Destruction of Demised Premises a. If the improvements or Demised Premises are damaged or destroyed by fire or other casualty, or are damaged by the elements, an act of God or other cause, but not so as to render the Demised Premises or improvements thereon substantially un-tenantable, Landlord shall proceed with reasonable diligence, at its own cost and expense unless resulting from the negligence or misuse by Tenant or Tenant’s guest or invitees, to repair and restore the Demised Premises to their former condition, and provided the Tenant may remain in possession of the Demised Premises during such repair work, rent under this Lease shall continue to accrue and be paid by Tenant.
Destruction of Demised Premises. In the event that the Demised Premises or the Building or any part thereof shall, at any time during the Term, be destroyed or damaged by fire, lightning, tempest, explosion, act of God or the Queen's enemies, so as to render the Demised Premises unfit for the purposes of the Lessee, then the Rent hereby reserved, or a proportionate part thereof, according to the nature and extent of the destruction or damage sustained, shall xxxxx, such suspension in the case of destruction or damage to be until the Demised Premises have been rebuilt and made fit for the Lessee's repair or replacement of its fixtures and improvements; provided that either the Lessor or the Lessee shall have the option, in the event the Building or a substantial part thereof being substantially destroyed or damaged such that the Building or any part thereof cannot be repaired within one hundred eighty (180) days of the commencement of repair and rebuilding as determined by the Lessor's architect, acting reasonably, such determination to be made and communicated to each of the Lessor and the Lessee within sixty (60) days after such destruction or damage occurring to terminate this Lease on giving to the other party within thirty (30) days after receipt of such architect's determination notice in writing of its intention to so terminate this Lease, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned to a date being sixty (60) days after such notice is given, and the Lessee shall on such latter date immediately deliver up vacant possession of the Demised Premises to the Lessor together with repayment of the Loan and all accrued interest. If such option is not exercised, the Lessor shall diligently rebuild the Demised Premises to the extent of its obligations as described in this Lease (provided that the Lessor shall not be obligated to provide any loans, allowances or inducements to the Lessee) and the Lessee shall erect and install the Leasehold Improvements.
Destruction of Demised Premises. A. If the Demised Premises shall be destroyed or so injured by any cause as to be unfit, in whole or in part, for occupancy and such destruction or injury could be substantially repaired within two (2) months from the happening of such destruction or injury, then Lessee shall not be entitled to surrender possession of the Demised Premises nor shall Lessee's liability to pay rent under this Lease cease without the mutual consent of the parties hereto; but in case of any such destruction or injury Lessor shall repair the same with all reasonable speed and shall substantially complete such repairs within two (2) months from the happening of such destruction or injury, and if during such period Lessee shall be unable to use all or any portion of the Demised Premises, a proportionate allowance shall be made to Lessee from the rent corresponding to the time during which and to the portion of the Demised Premises of which Lessee shall be so deprived of the use on account thereof.
Destruction of Demised Premises. (a) If the demised premises shall be damaged by fire or other casualty covered by Landlord's policies of fire and broad form extended coverage insurance but are not thereby rendered untenantable in whole or in part, subject to the limitations hereafter set forth, Landlord, at its own expense, shall cause such damage to be repaired in an expeditious and timely manner, and the rent shall not be abated. If by reason of such occurrence, the demised premises shall be rendered untenantable in whole or in part, subject to the limitations hereafter set forth, Landlord, at its own expense, shall cause the damage to be repaired and the Base Rent shall be abated proportionately as to the portion of the demised premises rendered untenantable until the completion of Landlord's repairs thereto. If the demised premises shall be damaged or destroyed by a fire or casualty not covered by Landlord's policies of fire and broad form extended coverage insurance and the Landlord, at its option, decides not to repair and restore the demised premises, Landlord shall have the right, to be exercised by notice in writing delivered to Tenant within thirty (30) days from and after the occurrence of such damage or destruction, to cancel and terminate this Lease. Either party shall have the right, to be exercised by notice in writing, delivered to the other within thirty (30) days from and after any occurrence which renders the demised premises wholly untenantable to cancel this Lease, and if said destruction of the premises occurs within the last three (3) years of the term of this Lease, said cancellation to take effect thirty (30) days from and after the receipt of such notice by the other party, and in such event this Lease and the tenancy hereby created shall cease as of the aforesaid date (except that such cancellation shall not affect the obligations of the parties which have accrued theretofore and remain unpaid), the rent to be adjusted as of such date; provided, however, that if Landlord shall commence repairs or reconstruction of the destroyed premises during the period prior to the cancellation date, the tenancy shall remain in effect and said notice of cancellation shall be considered void. In no event shall Landlord be obligated to expend for any repairs or reconstruction pursuant to this Paragraph 18 an amount in excess of the insurance proceeds recovered by it and allocable to the damage to the demised premises after deduction therefrom of Landlord's reasonable expenses i...
