Common use of Fire and Other Casualty Clause in Contracts

Fire and Other Casualty. In the event the Leased Premises is partially or totally destroyed or damaged by fire or other casualty, Lessor may, at its option, terminate this Agreement, and in such event, the Base Rental hereunder shall be prorated for such month during which Lessor's termination occurs and shall not be due thereafter. In the event the Lessor does not so terminate this Agreement, then, subject to the following provisions of this Section 14, Lessor may proceed as soon as is reasonably practicable, at its sole cost and expense to the extent of Lessor's insurance proceeds available, if any, to repair and restore the Leased Premises to substantially the same condition as that before the damage occurred; provided, further, the Base Rental due from Lessee hereunder shall be abated during the period of restoration to the extent of the unusable portion of the Leased Premises. In the event Lessor does not complete such repair and restoration within six (6) months from the date of damage or destruction, Lessee may terminate this Agreement. In the event the damage or destruction to the Leased Premises through fire or other casualty is directly or indirectly attributable to any act of fault or negligence on the part of Lessee, and/or its agents, employees, licensees, or invitees, then (i) such damage or destruction to the Leased Premises, the Building, and/or the Property shall be promptly repaired by Lessee, at its sole cost and expense; (ii) the Base Rental shall not xxxxx during such period of restoration and refurbishment; (iii) Lessee shall not be entitled to terminate this Agreement; and (iv) Lessee shall fully reimburse Lessor for all costs and expenses, including responsible attorneys' fees, incurred by Lessor on behalf of Lessee in connection with undertaking the obligations of Lessee hereunder.

Fire and Other Casualty. In the event the Leased Premises is partially or totally destroyed or damaged by fire or other casualty, Lessor may, at its option, terminate this Agreement, and in such event, the Base Rental hereunder shall be prorated for such month during which Lessor's termination occurs and shall not be due thereafter. In the event the Lessor does not so terminate this Agreement, then, subject to the following provisions of this Section 14, Lessor may proceed as soon as is reasonably practicable, at its sole cost and expense to the extent of Lessor's insurance proceeds available, if any, to repair and restore the Leased Premises to substantially the same condition as that before the damage occurred; provided, further, the Base Rental due from Lessee hereunder shall be abated during the period of restoration to the extent of the unusable portion of the Leased Premises. In the event Lessor does not complete such repair and restoration within six (6) months from the date of damage or destruction, Lessee may terminate this Agreement. In the event the damage or destruction to the Leased Premises through fire or other casualty is directly or indirectly attributable to any act of fault or negligence on the part of Lessee, and/or its agents, employees, licensees, or invitees, then (i) such damage or destruction to the Leased Premises, the Building, and/or the Property shall be promptly repaired by Lessee, at its sole cost and expense; (ii) the Base Rental shall not xxxxx abate during such period of restoration and refurbishment; (iii) Lessee shall Lesxxx xhall not be entitled to terminate this Agreement; and (iv) Lessee shall fully reimburse Lessor for all costs and expenses, including responsible attorneys' fees, incurred by Lessor on behalf of Lessee in connection with undertaking the obligations of Lessee hereunder.

