DESTRUCTION-FIRE OR OTHER CAUSE. Section 10.1 (A) If the Premises (including the Alterations) shall be damaged by fire or other casualty, and if Tenant shall give prompt notice thereof to Landlord, the damage to the Premises, but excluding damage to the Alterations and Tenant’s Property, shall be diligently repaired by and at the expense of Landlord to substantially the condition prior to the damage, with such modifications as shall be required in order to comply with Requirements, and from the date of such damage until one hundred twenty (120) days after such repairs shall be substantially completed (of which substantial completion Landlord shall promptly notify Tenant) the Fixed Rent, Escalation Rent and Space Factor shall be reduced in the proportion which the area of the part of the Premises which is not usable by Tenant (and not actually used by Tenant), bears to the total area of the Premises. Tenant shall cooperate with Landlord in connection with the making of such repairs, including without limitation, the making or settlement of any insurance claims. Landlord shall have no obligation to repair any damage to, or to replace, any Alterations or Tenant’s Property. Landlord shall use its reasonable efforts to minimize interference with Tenant’s use and occupancy in making any repairs pursuant to this Section. Anything contained herein to the contrary notwithstanding, if the Premises (including any Alterations) are damaged by fire or other casualty at any time prior to the completion of the Initial Alterations, Landlord’s obligation to repair the Premises shall be limited to repair of the Premises to substantially the condition of the Premises on the Commencement Date with such modifications as shall be required in order to comply with Requirements.
DESTRUCTION-FIRE OR OTHER CAUSE. If the Premises shall be partially damaged by fire or other cause without the fault or neglect of Lessee or Lessee’s servants, employees, agents, invitees or licensees, Lessor shall, upon Lessor’s receipt of the insurance proceeds and to the extent such proceeds are allocable or attributable to the Premises, repair the portions of the Premises covered by Lessor’s insurance, and the rent until such repairs shall have been made shall be apportioned according to the part of the Premises which is usable by Xxxxxx. But if such partial damage is due to the fault or neglect of Lessee or Xxxxxx’s servants, employees, agents, invitees or licensees, without prejudice to any other rights and remedies of Lessor and without prejudice to the rights of subrogation of Lessor’s insurer, the damages shall be repaired by Lessor but there shall be no apportionment or abatement of rent. If the Premises are totally damaged or are rendered wholly un-Lesseeable by fire or other cause and Lessor shall decide not to restore or not to rebuild the same, or if the Building shall be so damaged that Lessor shall decide to demolish it or not to rebuild it, or if the damage occurs in the last year of the then term of this Lease, or if the Building (whether or not the Premises have been damaged) should be damaged to the extent of fifty (50%) percent or more of the then monetary value thereof, or if the damage resulted from a risk not fully covered by Lessor’s insurance, then or in any of such events, Lessor may, within ninety (90) days after such fire or other cause, give Lessee a notice of Lessor’s election to cancel this Lease, and thereupon the term of this Lease shall expire by lapse of time upon the third day after such notice is given, and Lessee shall vacate the Premises and surrender the same to Lessor. For purposes of this Lease, the term “Lessor’s receipt of insurance proceeds” shall mean the portion of the insurance proceeds paid over to Lessor free and clear of any collection by mortgagees for the value of the damage, attorney fees and other costs of compromise, adjustment, settlement and collection of the insurance proceeds.
DESTRUCTION-FIRE OR OTHER CAUSE. If the Premises shall be rendered untenantable by fire or other casualty, then Landlord shall make the Premises tenantable as speedily as possible, and the rent shall be abated in whole or in part, according to the portion of the Premises which is rendered untenantable, during the period of untenantability, except that there shall be no such abatement if such fire or other casualty shall be caused by the negligence of Tenant or its agents, employees, invitee or licensees, and further, there shall be no abatement for the time required for the replacement or repair of any property of Tenant, in excess of the time required to make the Premises tenantable. In the event that the Premises cannot be made tenantable within ninety (90) days, then either Landlord or Tenant may terminate this Lease, effective as of the date of casualty, by notification to the other of such termination within ten (10) days after Landlord shall have notified Tenant of the time required to make them tenantable. Landlord shall, in its sole judgment, reasonably exercised, determine the length of time required to make the Premises tenantable, and shall notify Tenant of such determination within twenty (20) days after the occurrence of the fire or other casualty.
DESTRUCTION-FIRE OR OTHER CAUSE. If said building shall be totally destroyed, this lease shall thereupon terminate. If said building or demised premises shall be damaged by fire, earthquake, or any other cause without fault or neglect of Tenant, so that the leased premises become untenantable, then, if the leased premises cannot be made tenantable within one hundred twenty (120) working days from the date of such damage, this lease may be terminated by Landlord or tenant in the event the leased premises cannot be made tenantable within one hundred eighty (180) days, this lease may be terminated by either party. In any case where the leased premises are rendered partially and permanently untenantable by fire, earthquake, or other cause without the fault or neglect of Tenant, the monthly rental shall be adjusted in the proportion that the rental value of the untenantable portion of the demised premises bears to the rental value of the whole thereof. In any case, where theleased premises are rendered partially but only temporarily untenantable by the aforementioned causes, there shall be no abatement of rental.
