Common use of DESTRUCTION OF PREMISES Clause in Contracts

DESTRUCTION OF PREMISES. Should the Premises be so damaged by fire or other cause that rebuilding or repairs cannot be completed within ninety (90) days from the date of the fire, or other cause of damage, then either Landlord or Tenant may terminate this Lease by written notice to the other given within (30) days of the date of such damage or destruction, in which event rent shall be abated from the date of such damage or destruction. However, if the damage or destruction is such that rebuilding or repairs can be completed within ninety (90) days, Landlord covenants and agrees, subject to the provisions of this Paragraph 11, to make such repairs with reasonable promptness and dispatch, and to allow Tenant an abatement in the rent for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s initial leasehold improvements or otherwise made by or for Tenant shall be made at Tenant’s expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration to base Building improvements required by this Lease to be furnished by Landlord at its expense (other than Tenant’s initial leasehold improvements) shall be made at Landlord’s expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; nor shall Landlord have any necessitating such work that aloe made available to Landlord, under its sole contro1, for such work.

Appears in 1 contract

Samples: Lease Agreement (Allied Bancshares Inc)

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DESTRUCTION OF PREMISES. Should the Premises be so damaged by fire or other cause that rebuilding or repairs cannot not, in the opinion of Landlord's architect, be completed within ninety one hundred thirty five (90135) days from the date of the fire, or other cause of damage, then either Landlord or Tenant may terminate this Lease by written notice to the other given within thirty (30) days of the date of such damage or destruction, in which event rent shall be abated from the date of such damage or destruction. However, if the damage or destruction is such that rebuilding or repairs can be completed within ninety one hundred thirty five (90135) days, Landlord covenants and agrees, subject to the provisions of this Paragraph 1118, to make such repairs with reasonable promptness and dispatch, and to allow Tenant an abatement in the rent for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s initial leasehold improvements or otherwise made by or for Tenant shall be made at Tenant’s expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration to base Building improvements required by this Lease to be furnished by Landlord at its expense (other than Tenant’s initial 's leasehold improvementsimprovements initially paid for by Tenant) shall be made at Landlord’s 's expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; nor . Notwithstanding anything to the contrary contained in this Paragraph, Landlord shall Landlord not have any necessitating such work that aloe made available obligation whatsoever to Landlordrepair, under its sole contro1, for such workreconstruct or restore the Premises when the damage resulting from any casualty occurs during the last twelve (12) months of the Term.

Appears in 1 contract

Samples: Lease Agreement (Digital Fusion Inc/Nj/)

DESTRUCTION OF PREMISES. Should the Premises be so damaged by fire or other cause that rebuilding or repairs (including corresponding necessary rebuilding and repairs of the Building) cannot not, in the opinion of Landlord’s architect, be completed within ninety one hundred eighty (90180) days from the date of the fire, or other cause Landlord’s receipt of damageinsurance proceeds and any required building permits, then either Landlord or Tenant may terminate this Lease by written notice to the other given within thirty (30) days of the date after such determination by Landlord’s architect (which determination shall be made by Landlord’s architect and delivered to Tenant within forty-five [45] days following the event of such damage or destructioncasualty), in which event rent shall be abated from the date of such damage or destruction. However, if the damage or destruction is such that rebuilding or repairs can be completed within ninety one hundred eighty (90180) days, Landlord covenants and agrees, subject to the provisions of this Paragraph 11Section 29, to promptly commence to make such repairs with reasonable promptness following receipt of insurance proceeds and dispatchany required building permits and thereafter diligently and continuously to prosecute such repairs to completion within two hundred forty (240) days following commencement of such repairs, subject to force majeure, and to allow Tenant an abatement in the rent Rent for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable. Notwithstanding the foregoing, and in the event that any such casualty shall not only damage the Premises, but shall also have caused damage to at least fifty percent (50%) of the Rentable Area of the Building as a whole, then the 240-day period referenced above shall be extended to three hundred (300) days, subject to force majeure, during which time Rent shall xxxxx for so long as the Premises is untenantable (or proportionately xxxxx for such portion of the Premises as shall be untenantable). Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s initial leasehold improvements or improvements otherwise made by or for Tenant shall be made at Tenant’s expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration to base Building improvements required by this Lease to be furnished by Landlord at its expense (other than Tenant’s initial leasehold improvements) shall be made at Landlord’s expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; nor shall Landlord have any obligation to incur any cost to repair, reconstruct or restore the Premises or the Building in excess of insurance proceeds (from insurance maintained or required to be maintained (whether or not actually maintained) by Landlord pursuant to this Lease) from the casualty necessitating such work that aloe are made available to Landlord, under its sole contro1control, for such work. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty occurs during the last twelve (12) months of the Term, unless Tenant exercises any extension option then available to it, if any such option then currently exists. Notwithstanding anything to the contrary contained in this Section, either party may terminate this Lease, by giving written notice to the other within thirty (30) days following the date of damage, when the damage resulting from any casualty occurs during the last twelve (12) months of the Term and Landlord does not intend to repair or restore the Premises within said twelve (12) month period.

