY FIRE OR OTHER CAUSE Clause in Contracts

DESTRUCTION BY FIRE OR OTHER CAUSE. SECTION 11.1. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate written Notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 11.2 and 11.3 below, proceed with reasonable diligence, after receipt of the net proceeds of insurance, to repair or cause to be repaired such damage at its expense, to the condition immediately preceding such damage and, if the Premises, or any part thereof, shall be rendered untenantable by reason of such damage, then the Fixed Rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the date that is thirty (30) days after the date when the repair of such damage shall have been substantially completed. If Landlord or any Mortgagee shall be unable to collect the insurance proceeds applicable to such damage because of some action or inaction on the part of Tenant or Persons Within Tenant's Control, then Landlord shall have no duty to make such repairs or effect any restoration hereunder. Tenant covenants and agrees to cooperate with Landlord and any Mortgagee in their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.

DESTRUCTION BY FIRE OR OTHER CAUSE. SECTION 11.1Section 12.1. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate prompt written Notice notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 11.2 12.2 and 11.3 12.3 below, proceed with reasonable diligence, after receipt diligence within 120 days of the net proceeds of insurance, casualty to repair or cause to be repaired such damage at its expense, to the condition immediately preceding such damage ; and, if the Premises, or any part thereof, shall be rendered untenantable by reason of such damagedamage and such damage shall not be due to the fault of Tenant or Persons Within Tenant's Control, then the Fixed Rent and the Escalation Rent hereunder, or an amount thereof apportioned on a pro rata basis according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the date that is thirty (30) days after the date when the repair of such damage shall have been substantially completed. If Landlord or any Mortgagee shall be unable to collect the insurance proceeds applicable to such damage because of some action or inaction on the part of Tenant or Persons Within Tenant's Control, then Landlord shall have no duty to make such repairs or effect any restoration hereunder. Tenant covenants and agrees to cooperate with Landlord and any Lessor or any Mortgagee in their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.

DESTRUCTION BY FIRE OR OTHER CAUSE. SECTION 11.1Section 13.1. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate prompt written Notice notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 11.2 13.2 and 11.3 13.3 below, proceed with reasonable diligence, after receipt of the net proceeds of insuranceinsurance (unless Landlord self-insures), to repair or cause to be repaired such damage at its expense, but in no event shall Landlord be obligated to repair any damage to or to restore any of Tenant’s leasehold improvements or Alterations, whether initially installed by Landlord or Tenant. Tenant shall repair and restore in accordance with Article 6 and with reasonable dispatch all leasehold improvements and Alterations made by or for Tenant in the condition immediately preceding such damage and, if Premises. If the Premises, or any part thereof, shall be rendered untenantable by reason of such damagedamage and such damage shall not be due to the intentional fault of Tenant or Persons Within Tenant’s Control, then the Fixed Rent and the Escalation Rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the date that is thirty (30) days after the date when the repair of such damage shall have been substantially completed. If Landlord or Notwithstanding any Mortgagee provisions contained in this Lease to the contrary, there shall be unable no abatement with respect to collect any portion of the insurance proceeds applicable Premises which has not been so damaged, which is accessible and which is reasonably usable for the Permitted Use. Landlord’s determination of the date when the Premises are tenantable shall be controlling unless Tenant disputes the same by notice to Landlord given within ten (10) Business Days after such damage because determination by Landlord, and pending resolution of some action or inaction on such dispute, Tenant shall commence the part payment of Tenant or Persons Within Tenant's Controlthe Fixed Rent and the Escalation Rent that had been abated, then Landlord shall have no duty to make such repairs or effect any restoration hereunderas of the date specified by Landlord. Tenant covenants and agrees to cooperate with Landlord and any Lessor or any Mortgagee in their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.