DESTRUCTION-FIRE OR OTHER CAUSE. (a) Subject to the provisions of Subsection 10.l(b) below, if the Premises shall be rendered untenable by fire or other casualty, Landlord shall restore the Premises (excluding Tenant’s trade fixtures and improvements) and make them tenable as soon as possible. Rent shall xxxxx during the period of untenability in proportion to the area of the Premises rendered untenable, and for ninety (90) days after its delivery to Tenant in a repaired condition by Landlord to allow Tenant to refixture the Premises. In any event, Tenant shall commence paying rent no later than the date that Tenant reopens for business following the casualty. All such restoration shall be completed within one hundred fifty (150) days of date of the casualty, weather permitting, or Tenant shall be entitled to terminate this Lease in its sole discretion. Landlord shall advise Tenant within thirty (30) days of any casualty whether Landlord can rebuild the Premises within such period of time. Tenant shall have the right to extend such period of time for rebuilding by written notice to Landlord from time-to-time. Landlord shall attempt to provide in existing and future financing documents that it has a right to rebuild if there is a insurable casualty and to receive the insurance proceeds for such purposes.
DESTRUCTION-FIRE OR OTHER CAUSE. A. If the Store shall be totally destroyed by fire, wind, or other casualty, or the casualty exceeds fifty percent (50%) of the replacement cost of the Store as determined by a mutually acceptable insurance adjuster, then in either event, either Bank or Supermarket may terminate this Lease by giving the other written notice of its election to terminate this Lease, not more than thirty (30) days following the date of such damage or destruction. In the event of partial destruction (less than 50% of the replacement Store cost), or if destruction is greater but neither Supermarket or Bank elects to terminate this Lease, said Store shall be restored and repaired by Supermarket. The Rent for the Leased Premises shall be abated during the period of restoration and repairs if the Leased premises is unusable by Bank for the purpose set forth in this Lease.
DESTRUCTION-FIRE OR OTHER CAUSE. If the demised premises shall be damaged by any casualty, Lessee shall promptly and diligently repair (which term shall include, without limitation, re-equip and re-fixture) the demised premises to the condition or state in which the demised premises were immediately prior to the casualty, it being understood that there shall be no abatement of any rental payable hereunder (but Lessor shall, to the extent of the net amount of business interruption insurance proceeds actually received by Lessor for the applicable period, credit the same against the rental payable under this Lease for said applicable period). All proceeds payable under the fire and extended casualty insurance Lessee is obligated to procure and obtain pursuant to paragraph 16c of this Lease shall be paid to Lessor and shall (other than for the portion thereof representing business interruption proceeds) be held in trust and Lessor shall make the insurance proceeds being held in trust available to Lessee as the work progresses generally on the same basis and subject to the same provisions as an institutional construction lender would advance the proceeds of its construction loan.
DESTRUCTION-FIRE OR OTHER CAUSE. A. If the Premises shall be damaged by fire or other casualty, and if Tenant shall give prompt notice thereof to Landlord, the damages shall be repaired by and at the expense of Landlord to the condition existing immediately prior to he casualty, exclusive of Tenant's Alterations, and until such repairs shall be made the Fixed Rent shall be reduced in the proportion which the area of the part of the Premises which is not usable by Tenant bears to the total area of the Premises. Landlord shall have no obligation to repair any damage to, or to replace, any Alterations, fixtures, furniture, furnishings, wall coverings, equipment or other property or effects of Tenant.
DESTRUCTION-FIRE OR OTHER CAUSE. Section 10.1(A) If the Premises (including Alterations other than Specialty Alterations) shall be damaged by fire or other casualty, and if Tenant shall give prompt notice thereof to Landlord, the damage shall be diligently repaired by and at the expense of Landlord to substantially the condition prior to the damage, and until the later of (a) the date on which such repairs which are required to be performed by Landlord (excluding Long Lead Work) shall be substantially completed (of which substantial completion Landlord shall promptly notify Tenant) and (b) the date upon which Tenant shall have substantially completed the performance of its Specialty Alterations, excluding Long Lead Work (but in no event later than ninety (90) days after the earlier of (x) the date specified in the notice delivered by Landlord to Tenant pursuant to Section 10.1(8)(1) hereof and (y) the date on which the repairs which are required to be performed by Landlord (excluding Long Lead Work) shall be substantially completed), the Fixed Rent, Escalation Rent and Space Factor shall be reduced in the proportion which the ratio between the area of the part of the Premises which is not usable by Tenant, as determined by Landlord in its reasonable discretion, bears to the total area of
DESTRUCTION-FIRE OR OTHER CAUSE a. If the demised premises shall be partially damaged by fire or other cause without the fault or neglect of Lessee or Lessee's servants, employees, agents, invitees or licensees, Lessor shall, upon Lessor's receipt of the insurance proceeds and to the extent such proceeds are allocable or attributable to the demised premises, repair the portions of the demised premises covered by Lessor's insurance, and the rent until such repairs shall have been made shall be apportioned according to the part of the demised premises which is usable by Lessee. But if such partial damage is due to the fault or neglect of Lessee or Lessee's servants, employees, agents, invitees or licensees, without prejudice to any other rights and remedies of Lessor and without prejudice to the rights of subrogation of Lessor's insurer, the damages shall be repaired by Lessor but there shall be no apportionment or abatement of rent.