Appears in 1 contract

Samples: Office Lease Agreement (Surgical Care Affiliates, Inc.)

DESTRUCTION OF PREMISES. Should If the Demised Premises be so damaged are totally destroyed by fire or other cause casualty not resulting from the wrongful or negligent act of Tenant, either Landlord or Tenant may by written notice, given not later than thirty (30) days after the date of such total destruction, terminate this Lease, in which event rent paid for the period beyond the date of destruction shall be refunded to Tenant. If there is not total destruction and Tenant reasonably is required to close operation during repairs, rent shall xxxxx while so closed, but if Tenant is able to continue its operations during repairs, rent shall be adjusted and prorated in the proportion which the area of unusable leased space bears to the total Demised Premises, providing that rebuilding or repairs Landlord shall not in such case have any liability for losses claimed by Tenant. However, if: (i) the damages are such that Landlord concludes that restoration cannot be completed within ninety one hundred and fifty (90150) days from the date days; or (ii) less than ten percent (10%) of the fireLease Term Remains; or (iii) in Landlord's judgment, the cost of restoration will exceed the amount of one (1) years minimum rent; or (iv) insurance carried by Landlord is insufficient to restore the Premises, Landlord may at its option terminate this Lease. If the Demised Premises are damaged by cause due to fault or neglect of Tenant, its agents, employees, invitees, or other cause of damagelicensees, then either Landlord or Tenant may terminate this Lease by written notice to the other given within (30) days of the date of such damage or destruction, in which event rent there shall be abated from the date no apportionment or abatement of such damage or destructionrent. However, if the damage or destruction is such that rebuilding or repairs can be completed within ninety (90) days, Landlord covenants and agrees, subject to the provisions of this Paragraph 11, to make such repairs with reasonable promptness and dispatch, and to allow Tenant an abatement in the rent for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating required to Tenant’s initial leasehold restore fixtures or improvements made or otherwise made owned by Tenant that were not part of Landlord's Work or for Tenant shall be made at Tenant’s expense subsequently constructed in accordance with plans and specifications approved the Demised Premises by Landlord and Tenant. Repairs and restoration to base Building improvements required by this as part of the Lease to be furnished by Landlord at its expense (other than Tenant’s initial leasehold improvements) shall be made at Landlord’s expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; nor shall Landlord have any necessitating such work that aloe made available to Landlord, under its sole contro1, for such workterms.

Appears in 1 contract

Samples: North Carolina Lease Agreement (Interactive Magic Inc /Md/)