DESTRUCTION BY FIRE OR OTHER CAUSE. SECTION 11.1. If (a) Tenant shall give notice to Landlord, promptly after Tenant learns thereof, of any accident, emergency, occurrence, fire or other casualty (each, a “Casualty”) and all damages to or defects in the Premises or any part thereof the Building. Such notice shall be damaged given by fire telecopy or other casualty, Tenant shall give immediate written Notice thereof to Landlord. Landlord shall, subject personal delivery to the provisions address(es) of Sections 11.2 Landlord in effect for Notices pursuant to Paragraph 19 of this Lease. If Landlord reasonably determines that the Premises and/or the Building cannot be restored within one hundred eighty (180) days after the date of the Casualty, Landlord shall so notify Tenant, and 11.3 belowLandlord or Tenant may terminate this Lease by notice of termination, given to the other party within thirty (30) days after the date of Landlord’s determination, this Lease shall expire as of the date of termination stated in said notice with the same effect as if that date were the Expiration Date, and Fixed Rent and additional rent hereunder shall be apportioned as of such date. If neither party so terminates this Lease, Landlord shall proceed with reasonable diligence, after receipt of the net proceeds of insurance, to repair or cause to be repaired such damage at its expense, to . If this Lease is not terminated as set forth in this subparagraph and the condition immediately preceding such damage and, if damaged portion of the Premises, or any part thereof, Premises shall be rendered untenantable by reason unuseable for its intended purposes as same was utilized prior to such damage and such damage shall not be due to the fault of such damageTenant or Persons Within Tenant’s Control, then the Fixed Rent hereunderand additional rent, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable)) or by the diminished business usefulness, if a more appropriate measure, shall be abated for the period from the date of such damage to the date that is thirty (30) days after the date when the repair of such damage shall have been substantially completed. If Landlord or any Mortgagee shall be unable to collect the insurance proceeds applicable to such damage because of some action or inaction on the part of Tenant or Persons Within Tenant's Control, then Landlord shall have no duty to make such repairs or effect any restoration hereunder. Tenant covenants and agrees to cooperate with Landlord and any Mortgagee in their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.

DESTRUCTION BY FIRE OR OTHER CAUSE. SECTION 11.112.1. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate written Notice notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 11.2 12.2 and 11.3 12.3 below, proceed with reasonable diligence, after receipt of the net proceeds of insurance, to repair or cause to be repaired such damage at its expense, to but in no event shall such repair or restoration be greater in scope than the condition immediately preceding such damage quantity or quality of construction of the Premises as of the Commencement Date; and, if the Premises, or any part thereof, shall be rendered untenantable by reason of such damagedamage and such damage shall not be due to the fault of Tenant or Persons Within Tenant's Control, then the Fixed Rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the date that is thirty (30) days after the date when the repair of such damage shall have been substantially completed. If Landlord or any Mortgagee shall be unable to collect the insurance proceeds (including rent insurance proceeds) applicable to such damage because of some action or inaction on the part of Tenant or Persons Within Tenant's Control, then Landlord the cost of repairing such damage shall have be paid by Tenant and there shall be no duty to make such repairs or effect any restoration hereunderabatement of Fixed Rent. Tenant covenants and agrees to cooperate with Landlord and any Mortgagee in their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord. It is expressly understood that if Landlord is prevented from substantially completing the repairs by reason of any acts of Tenant or Persons Within Tenant's Control, including, without limitation, by reason of the performance of any Alterations, or by reason of Tenant's failure or refusal to comply or to cause its architects, engineers, designers and contractors to comply with any of Tenant's obligations described or referred to in this Lease, then such work shall be deemed substantially completed on the date when the work would have been substantially completed but for such delay, and the expiration of the abatement of Tenant's obligations to pay Fixed Rent shall not be postponed by reason of such delay. Any additional costs to Landlord to complete any work occasioned by such delay shall be paid by Tenant to Landlord, as Additional Rent, within ten (10) days after demand therefor by Landlord.

DESTRUCTION BY FIRE OR OTHER CAUSE. SECTION 11.1. Section 13.1 If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate prompt written Notice notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 11.2 13.2 and 11.3 13.3 below, proceed with reasonable diligence, after receipt of of, and subject to obtaining, the net proceeds of insurance, to repair or cause to be repaired such damage at its expense, but such repair obligation shall be limited to the condition immediately preceding such damage core and structural core and perimeter walls only, with access available to the Premises; and, if the Premises, or any part thereof, shall be rendered untenantable by reason of such damagedamage and such damage shall not be due to the fault of Tenant or Persons Within Tenant’s Control, then the Fixed Rent hereunderand the Additional Rent payable pursuant to Articles 3 and 4, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the date that is thirty (30) days after the date when the repair of such damage shall have been substantially completed. If Landlord or any Mortgagee shall be unable to collect the insurance proceeds applicable to such damage because of some action or inaction on the part of Tenant or Persons Within Tenant's Control, then Landlord shall have no duty to make such repairs or effect any restoration hereunder. Tenant covenants and agrees to cooperate with Landlord and any Lessor or any Mortgagee in their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord. Tenant shall, after Landlord shall have substantially completed its repair obligations, repair all damage to Tenant’s Property, Tenant’s Alterations and all leasehold improvements in the Premises.