Destruction of Demised Premises. Provided, always, that if the Demised Premises or any part thereof shall at any time during said term be destroyed or rendered inhabitable by fire or storm, then this Lease shall terminate with Lessor reserving the right to pursue any claims that it may have at law or equity against Lessee for any outstanding rents or breach of the covenants contained herein.
Destruction of Demised Premises. (a) If the Demised Premises shall be damaged or destroyed by fire or other casualty, then Tenant shall promptly give notice thereof to Landlord; and, except as hereinafter otherwise provided, Landlord shall, within a reasonable time thereafter, repair or restore the Demised Premises to substantially the same condition they were in prior to the casualty. If Landlord is required to repair the Demised Premises pursuant to the provisions of this Section 14.01, its obligations shall be limited to the basic building as described herein, excluding, however, all work, alterations, fixtures, or signs installed by or for Tenant and all floor coverings, furniture, equipment and decorations; and Tenant shall, at Tenant's sole cost and expense, promptly perform all repairs and restoration to the Demised Premises not required to be done by Landlord and shall promptly reenter the Demised Premises and commence its business in all parts thereof upon its repair and restoration.
Destruction of Demised Premises. In the event the demised premises are destroyed, damaged or injured by fire or other casualty insurable under standard fire and extended coverage insurance during the term of this Lease then Landlord shall repair the demised premises, restoring them as nearly as practicable to their condition before the occurrence of the casualty. However, if the Landlord notifies Tenant in writing that the demised premises cannot reasonably be restored within one hundred twenty (120) days after the notice of occurrence of the casualty either party may terminate this Lease by written notice to the other. If the demised premises themselves are not damaged by fire or other casualty, but the building is so damaged that Landlord shall determine not to rebuild, then Landlord may terminate this Lease by written notice to Tenant. In the event of termination under this paragraph, the rent shall be payable only to the date of the fire or casualty and all obligations and liabilities of Landlord and Tenant under this Lease shall thereupon terminate and Landlord shall refund to Tenant any unearned rent paid in advance.
Destruction of Demised Premises. A. (1) Except as provided in subparagraph 12 B below, if the Demised Premises, or any part thereof shall be destroyed or damaged during the term of the lease, and the same can reasonably be repaired or restored within one hundred eighty (180) days following such occurrence, at Lessor's written election, Lessee shall not be entitled to surrender possession of the Demised Premises, or any part thereof nor shall Lessee's liability to pay rent under this lease cease; but in case of any such damage or destruction, this lease shall continue in full force and effect and the proceeds of all insurance covering such damage or destruction shall be made available to the Lessee. In such event and upon Lessor's election, Lessee shall be obligated to rebuild and reconstruct such damaged portion of the Demised Premises. If the cost to so rebuild or reconstruct shall exceed the proceeds of any insurance, the Lessee shall be liable for any such deficit. If however, the proceeds of any insurance, paid for by Lessee, covering such damage or destruction exceed the cost of repair or reconstruction, such excess shall belong absolutely to the Lessee. Lessor may alternatively elect to terminate this
Destruction of Demised Premises. In the event of any partial destruction of the Demised Premises during the term hereof, from any cause, Landlord shall forthwith repair the same, provided that such repairs can the made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this Lease, except that in the event such destruction was not caused by Tenant, Tenant shall be entitled to a proportionate reduction of rent white such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Tenant on the Demised Premises. If such repairs cannot be made within said sixty (60) days, Landlord may make the same within a reasonable time, this Lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Landlord shall not elect to make such repairs, this Lease may be terminated at the option of either party. In the event that the building in which the Demised Premises may be situated is destroyed to an extent of not less than one-third of the replacement costs thereof, Landlord may choose to terminate this Lease whether the Demised Premises be injured or not. A total destruction of the building in which the Demised Premises may be situated will terminate this Lease.
Destruction of Demised Premises. SECTION 9.01. Subject to the provisions of Section 9.02 if the Demised Premises shall be partially damaged by any casualty covered by Landlord's insurance policy Landlord shall repair the same to their condition at the time of the occurrence of the damage and the minimum rent shall be abated proportionately as to that portion of the Demised Premises rendered untenantable; provided however Landlord shall not be obligated to commence such repair until insurance proceeds are received by Landlord and Landlord's obligation hereunder shall be limited to the application of the proceeds actually received by Landlord under its insurance policy which have not been required to be applied towards the reduction of any indebtedness secured by a mortgage covering the Plaza and any portion thereof.