DESTRUCTION OF PREMISES. Should the Premises be so damaged by fire or other cause that rebuilding or repairs cannot not, in the estimation of Landlord, be completed within ninety one hundred twenty (90120) days from the date of the fire, or other cause of damage, then either Landlord or Tenant may terminate this Lease by written notice to the other given within thirty (30) days of the date of such damage or destruction, in which event rent shall be abated from the date of such damage or destruction. However, if the damage or destruction is such that rebuilding or repairs can be completed within ninety one hundred twenty (90120) days, Landlord covenants and agrees, subject to the provisions of this Paragraph 11paragraph, to make such repairs with reasonable promptness and dispatchdispatch within such one hundred twenty (120) day period, and to allow Tenant an abatement in the rent Base Monthly Rental for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s initial leasehold improvements or otherwise made by or for Tenant shall be made at Tenant’s expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration to base Building improvements required by this Lease to be furnished by Landlord at its expense (other than Tenant’s initial leasehold improvements) shall be made at Landlord’s expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; Tenant nor shall Landlord be required to rebuild, repair or replace any part of the partitions, fixtures, additions, or other improvements which may have been placed in or about the Premises by Tenant. Notwithstanding anything to the contrary contained in this paragraph, Landlord shall not have any necessitating obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty contained under this paragraph occurs during the last six (6) months of the Term of this Lease, but rent shall abate to the extent set forth above in this Section 20 until such work that aloe made available to Landlord, under its sole contro1, for such workrepxxxx are completed.

Appears in 1 contract

Samples: Lease Agreement (Internet Security Systems Inc/Ga)

DESTRUCTION OF PREMISES. Should the Premises be so damaged by fire or other cause that rebuilding or repairs cannot not, in the opinion of Landlord’s architect, be completed within ninety one hundred eighty (90180) days from the date of the fire, or other cause of damage, then either Landlord or Tenant may terminate this Lease by written notice to the other given within thirty (30) days of the date of such damage or destruction, in which event rent shall be abated from the date of such damage or destruction. However, if the damage or destruction is such that rebuilding or repairs can be completed within ninety one hundred eighty (90180) days, Landlord covenants and agrees, subject to the provisions of this Paragraph 1130, to make such repairs with reasonable promptness and dispatch, dispatch and to allow Tenant an abatement in the rent for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s initial leasehold improvements or improvements otherwise made by or for Tenant shall be made at Tenant’s expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration to base Building improvements required by this Lease to be furnished by Landlord at its expense (other than Tenant’s initial leasehold improvements) shall be made at Landlord’s expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; nor shall Landlord have any obligation to incur any cost to repair, reconstruct or restore the Premises or the Building in excess of insurance proceeds from the casualty necessitating such work that aloe are made available to Landlord, under its sole contro1control, for such work. Notwithstanding anything to the contrary contained in this Paragraph, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty occurs during the last twelve (12) months of the Term.

Appears in 1 contract

Samples: Lease Agreement (BioHorizons, Inc.)

DESTRUCTION OF PREMISES. Should any buildings or improvements on the leased Premises be so damaged or destroyed by fire or other cause that rebuilding or repairs cannot be completed within ninety (90) days from fire, the date elements, act of the fireGod, or other cause causes not the fault of damagethe Tenant or any person in or about the leased Premises with the express or implied consent of the Tenant, then either they shall be repaired or replaced by the Landlord or at the Landlord’s own cost and expense, and the rent payable by the Tenant may terminate under this Lease by written notice to the other given within (30) days of the date of such damage or destruction, in which event rent shall be abated from to the date of such damage or destruction. However, if extent the damage or destruction is such that rebuilding renders the leased Premises uninhabitable by the Tenant. Provided, however, should the cost of repairing or repairs can restoring any buildings or improvements so damaged or destroyed exceed 25% of the replacement cost of all buildings and improvements now located on the leased Premises, the Landlord may, at the Landlord’s option, either repair and restore the damaged buildings and improvements or cancel this Lease and return any unearned rent previously paid by the Tenant under this Lease. The Rent provided for herein shall be completed within ninety (90) daysprorated, Landlord covenants and agrees, subject with Tenant responsible for the payment of Rent up to the provisions of this Paragraph 11, to make such repairs with reasonable promptness and dispatch, and to allow Tenant an abatement in the rent for such time as the Premises are untenantable no longer habitable with no rent due until the Premises are made habitable again. Should the Premises be rendered uninhabitable on a permanent or proportionately for long-term basis (30 days or more), Landlord shall have the option of either repairing the Premises or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the Rent shall be pro-rated in the proportion to the remaining habitable portion of the Premises. Any damaged part of the Premises as shall be untenantablerestored by Landlord as reasonably practicable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s initial leasehold improvements or otherwise made by or for after which Tenant shall be made at Tenant’s expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration obligated to base Building improvements required by pay the entire amount of Rent under Section 2 of this Lease to be furnished by Landlord at its expense (other than Tenant’s initial leasehold improvements) shall be made at Landlord’s expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; nor shall Landlord have any necessitating such work that aloe made available to Landlord, under its sole contro1, for such workLease.