DESTRUCTION BY FIRE OR OTHER CAUSE. SECTION Section 11.1. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate written Notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 11.2 and 11.3 below11.3, proceed with reasonable diligence, after receipt of the net proceeds of insurance, to repair or cause to be repaired such damage at its expenseexpense within one hundred twenty (120) days of the date of damage, to the condition immediately preceding such damage and, if the Premises, or any part thereof, shall be rendered untenantable by reason of such damage, then the Fixed Base Rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the date that is thirty (30) days after the date when the repair of such damage shall have been substantially completed. If Landlord or any Mortgagee shall be unable to collect the insurance proceeds applicable to such damage because of some action or inaction on the part of Tenant or Persons Within Tenant's ’s Control, then Landlord shall have no duty to make such repairs or effect any restoration hereunder and the Base Rent hereunder, or the amount thereof that would have been apportioned pursuant to the immediately preceding sentence, shall not xxxxx. Tenant covenants and agrees to cooperate with Landlord and any Mortgagee in their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.

DESTRUCTION BY FIRE OR OTHER CAUSE. SECTION 11.1Section 11. 1. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate written Notice thereof to Landlord. The proceeds of insurance shall be paid to Landlord, Owner or Mortgagee (as may be directed in writing). Landlord shall, subject to the provisions of Sections 11.2 and 11.3 below, or Owner (as applicable) shall proceed with reasonable diligence, after receipt of the net proceeds of insuranceinsurance from Mortgagee, to repair or cause to be repaired such damage at its expense, to the condition immediately preceding such damage anddamage, to the extent of the insurance proceeds paid to Landlord, provided mortgagee, if the Premises, or any part thereofany, shall be rendered untenantable by reason of such damage, then make the Fixed Rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated insurance proceeds available for the period from the date of such damage to the date that is thirty (30) days after the date when the repair of such damage shall have been substantially completedrestoration. If Landlord or any Mortgagee shall be unable to collect the insurance proceeds applicable to such damage because of some action or inaction on the part of Tenant or Persons Within Tenant's ’s Control, then Landlord Tenant shall have no duty the obligation to make such repairs or effect any restoration hereunder, up to the limits of such insurance proceeds. Tenant covenants and agrees to cooperate with Landlord and any Mortgagee in their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.

DESTRUCTION BY FIRE OR OTHER CAUSE. SECTION 11.1. If the Premises are damaged or any part thereof shall be damaged rendered untenantable by fire or other casualtycause, Tenant shall give immediate written Notice thereof to Landlord. then in any such event the Landlord shallmay, subject to the provisions of Sections 11.2 and 11.3 belowat its option, proceed with reasonable diligence, after receipt of the net proceeds of insurance, terminate this Lease or elect to repair or cause rebuild the same in Landlord’s sole discretion. If the Landlord elects to be repaired such damage at its expense, to the condition immediately preceding such damage and, if the Premises, or any part thereof, shall be rendered untenantable by reason of such damageterminate this Lease, then the Fixed Rent hereundersame shall terminate ten (10) days after such notice is given and the Tenant shall immediately vacate, or an amount thereof apportioned according to the area surrender and deliver up possession of the Premises so rendered untenantable (if less than to the entire Landlord, paying base Rent and all other charges hereunder up until the time of said casualty. If the Landlord does not elect to terminate this Lease, the Landlord may repair and/or rebuild the Premises shall be so rendered untenantable), shall be abated for as promptly as possible to the period from same or reasonably similar condition as existed before the date of such casualty, subject to any delay from causes beyond its reasonable control, and the Lease Term shall continue without interruption and this Lease shall remain in full force and effect, subject to abatement in the Rent. Additional Rent and other charges hereunder from the time of the damage or destruction until the Premises are repaired or restored. Notwithstanding the foregoing, (i) the Landlord’s obligation to repair and/or rebuild shall not require the date that is thirty (30) days after the date when the repair Landlord to expend any monies in excess of such damage shall have been substantially completed. If Landlord or any Mortgagee shall be unable to collect the insurance proceeds applicable to such damage because of some action or inaction on the part of Tenant or Persons Within Tenant's Control, then Landlord shall have no duty to make such repairs or effect any restoration hereunder. Tenant covenants and agrees to cooperate with Landlord and any Mortgagee in their efforts to collect insurance proceeds (including rent available insurance proceeds, and (ii) payable to such parties. Landlord shall not be liable required to repair and/or rebuild any improvements or alterations built by or for Tenant during the Term or to replace any delay of Tenant’s personal property, equipment, furniture or inventory, which may arise by reason repair and replacement obligation shall be the sole obligation of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.