Fire and Other Casualty. In the event of total or partial destruction of ----------------------- the Leased Premises by fire or other casualty insured under the fire and extended coverage insurance provided pursuant to the terms of this Lease, and in the event that the insurance proceeds are released by any mortgagee entitled to such proceeds, Lessor agrees to promptly restore and repair the Leased Premises at Lessor's expense; provided, however, that in the event the Leased Premises are (i) so destroyed that they cannot be repaired or rebuilt within one hundred twenty (120) days after the date of the damage or destruction; or (ii) destroyed by a casualty which is partially or totally destroyed or damaged not covered by fire or other the insurance required hereunder, then, in the case of a clause (i) casualty, either Lessor or Lessee may, or, in the case of a clause (ii) casualty, then Lessor may, at its optionupon thirty (30) days written notice to the other party, terminate and cancel this Agreement, Lease; and in such event, the Base Rental all further obligations hereunder shall be prorated thereupon cease and terminate. Lessor shall determine whether or not it is going to repair or rebuild within fifteen days after Lessor receives a determination from the insurance carrier regarding the availability and amount of insurance proceeds for such month during which Lessor's termination occurs and shall not be due thereafterrebuilding under clause (i) or within thirty (30) days after a casualty in the event of a casualty under clause (ii). In the event the of a clause, (i) damage or destruction as described above, Lessee shall have thirty (30) days after Lessor does not so terminate this Agreement, then, subject to the following provisions of this Section 14, Lessor may proceed as soon as is reasonably practicable, at its sole cost and expense to the extent of Lessor's insurance proceeds available, if any, determines to repair and restore or rebuild the Leased Premises to substantially the same condition as that before the damage occurred; provided, further, the Base Rental due from Lessee hereunder shall be abated during the period of restoration to the extent of the unusable portion of the Leased Premisesterminate this Lease. In the event Lessor does not complete such repair and restoration within six (6) months Any proceeds from the date of damage fire and extended coverage insurance policies not utilized by Lessor in restoring or destruction, Lessee may terminate this Agreement. In the event the damage or destruction to repairing the Leased Premises through fire shall become the sole property of Lessor. Rent shall proportionately xxxxx during the time that the Leased Premises or other casualty is directly or indirectly attributable to part thereof are unusable by reason of any act of fault or negligence on the part of Lessee, and/or its agents, employees, licensees, or invitees, then (i) such damage or destruction to the Leased Premises, the Building, and/or the Property shall be promptly repaired by Lessee, at its sole cost and expense; (ii) the Base Rental shall not xxxxx during such period of restoration and refurbishment; (iii) Lessee shall not be entitled to terminate this Agreement; and (iv) Lessee shall fully reimburse Lessor for all costs and expenses, including responsible attorneys' fees, incurred by Lessor on behalf of Lessee in connection with undertaking the obligations of Lessee hereunderthereto.

Fire and Other Casualty. In the event the Leased Premises is partially or totally premises are destroyed or damaged by fire fire, earthquake or other casualtycasualty of such an extent as to render the same untenantable in whole or in a substantial part thereof, it shall be optional with the Lessor to rebuild or repair the same; and after the happening of any such contingency the Lessee shall give the Lessor immediate notice thereof. Lessor shall have ninety (90) days after the date of such notification, to notify the Lessee in writing of Lessor's intentions to rebuild or repair said premises, or the part so damaged as aforesaid, and if Lessor elects to rebuild or repair said premises, Lessor may, at its option, terminate this Agreementshall prosecute the work of such rebuilding or repairing without unnecessary delay, and in during such event, period the Base Rental hereunder rent of said premises shall be prorated abated in the same ratio that the portion of the premises rendered for such month during which the time being unfit for occupancy shall bear to the whole of the leased premises. If the Lessor shall fail to give the notice aforesaid, Lessee shall have the right to declare this lease terminated by written notice served upon the Lessor's termination occurs and shall not be due thereafter. In the event the Lessor does not so terminate this Agreement, then, subject to building in which the following provisions of this Section 14, Lessor may proceed as soon as is reasonably practicable, at its sole cost and expense to the extent of Lessor's insurance proceeds available, if any, to repair and restore the Leased Premises to substantially the same condition as that before the damage occurredpremises hereby leased are located; provided, further, the Base Rental due from Lessee hereunder shall be abated during the period of restoration to the extent of the unusable portion of the Leased Premises. In the event Lessor does not complete such repair and restoration within six (6) months from the date of damage destroyed or destructiondamaged by fire, Lessee may terminate this Agreement. In the event the damage or destruction to the Leased Premises through fire earthquake, or other casualty is directly or indirectly attributable to any act of fault or negligence on (even though the part of Lessee, and/or its agents, employees, licensees, or invitees, then (i) such damage or destruction to the Leased Premises, the Building, and/or the Property shall be promptly repaired by Lessee, at its sole cost and expense; (ii) the Base Rental shall not xxxxx during such period of restoration and refurbishment; (iii) Lessee premises hereby leased shall not be entitled damaged thereby) to such an extent that in the opinion of Lessor it shall not be practicable to rebuild or repair, then it shall be optional with the Lessor to terminate this Agreement; and lease by written notice served on Lessee within sixty (iv60) Lessee shall fully reimburse Lessor for all costs and expenses, including responsible attorneys' fees, incurred by Lessor on behalf of Lessee in connection with undertaking the obligations of Lessee hereunderdays after such destruction or damage.