Appears in 1 contract

Samples: Residential Lease Agreement

DESTRUCTION OF PREMISES. Should the Premises be so damaged by fire or other cause that rebuilding or repairs cannot be completed within ninety (90) days from the date of the fire, or other cause of damage, then either Landlord or Tenant may terminate this Lease by written notice to the other given within (30) days of the date of such damage or destruction, in which event rent shall be abated from the date of such damage or destruction. However, if the damage or destruction is such that rebuilding or repairs can be completed within ninety (90) days, Landlord covenants and agrees, subject to the provisions of this Paragraph 11, to make such repairs with reasonable promptness and dispatch, and to allow Tenant an abatement in the rent for such time as the Premises are untenantable or proportionately for for, such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s 's initial leasehold improvements or otherwise made by or for Tenant shall be made at Tenant’s 's expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration to base Building improvements required by this Lease to be furnished by Landlord at its expense (other than Tenant’s 's initial leasehold improvements) shall be made at Landlord’s 's expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; nor shall Landlord have any necessitating such work that aloe made available to Landlord, under its sole contro1, for such work.

Appears in 1 contract

Samples: Lease Agreement (Allied Bancshares Inc)

DESTRUCTION OF PREMISES. Should the Premises be so damaged by fire or other cause that rebuilding or repairs cannot not, in the estimation of Landlord, be completed within ninety one hundred eighty (90180) days from the date of the fire, or other cause of damage, then either Landlord or Tenant may terminate this Lease by written notice to the other given within thirty (30) days of the date of such damage or destruction, in which event rent shall be abated from the date of such damage or destruction. However, if the damage or destruction is such that rebuilding or repairs can be completed within ninety one hundred eighty (90180) days, Landlord covenants and agrees, subject to the provisions of this Paragraph 11paragraph, to make such repairs with reasonable promptness and dispatch, and to allow Tenant an abatement in the rent Base Monthly Rental for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s initial leasehold improvements or otherwise made by or for Tenant shall be made at Tenant’s expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration to base Building improvements required by this Lease to be furnished by Landlord at its expense (other than Tenant’s initial leasehold improvements) shall be made at Landlord’s expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant nor shall Landlord be required to rebuild, repair or replace any part of the partitions, fixtures, additions, or other improvements which may have been placed in or about the Premises by Tenant; nor shall Landlord have any obligation to incur any cost to repair, reconstruct or restore the Premises in excess of insurance proceeds from the casualty necessitating such work that aloe are made available to Landlord, under its sole contro1control, for such work.. Notwithstanding anything to the contrary contained in this paragraph, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage

Appears in 1 contract

Samples: Lease Agreement (Headhunter Net Inc)

DESTRUCTION OF PREMISES. Should the Premises be so damaged by fire or other cause that rebuilding or repairs cannot not, in the estimation of Landlord, be completed within ninety one hundred twenty (90120) days from the date of the fire, or other cause of damage, then either Landlord or Tenant may terminate this Lease by written notice to the other given within thirty (30) days of the date of such damage or destruction, in which event rent shall be abated from the date of such damage or destruction. However, if the damage or destruction is such that rebuilding or repairs can be completed within ninety one hundred twenty (90120) days, Landlord covenants and agrees, subject to the provisions of this Paragraph 11paragraph, to make such repairs with reasonable promptness and dispatchdispatch within such one hundred twenty (120) day period, and to allow Tenant an abatement in the rent Base Monthly Rental for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s initial leasehold improvements or otherwise made by or for Tenant shall be made at Tenant’s expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration to base Building improvements required by this Lease to be furnished by Landlord at its expense (other than Tenant’s initial leasehold improvements) shall be made at Landlord’s expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; Tenant nor shall Landlord be required to rebuild, repair or replace any part of the partitions, fixtures, additions, or other improvements which may have been placed in or about the Premises by Tenant. Notwithstanding anything to the contrary contained in this paragraph, Landlord shall not have any necessitating obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty contained under this paragraph occurs during the last six (6) months of the Term of this Lease, but rent shall xxxxx to the extent set forth above in this Section 20 until such work that aloe made available to Landlord, under its sole contro1, for such workrepairs are completed.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

