DESTRUCTION OF PREMISES. (A) If, during the term of this Lease, the Leased Premises are totally or partially destroyed by fire or the elements, so as to render the premises wholly unfit for occupancy, or make it impossible in the opinion of a licensed third party arbitrator knowledgeable in the child care business reasonably acceptable to Lessee and Lessor, for Lessee to conduct its business therein, then either Lessor or Lessee shall have the right to terminate this Lease from the date of such damage or destruction by giving written notice. The parties agree to use reasonable promptness to obtain the opinion of such licensed third party arbitrator. Upon the giving of such notice, Lessee shall immediately surrender the Leased Premises and all interest therein to Lessor, and in case of any such termination, Lessor may re-enter and repossess the Leased Premises and may dispossess all parties then in possession thereof. If not otherwise terminated, in the event the Leased Premises shall be repaired, restored, and rebuilt by Lessee with the use of insurance proceeds (which Lessor shall cooperate to make available), but otherwise at its own sole cost and expense, within one hundred eighty (180) days from the date of destruction (subject to force majuere as set forth in paragraph C hereof, then all rents payable by Lessee shall be abated during the period of repair and restoration to the extent Lessor shall be compensated by the proceeds of rents loss insurance. In no event shall Lessor be required to provide its own money for the repair or restoration of the Leased Premises other than the net proceeds of moneys received by it from any insurance policy or policies covering such loss or damages. Lessee shall be liable for repair of the Leased Premises with all reasonable speed, and the rents shall recommence on the date that the repairs are completed. Lessee shall be under no obligation to so repair during the last five (5) years of the term of the Lease, or as extended, but if Lessee shall desire to rebuild during the last 12 months of the Lease term, Lessor will make insurance proceeds available to rebuild the Leased Premises conditioned upon Lessee then exercising its next renewal option under the Lease. Lessor will make insurance proceeds available to rebuild the Leased Premises in the event Lessee rebuilds, except as stated above.
DESTRUCTION OF PREMISES. In the event of a partial destruction of the premises during the term hereof, from any cause, Lessor shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the premises. If such repairs cannot be made within said sixty (60) days, Lessor, at his option, 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 Lessor shall not elect to make such repairs which cannot be made within sixty (60) days, 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, Lessor may elect to terminate this lease whether the demised premises be injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease.
DESTRUCTION OF PREMISES. If the premises become totally or partially destroyed during the term of this Agreement so that RESIDENT'S use is seriously impaired, OWNER or RESIDENT may terminate this Agreement immediately upon three day written notice to the other.
DESTRUCTION OF PREMISES. If the property is destroyed by fire, the elements, or any other cause, to such an extent that it cannot be repaired within 21 days, then this lease shall terminate on the date of such destruction and all rent shall xxxxx as of the date of such destruction. If the leased property is damaged by fire, the elements or any other cause so as to be capable of being repaired within 21 days from the date of damage, the Landlord shall have the option to repair the damages and during the time that repairs are being made the Landlord shall remit to the Tenant a just and fair portion of the rent according to the nature of the damage sustained and according to the extent that the Tenant are deprived of the use of the premises.
DESTRUCTION OF PREMISES. In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, then this Lease shall cease and terminate as of the date of such destruction, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction of said premises is the same as being prorated as of that date. In the event the leased premises are damaged by fire, windstorm or other cause beyond the control of Landlord so as to render the same partially untenable, but repairable within a reasonable time, then this lease shall remain in force and effect and the Landlord shall, within said reasonable time, restore said premises to substantially the condition the same were in prior to said damage, and there shall be an abatement in rent in proportion to the relationship the damaged portion of the leased premises bears to the whole of said premises.
DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s property insurance (or which would have been covered if Lessor had maintained the property insurance required under this Lease), Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. Notwithstanding this Section 19 or Section 21, (i) if the Premises are condemned or damaged by any peril, then Lessee shall have the option to terminate this Lease if the Premises cannot be, or are not in fact, fully restored by Lessor to their prior condition within two hundred and seventy (270) days after the condemnation or damage, and (ii) Landlord shall not have the right to terminate this Lease and shall repair and restore the Premises if the damage to the Premises is (a) due to a risk required to be insured against by Lessor under this Lease or (b) relatively minor (e.g., repair or restoration would cost less than five percent (5%) of the replacement cost of the Premise...
DESTRUCTION OF PREMISES. If the building in which the Leased Premises is located is damaged by fire or other casualty, without Tenant's fault, and the damage is so extensive as to effectively constitute a total destruction of the property or building, this Lease shall terminate and the rent shall be apportioned to the time of the damage. In all other cases of damage without Tenant's fault, Landlord shall repair the damage with reasonable dispatch, and if the damage has rendered the Leased Premises wholly or partially untenantable, the rent shall be apportioned until the damage is repaired. In determining what constitutes reasonable dispatch, consideration shall be given to delays caused by strikes, adjustment of insurance, and other causes beyond the Landlord's control.
DESTRUCTION OF PREMISES. If the premises are rendered uninhabitable by fire, flood or other natural disaster during the term of this agreement, this agreement shall be thereupon terminated.
DESTRUCTION OF PREMISES. In the event the premises are totally destroyed, then this lease will be forthwith terminated. In the event the demised premises are part of a building and such building is damaged to such an extent that the cost of repairs exceeds one-third of the cost of replacement of said building, then at the option of the Lessor, this lease shall terminate. In the event of partial destruction of the premises, which Lessor elects to or is bound to repair, the same shall be repaired by Lessor as soon as reasonably possible if such repairs can be made in ninety (90) working days after receipt of all permits under the laws, ordinances and regulations applicable thereto, and also if the necessary financing therefor is obtainable on a reasonable basis from local lending agencies; but if such repairs cannot be so made, then this lease, at the option of Lessor, shall terminate; but if not so terminated, then Lessor shall repair the same as soon as reasonably possible. During the time such repairs are being made Lessor shall not unreasonably interfere with Lessee's business, and the rent for such period shall be reduced proportionately to the extent Lessee is deprived of the use of the premises. Lessee waives the provisions of sections 1932 (subdivision 2) and 1933 (subdivision 4) of the California Civil Code.
DESTRUCTION OF PREMISES. (a) Tenant shall give prompt written notice to Landlord of any damage caused to the Premises by fire or other casualty. Landlord shall provide Tenant with a good faith written estimate (the “Damage Notice”) of the time needed to repair the damage caused by such Casualty, which Damage Notice shall specify Landlord’s intentions with respect to the restoration of the Premises or the termination of this Lease, consistent with the terms of this Section 18. Landlord shall deliver such Damage Notice to Tenant: (i) within sixty (60) days after the date of such casualty if such casualty affects more than the Building, e.g., an earthquake, or (ii) within thirty (30) days after the date of such casualty if such casualty affects only the Building, e.g., a fire contained within the Building. In the event of a partial destruction of the Premises during the Term resulting from fire or other casualty insurable under standard fire and extended coverage insurance, Landlord shall proceed with reasonable diligence and at its sole cost and expense to rebuild and repair the portions of the Premises that Landlord is required to insure provided such repairs, in Landlord’s sole but reasonable opinion, can be completed within one hundred fifty (150) days and there are sufficient available insurance proceeds to pay for the cost of same. Such repairs shall be made in accordance with applicable Laws. Such partial destruction shall in no way annul or void this Lease, except that Tenant shall be entitled to a reduction of Rent while such repairs are being made, in proportion to the square footage of the Premises which is rendered unusable by Tenant in the conduct of its business.