Fire and Other Casualty. In case of partial damage to the event the Leased Premises is partially or totally destroyed or damaged by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss underinsurance policies on the part of Landlord and or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's reasonable control, and to the extent that the Premises are rendered untenantable the rent shall proportionately axxxx from the date of such casualty, Lessor mayprovided the damage above mentioned occurred without the fault or neglect of Tenant, at its optionTenant's servants, terminate this Agreementemployees, and in agents or visitors. If such eventpartial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, clients or service providers, the Base Rental hereunder damage shall be prorated for such month during which Lessor's termination occurs and shall not be due thereafter. In the event the Lessor does not so terminate this Agreement, then, subject to the following provisions of this Section 14, Lessor may proceed as soon as is reasonably practicable, at its sole cost and expense repaired by Landlord to the extent of LessorLandlord's insurance proceeds availablecoverage, if any, to repair and restore the Leased Premises to substantially the same condition as that before the damage occurred; provided, further, the Base Rental due from Lessee hereunder but there shall be abated during the period no apportionment or abatement of restoration to the extent of the unusable portion of the Leased Premises. In the event Lessor does not complete such repair and restoration within six (6) months from the date of damage or destruction, Lessee may terminate this Agreementrent. In the event the damage or destruction shall be so extensive to the Leased Premises through fire whole Building as to render it uneconomical, in Landlord's reasonable opinion, to restore for its present uses and Landlord shall decide not to repair or other casualty is directly or indirectly attributable to any act of fault or negligence on the part of Lessee, and/or its agents, employees, licensees, or invitees, then (i) such damage or destruction to the Leased Premises, rebuild the Building, and/or this Lease, at the Property option of Landlord, shall be promptly repaired terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by Lesseelapse of time and conditional limitation upon the third day after such notice is mailed, at its sole cost and expense; (ii) Tenant shall thereupon vacate the Base Rental Premises and surrender the same to Landlord and such termination shall not xxxxx during such period of restoration and refurbishment; (iii) Lessee shall not be entitled to terminate this Agreement; and (iv) Lessee shall fully reimburse Lessor for all costs and expenses, including responsible attorneys' fees, incurred by Lessor on behalf of Lessee in connection with undertaking the obligations of Lessee hereunderrelease Tenant.

Fire and Other Casualty. In the event the Leased Premises is partially or totally destroyed or damaged by fire or other casualty, Lessor may, at its option, terminate this Agreement, and in such event, the Base Rental hereunder shall be prorated for such month during which Lessor's termination occurs and shall not be due thereafter. In the event the Lessor does not so terminate this Agreement, then, subject to the following provisions of this Section 14, Lessor may proceed as soon as is reasonably practicable, at its sole cost and expense to the extent of Lessor's insurance proceeds available, if any, to repair and restore the Leased Premises to substantially the same condition as that before the damage occurred; provided, further, the Base Rental due from Lessee hereunder shall be abated during the period of restoration to the extent of the unusable portion of the Leased Premises. In the event Lessor does not complete such repair and restoration within six (6) months from the date of damage or destruction, Lessee may terminate this Agreement. In the event the damage or destruction to the Leased Premises through fire or other casualty is directly or indirectly attributable to any act of fault or negligence on the part of Lessee, and/or its agents, employees, licensees, or invitees, then (i) such damage or destruction to the Leased Premises, the Building, and/or the Property shall be promptly repaired by Lessee, at its sole cost and expense; (ii) the Base Rental shall not xxxxx abate during such period of restoration and refurbishment; (iii) Lessee shall Lessxx xxall not be entitled to terminate this Agreement; and (iv) Lessee shall fully reimburse Lessor for all costs and expenses, including responsible attorneys' fees, incurred by Lessor on behalf of Lessee in connection with undertaking the obligations of Lessee hereunder.