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DESTRUCTION OF PREMISES. Should the Premises be so damaged by fire or other cause that rebuilding or repairs cannot not, in the estimation of Landlord, be completed within ninety one hundred twenty (90120) days from the date of the fire, or other cause of damage, then either Landlord or Tenant may terminate this Lease by written notice to the other given within thirty (30) days of the date of such damage or destruction, in which event rent shall be abated from the date of such damage or destruction. However, if the damage or destruction is such that rebuilding or repairs can be completed within ninety one hundred twenty (90120) days, Landlord covenants and agrees, subject to the provisions of this Paragraph 11paragraph, to make such repairs with reasonable promptness and dispatchdispatch within such one hundred twenty (120) day period, and to allow Tenant an abatement in the rent Base Monthly Rental for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s initial leasehold improvements or otherwise made by or for Tenant shall be made at Tenant’s expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration to base Building improvements required by this Lease to be furnished by Landlord at its expense (other than Tenant’s initial leasehold improvements) shall be made at Landlord’s expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; Tenant nor shall Landlord be required to rebuild, repair or replace any part of the partitions, fixtures, additions, or other improvements which may have been placed in or about the Premises by Tenant. Notwithstanding anything to the contrary contained in this paragraph, Landlord shall not have any necessitating obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty contained under this paragraph occurs during the last six (6) months of the Term of this Lease, but rent shall abatx xx the extent set forth above in this Section 20 until such work that aloe made available to Landlord, under its sole contro1, for such workrepairs are completed.

Appears in 1 contract

Samples: Mount Vernon Place (Iss Group Inc)

DESTRUCTION OF PREMISES. Should the Premises be so damaged by fire or other cause that rebuilding or repairs cannot be completed within ninety one hundred eighty (90180) days from the date of the fire, or other cause of damage, then either Landlord or Tenant may terminate this Lease by written notice to the other given within thirty (30) days of the date of such damage or destruction, in which event rent shall be abated from the date of such damage or destruction. However, if the damage or destruction is such that rebuilding or repairs can be completed within ninety one hundred eighty (90180) days, . Landlord covenants and agrees, subject to the provisions of this Paragraph 1118, to make such repairs with reasonable promptness and dispatch, and to allow Tenant an abatement in the rent for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s initial leasehold improvements or otherwise made by or for Tenant shall be made at Tenant’s expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration to base Building improvements required by this Lease to be furnished by Landlord at its expense (other than Tenant’s initial leasehold improvements) shall be made at Landlord’s expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; nor shall Landlord have any obligation to incur any cost to repair, reconstruct or restore the Premises or the Building in excess of insurance proceeds from the casualty necessitating such work that aloe are made available to Landlord, under its sole contro1control, for such work. Notwithstanding anything to the contrary contained in this Paragraph, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty contained under this Paragraph occurs during the last twelve (12) months of the Term of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Crescent Banking Co)

DESTRUCTION OF PREMISES. Should the Premises be so damaged by fire or other cause that rebuilding or repairs cannot not, in the reasonable opinion of Landlord's and Tenant's architect, be completed within ninety one hundred eighty (90180) days from the date of the fire, or other cause of damage, or should Landlord refuse to build or make such repairs because the cost exceeds available insurance proceeds, then either Landlord or Tenant may terminate this Lease by written notice to the other given within thirty (30) days of the date of such damage or destruction, in which event rent shall be abated from the date of such damage or destruction. However, if the damage or destruction is such that rebuilding or repairs can be completed within ninety one hundred eighty (90180) days, Landlord covenants and agrees, subject to the provisions of this Paragraph 1130, to make such repairs with reasonable promptness and dispatch, dispatch and to allow Tenant an abatement in the rent for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s 's initial leasehold improvements or improvements otherwise made by or for Tenant shall be made at Tenant’s 's expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration to base Building improvements required by this Lease to be furnished by Landlord at its expense (other than Tenant’s 's initial leasehold improvements) shall be made at Landlord’s 's expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; nor shall Landlord have any obligation to incur any cost to repair, reconstruct or restore the Premises or the Building in excess of insurance proceeds from the casualty necessitating such work that aloe are made available to Landlord, under its sole contro1control, for such work. Notwithstanding anything to the contrary contained in this Paragraph, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty occurs during the last twelve (12) months of the Term.