DESTRUCTION BY FIRE OR OTHER CAUSE. SECTION 11.1Section 13.1. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate prompt written Notice notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 11.2 13.2 and 11.3 13.3 below, proceed with reasonable diligence, after receipt of the net proceeds of insurance, to repair or cause to be repaired such damage at its expense, to the substantially their condition immediately preceding prior to such damage but in no event greater than the scope of Landlord's construction of the Premises on the Commencement Date; and, if the Premises, or any part thereof, shall be rendered untenantable by reason of such damagedamage and such damage shall not be due to the fault of Tenant or Persons Within Tenant's Control, then the Fixed Rent and the Escalation Rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the date that is thirty (30) days after the date when the repair of such damage shall have been substantially completed. If Landlord or any Mortgagee shall be unable to collect the insurance proceeds applicable to such damage because of some action or inaction on the part of Tenant or Persons Within Tenant's Control, then Landlord shall have no duty to make such repairs or effect any restoration hereunder. Tenant covenants and agrees to cooperate with Landlord and any Lessor or any Mortgagee in their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.

DESTRUCTION BY FIRE OR OTHER CAUSE. SECTION 11.1. Section 13.1 If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall promptly give immediate written Landlord a Notice thereof to Landlordthereof. Landlord shall, subject to the provisions of Sections 11.2 13.2 and 11.3 13.3 below, proceed with commercially reasonable diligence, after receipt of the net proceeds of Landlord’s insurance, to repair or cause to be repaired such damage to the shell and core of the Building and the Premises at its expense, but in no event shall Landlord be obligated to repair any damage to or to restore any of Tenant’s leasehold improvements or Alterations, whether initially installed by Landlord or Tenant. Tenant, after receipt of the condition immediately preceding such net proceeds of Tenant’s insurance and the Substantial Completion of the repair of the damage andby Landlord, if shall repair and restore in accordance with Article 6 and with reasonable dispatch all leasehold improvements and Alterations made by or for Tenant in the Premises. If the Premises, or any part thereof, shall be rendered untenantable by reason of such damage, then the Fixed Rent and the Escalation Rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the date that is thirty the earlier of ninety (3090) days after the date when the repair of such damage shall have been substantially completedSubstantially Completed or Tenant’s occupancy of the affected area of the Premises for the conduct of its business, provided that such ninety (90) day period shall be extended for the period of time that Landlord’s insurer pays to Landlord the proceeds that such insurer is required to pay to Landlord on account of rent proceeds pursuant to Landlord’s “all-risk” property insurance policy. Notwithstanding any provisions contained in this Lease to the contrary, there shall be no abatement with respect to any portion of the Premises which has not been so damaged and which is accessible and reasonably usable by Tenant for its normal business operations, or as to which Tenant is not obligated to pay Fixed Rent or Escalation Rent, provided that the continued use of such undamaged portion of the Premises does not require the expenditure by Tenant of any cost to render such portion of the Premises usable (other than in a de minimis amount). Landlord shall give Tenant Notice of the date when Landlord determines that the Premises are tenantable, which date shall be controlling unless Tenant disputes the same by giving Landlord Notice thereof within 10 Business Days after receipt of Landlord’s Notice to Tenant, and pending the resolution of such dispute by expedited arbitration proceeding in accordance with Section 39.22 thereof, Tenant shall commence the payment of the Fixed Rent and the Escalation Rent that had been abated, as of the date specified by Landlord. If Landlord or any Mortgagee shall be unable to collect the insurance proceeds applicable to determination in such damage because proceeding is that Landlord’s determination of some action or inaction on the part date of Tenant or Persons Within Tenant's Controltenantability was incorrect, then the Landlord shall have no duty pay or credit Tenant with any Fixed Rent and Escalation Rent paid by Tenant and attributable to make the period prior to the date of tenantability (as determined in such repairs or effect any restoration hereunderarbitration proceeding), together with interest at the Applicable Rate. Tenant covenants and agrees to shall cooperate with Landlord and any Lessor or any Mortgagee in their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.