Fire and Other Casualty. (a) In the event of total or artial destruction of the Leased Demised Premises is partially or totally destroyed or damaged by fire or other casualtycasualty insured by Landlord, Lessor may, Landlord agrees to promptly restore and repair the Demised Premises at its option, terminate this Agreement, and in such event, the Base Rental hereunder shall be prorated for such month during which LessorLandlord's termination occurs and shall not be due thereafter. In the event the Lessor does not so terminate this Agreement, then, subject to the following provisions of this Section 14, Lessor may proceed as soon as is reasonably practicable, at its sole cost and expense to the extent of Lessor's Landlord receives insurance proceeds available, if any, to repair and restore the Leased Premises to substantially the same condition as that before the damage occurredtherefor; provided, furtherhowever that in the event the Demised Premises are (i) so destroyed that they cannot be repaired or rebuilt within one hundred twenty (120) days after the commencement of such repair or rebuilding; or (ii) destroyed by a casualty which is not covered by Landlord's insurance, or if such casualty is covered by Landlord's insurance but a Landlord's Mortgagee or other party entitled to insurance proceeds fails to make such proceeds available to Landlord in an amount sufficient for restoration of the Base Rental due from Lessee hereunder shall be abated during Demised Premises, then, either Landlord or Tenant may terminate and cancel this Lease effective as of the period of restoration 5th day after such casualty by giving written notice to the extent other party within such days of the unusable portion of the Leased Premises. In the event Lessor does not complete such repair and restoration within six (6) months from the date of damage such casualty. Upon the giving of such notice, all further obligations hereunder shall thereupon cease and terminate. If no such notice is given, Landlord shall make such repair or destruction, Lessee may terminate this Agreementrestoration of the Demised Premises promptly and in such manner as not to unreasonably Interfere with Tenant's use and occupancy of the Demised Premises (if Tenant is still occupying the Demised Premises). In Any proceeds from the event fire and extended coverage Insurance policies not utilized by Landlord in restoring or repairing the damage Demised Premises shall become the sole property of Landlord. Minimum Rent shall proportionately xxxxx during the time that the Demised Premises or destruction to the Leased Premises through fire or other casualty is directly or indirectly attributable to any act part thereof are unusable by reason of fault or negligence on the part of Lessee, and/or its agents, employees, licensees, or invitees, then (i) any such damage or destruction to the Leased Premises, the Building, and/or the Property shall be promptly repaired by Lessee, at its sole cost and expense; (ii) the Base Rental shall not xxxxx during such period of restoration and refurbishment; (iii) Lessee shall not be entitled to terminate this Agreement; and (iv) Lessee shall fully reimburse Lessor for all costs and expenses, including responsible attorneys' fees, incurred by Lessor on behalf of Lessee in connection with undertaking the obligations of Lessee hereunderthereto.

Fire and Other Casualty. In 8.1 (a) Subject to the event provisions of Section 8.1(b), Section 8.2, Section 8.3 and Section 8.4 hereof, if the Leased Building or the Demised Premises is partially or totally destroyed or shall be damaged by fire or other any casualty, Lessor may, at its option, Tenant shall notify Landlord of the same and if an election to terminate this AgreementLease shall not have been made pursuant to this Article 8, Landlord shall repair said damage and in restore and rebuild the Building and/or Demised Premises (excluding Tenant Work and the personal property of Tenant). In such event, the Base Rental Fixed Minimum Rent payable hereunder shall be prorated reduced, until such time as the repair and restoration work is Substantially Completed, Tenant has had an opportunity to Substantially Complete restoration of Tenant's Work, and Tenant is not prevented by the condition of the Demised Premises from occupying the Demised Premises for such month during which Lessor's termination occurs and shall not be due thereafter. In the event the Lessor does not so terminate this Agreementnormal conduct of its business, then, subject to the following provisions of this Section 14, Lessor may proceed as soon as is reasonably practicable, at its sole cost and expense in proportion to the extent that the Demised Premises are rendered unusable for the normal conduct of Lessor's the business then conducted on the Demised Premises, and Landlord shall be entitled to receive the proceeds of rent insurance proceeds available, if any, maintained pursuant to Section 7.1(a)(ii) hereof. Such repair and restore the Leased Premises to substantially the same condition as that before the damage occurred; provided, further, the Base Rental due from Lessee hereunder restoration work shall be abated during the period of restoration to the extent of the unusable diligently commenced and prosecuted by Landlord until full completion thereof. It is acknowledged that a casualty affecting a portion of the Leased PremisesWarehouse (as hereinafter defined) may, as a consequence of Tenant's Specific Use thereof, render the entire Warehouse unusable for the normal conduct of the business conducted therein by Tenant. In The terms of the event Lessor does not complete such repair and restoration within six (6rent insurance maintained pursuant to Section 7.1(a)(ii) months from hereby shall acknowledge the date of damage or destruction, Lessee may terminate this Agreement. In the event the damage or destruction to the Leased Premises through fire or other casualty is directly or indirectly attributable to any act of fault or negligence on the part of Lessee, and/or its agents, employees, licensees, or invitees, then (i) such damage or destruction to the Leased Premises, the Building, and/or the Property shall be promptly repaired by Lessee, at its sole cost and expense; (ii) the Base Rental shall not xxxxx during such period of restoration and refurbishment; (iii) Lessee shall not be entitled to terminate this Agreement; and (iv) Lessee shall fully reimburse Lessor for all costs and expenses, including responsible attorneys' fees, incurred by Lessor on behalf of Lessee in connection with undertaking the obligations of Lessee hereunderforegoing.