Appears in 1 contract

Samples: Lease Agreement (Infinity Property & Casualty Corp)

DESTRUCTION OF PREMISES. Should (a) Tenant shall give prompt written notice to Landlord of any damage caused to the Premises be so damaged by fire or other cause that rebuilding 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 repairs cannot be completed the termination of this Lease, consistent with the terms of this Section 18. Landlord shall deliver such Damage Notice to Tenant: (i) within ninety sixty (9060) days from after the date of such casualty if such casualty affects more than the fireBuilding, e.g., an earthquake, or other cause of damage, then either Landlord or Tenant may terminate this Lease by written notice to the other given (ii) within thirty (30) days of after the date of such damage 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 destructionother 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 which event rent shall be abated from the date of such damage or destruction. HoweverLandlord’s sole but reasonable opinion, if the damage or destruction is such that rebuilding or repairs can be completed within ninety one hundred fifty (90150) daysdays 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, Landlord covenants and agreesexcept that Tenant shall be entitled to a reduction of Rent while such repairs are being made, subject in proportion to the provisions of this Paragraph 11, to make such repairs with reasonable promptness and dispatch, and to allow Tenant an abatement in the rent for such time as the Premises are untenantable or proportionately for such portion square footage of the Premises as shall be untenantable, and which is rendered unusable by Tenant covenants and agrees that in the terms conduct of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s initial leasehold improvements or otherwise made by or for Tenant shall be made at Tenant’s expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration to base Building improvements required by this Lease to be furnished by Landlord at its expense (other than Tenant’s initial leasehold improvements) shall be made at Landlord’s expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; nor shall Landlord have any necessitating such work that aloe made available to Landlord, under its sole contro1, for such workbusiness.

Appears in 1 contract

Samples: Office Lease (Model N, Inc.)

DESTRUCTION OF PREMISES. Should the Premises be so damaged by fire or other cause that rebuilding or repairs cannot not, in the opinion of Landlord's architect, be completed within ninety one hundred eighty (90180) days from the date of the fire, or other cause of damage, then either Landlord or Tenant may terminate this Lease by written notice to the other given within thirty (30) days of the date of such damage or destruction, in which event rent shall be abated from the date of such damage or destruction. However, if the damage or destruction is such that rebuilding or repairs can be completed within ninety one hundred eighty (90180) days, Landlord covenants and agrees, subject to the provisions of this Paragraph 1118, to make such repairs with reasonable promptness and dispatch, dispatch and to allow Tenant an abatement in the rent for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. Such repairs and restoration relating to Tenant’s 's initial leasehold improvements or improvements otherwise made by or for Tenant shall be made at Tenant’s 's expense in accordance with plans and specifications approved by Landlord and Tenant. Repairs and restoration to base Building improvements required by this Lease to be furnished by Landlord at its expense (other than Tenant’s 's initial leasehold improvements) shall be made at Landlord’s 's expense. In no event shall Landlord be required to repair or replace any trade fixtures, furniture, equipment or other property belonging to Tenant; nor shall Landlord have any obligation to incur any cost to repair, reconstruct or restore the Premises or the Building in excess of insurance proceeds from the casualty necessitating such work that aloe are made available to Landlord, under its sole contro1control, for such work. Notwithstanding anything to the contrary contained in this Paragraph, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty occurs during the last twelve (12) months of the Term.

Appears in 1 contract

Samples: Lease Agreement (Compbenefits Corp)

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