Common use of Destruction of the Building Clause in Contracts

Destruction of the Building. (a) Notwithstanding the provisions of Section 9.1, if twenty-five percent (25%) or more of the Total Rentable Area of the Building is damaged or destroyed by any cause whatsoever (irrespective of whether the Leased Premises are damaged or destroyed) and if, in the opinion of the Landlord, acting reasonably, the Total Rentable Area of the Building so damaged or destroyed cannot be rebuilt or made fit for the purposes of the respective tenants of such space within one hundred and twenty (120) days of the damage or destruction, then, the Landlord may, at its option (to be exercised by written notice to the Tenant within sixty (60) days following such damage or destruction), elect to terminate this Lease. In the case of such election, the Term and the tenancy hereby created will expire upon the thirtieth day after such notice is given, without indemnity or penalty payable by, or any other recourse against, the Landlord, and the Tenant shall, within such thirty (30) day period, vacate and surrender the Leased Premises to the Landlord. Rent will be due and payable without reduction or abatement subsequent to the destruction or damage and until the date of termination, unless the Leased Premises will have been destroyed or damaged as well, in which event Section 9.1 will apply.

Appears in 2 contracts

Samples: Office Lease (Adexa Inc), Office Lease (Adexa Inc)

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Destruction of the Building. (a) Notwithstanding the provisions of Section 9.110.1, if twenty-five percent (25%) or more of the Total Rentable Area of the Building is damaged or destroyed by any cause whatsoever (irrespective of whether the Leased Premises are damaged or destroyed) and if, in the opinion of the Landlord, acting reasonablyArchitect reasonably arrived at, the Total Rentable Area damaged or destroyed parts of the Building so damaged or destroyed cannot be rebuilt to the extent of the Landlord's Work as set out in Schedule "C" attached, or made fit for the purposes of the respective tenants of such the space within one hundred and twenty ninety (12090) days of the damage or destruction, then, the Landlord may, at its option (to be exercised by written notice to the Tenant within sixty (60) days following such damage or destructionthe occurrence), elect to terminate this Lease. In the case of such election, the Term and the tenancy hereby created will expire upon the thirtieth day after such notice is given, without indemnity or penalty payable by, or any other recourse resource against, the Landlord, and the . The Tenant shall, within such thirty (30) day period, vacate and surrender the Leased Premises to the Landlord. All Rent will be due and payable without reduction or abatement subsequent to the destruction or damage and until the date of termination, unless the Leased Premises will have has been destroyed or damaged as well, in which event Section 9.1 10.1 will apply.

Appears in 1 contract

Samples: Industrial Lease (Iron Age Corp)

Destruction of the Building. (a) Notwithstanding the provisions of Section 9.19.01, if twenty-five percent (25%) % or more of the Total Rentable Area of the Building is damaged or destroyed by any cause whatsoever (irrespective of whether the Leased Premises are damaged or destroyed) and if, in the opinion of the Landlord, acting reasonablyLandlord reasonably arrived at, the Total Rentable Area damaged or destroyed parts of the Building so damaged or destroyed cannot be rebuilt or made fit for the purposes of the respective tenants of such the space within one hundred and twenty (120) 90 days of the damage or destruction, then, the Landlord may, at its option (to be exercised by written notice to the Tenant within sixty (60) 60 days following such damage or destructionthe occurrence), elect to terminate this Lease. In the case of such election, the Term and the tenancy hereby created will expire upon the thirtieth (30th) day after such notice is given, without indemnity or penalty payable by, or any other recourse against, the Landlord, and the Tenant shall, within such thirty (30) day period, vacate and surrender the Leased Premises to the Landlord. Basic Rent and Additional Rent will be due and payable without reduction or abatement subsequent to the destruction or damage and until the date of termination, unless the Leased Premises will have has been destroyed or damaged as well, in which event Section 9.1 9.01 will apply.

Appears in 1 contract

Samples: General Security Agreement (Geac Computer Corp LTD)

Destruction of the Building. (a) Notwithstanding the provisions of Section 9.110.1, if twenty-five percent (25%) or more of the Total Rentable Area of the Building is damaged or destroyed by any cause whatsoever (irrespective of whether the Leased Premises are damaged or destroyed) and if, in the opinion of the Landlord, acting reasonablyArchitect reasonably arrived at, the Total Rentable Area damaged or destroyed parts of the Building so damaged or destroyed cannot be rebuilt to the extent of the Landlord's obligations set out in Section 9.1, or made fit for the purposes of the respective tenants of such the space within one hundred and twenty (120) days of the damage or destruction, then, the Landlord may, at its option (to be exercised by written notice to the Tenant within sixty (60) days following such damage or destructionthe occurrence), elect to terminate this Lease. In the case of such election, the Term and the tenancy hereby created will expire upon the thirtieth day after such notice is given, without indemnity or penalty payable by, or any other recourse against, the Landlord, and the . The Tenant shall, within such thirty (30) day period, vacate and surrender the Leased Premises to the Landlord. All Rent will be due and payable without reduction or abatement subsequent to the destruction or damage and until the date of termination, unless the Leased Premises will have has been destroyed or damaged as well, in which event Section 9.1 10.1 will apply.

Appears in 1 contract

Samples: Infowave Software Inc

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Destruction of the Building. (a) Notwithstanding the provisions of Section 9.18.01, if twenty-five percent (25%) or more of the Total Rentable Area of the Building is damaged or destroyed by any cause whatsoever (irrespective of whether or not the Leased Premises are damaged or destroyed) and if, in if the opinion of the Landlord, acting reasonably, the Total Rentable Area damaged or destroyed parts of the Building so damaged or destroyed cannot be rebuilt to the extent of the Landlord’s Work or made fit for the purposes of the respective tenants occupants of such space the premises within one hundred and twenty ninety (12090) days of the damage or destructiondestruction (assuming normal working days without overtime), then, then the Landlord may, at its option may terminate this Lease upon not less than thirty (to be exercised by 30) days’ written notice to the Tenant given within sixty (60) days following such after the damage or destruction), elect . If the Landlord elects to terminate this Lease. In the case of such electionLease as aforesaid, the Term and the tenancy hereby created will expire upon the thirtieth day after such notice is givenshall expire, without indemnity or penalty payable by, or any other recourse against, from one party to the Landlord, other and the Tenant shall, within such thirty (30) day period, vacate and surrender the Leased Premises and surrender them to the LandlordLandlord with the Landlord having the right to re-enter and repossess the Leased Premises discharged of this Lease and to expel all persons and remove all property therefrom. All Rent will shall be due and payable without reduction or abatement subsequent to the destruction or damage and until the date of termination, unless the Leased Premises will shall have been destroyed or damaged as well, in which event the provisions of Section 9.1 will 8.01 hereof shall apply.

Appears in 1 contract

Samples: Office Lease (Whitney Information Network Inc)

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