Fire and Other Casualty. In the event the Leased Premises is partially or totally destroyed or damaged by fire or other casualty, Lessor may, at its option, terminate this Agreement, and in such event, the Base Rental hereunder shall be prorated for such month during which Lessor's termination occurs and shall not be due thereafter. In the event the Lessor does not so terminate this Agreement, then, subject to the following provisions of this Section 14, Lessor may proceed as soon as is reasonably practicable, at its sole cost and expense to the extent of Lessor's insurance proceeds available, if any, to repair and restore the Leased Premises to substantially the same condition as that before the damage occurred; provided, further, the Base Rental due from Lessee hereunder shall be abated during the period of restoration to the extent of the unusable portion of the Leased Premises. In the event Lessor does not complete such repair and restoration within six (6) months from the date of damage or destruction, Lessee may terminate this Agreement. In the event the damage or destruction to the Leased Premises through fire or other casualty is directly or indirectly attributable to any act of fault or negligence on the part of Lessee, and/or its agents, employees, licensees, or invitees, then (i) such damage or destruction to the Leased Premises, the Building, and/or the Property shall be promptly repaired by Lessee, at its is sole cost and expense; (ii) the Base Rental shall not xxxxx abate during such period of restoration and refurbishment; (iii) Lessee shall Lesxxx xhall not be entitled to terminate this Agreement; and (iv) Lessee shall fully reimburse Lessor for all costs and expenses, including responsible attorneys' fees, incurred by Lessor on behalf of Lessee in connection with undertaking the obligations of Lessee hereunder.

Fire and Other Casualty. In the event of the Leased total or partial destruction of the Premises is partially or totally destroyed or damaged by fire or other casualty, Lessor may, at its option, terminate this Agreement, and in such event, the Base Rental hereunder shall be prorated for such month during which Lessor's termination occurs and shall not be due thereafter. In the event the Lessor does not so terminate this Agreement, then, subject to the following provisions of this Section 14, Lessor may proceed as soon as is reasonably practicable, at its sole cost and expense to the extent of Lessor's insurance proceeds availableproceeds, if any, which as a result of such destruction are payable under the fire and extended coverage insurance to be maintained by Landlord shall be payable to, and be the sole property of, Landlord. Landlord and Tenant shall rebuild, repair and restore the Leased Premises in accordance with the original construction obligations set forth in Article 5 (except that Landlord shall rebuild, repair and restore those parts of Tenant's original construction obligations, alterations, improvements, additions and leasehold improvements covered by the policy of fire and extended coverage insurance to substantially the same condition as that before the damage occurredbe maintained by Landlord); provided, furtherhowever, the Base Rental due from Lessee hereunder shall be abated during the period of restoration to the extent of the unusable portion of the Leased Premises. In that in the event Lessor does (a) the Premises are so destroyed that the Premises cannot complete such repair and restoration be restored within six one hundred eighty (6180) months from days after the date of the damage or destruction, Lessee may terminate this Agreement. In the event (b) the damage or destruction is not covered by the policy of broad form fire and extended coverage insurance to be maintained by Landlord and Landlord does not undertake to restore the Leased Premises through fire or other casualty is directly or indirectly attributable to any act within ninety (90) days after the date of fault or negligence on the part of Lessee, and/or its agents, employees, licensees, or invitees, then (i) such damage or destruction to the Leased Premisesdestruction, the Building, and/or the Property shall be promptly repaired by Lessee, at its sole cost and expense; or (iic) the Base Rental shall insurance proceeds (reduced by any application thereof by Landlord's mortgagee to its mortgage) are insufficient for restoration of the Premises and Landlord does not xxxxx during undertake such period restoration within ninety (90) days after the date of restoration and refurbishment; (iii) Lessee such damage or destruction, then Landlord shall not be entitled obligated to restore the Premises, and either Landlord or Tenant may then terminate and cancel this Agreement; Lease upon thirty (30) days written notice to the other, and (iv) Lessee all obligations hereunder except those then due or mature shall fully reimburse Lessor for all costs thereupon cease and expenses, including responsible attorneys' fees, incurred terminate. Monthly Rent shall proportionately xxxxx during the time that the Premises or any part thereof is unusable by Lessor on behalf reason of Lessee in connection with undertaking the obligations of Lessee hereunderany such damage thereto.