Common use of FIRE DAMAGE Clause in Contracts

FIRE DAMAGE. 22. If all or part of the leased premises is damaged or destroyed by fire or other casualty, this Lease and all of its terms, covenants and conditions shall, subject to the provisions hereinafter set forth, continue in full force and effect, and Landlord shall promptly repair such damage at Landlord’s sole cost and expense. Notwithstanding the foregoing, if such damage, in whole or in part, results from the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns, Tenant shall be liable for such damages and repairs. In the event that the damage to the leased premises or to the premises of which the leased premises is a part is so extensive as to amount practically to the total destruction of the leased premises or the building, and either Landlord or Tenant may elect to terminate this Lease by giving written termination notice to the other party within sixty days after the occurrence of the destruction., and in such event, this Lease shall cease and the rent shall be apportioned to the time of the destruction, unless such destruction, in whole or in part, was the result of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage to the demised premises, or the building in which it is located, by fire or other casualty if Tenant shall be deemed legally liable in such respect. The provisions of this section shall be considered as the express agreement governing any case of damage or destruction of the premises by fire or other casualty.

FIRE DAMAGE. 22. If all or part of In case the leased premises is Apartment/House shall be partially damaged or destroyed by fire or other casualtycause at any time during the said term, this Lease the premises shall be repaired by Landlord with all reasonable dispatch, and all provided that such damage has not been caused by the acts or omissions to act by Tenant, their guest(s) and invitee(s), a proportional reduction of its termsrent shall be allowed Tenant for the time required by such repairs, covenants except that (i) if Tenant can use and conditions shalloccupy the Apartment/House without substantial inconvenience, subject there shall be no reduction of rent, and (ii) if said repairs are delayed because of the failure of said Tenant to adjust his own insurance (if any), no reduction shall be made beyond a reasonable time allowed for such adjustment. If the damage caused by fire or other cause shall amount substantially to the provisions hereinafter set forth, continue in full force and effect, and Landlord shall promptly repair such damage at Landlord’s sole cost and expense. Notwithstanding the foregoing, if such damage, in whole or in part, results from the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns, Tenant shall be liable for such damages and repairs. In the event that the damage to the leased premises or to the premises of which the leased premises is a part is so extensive as to amount practically to the total destruction of the leased premises Apartment/House or the buildingbuilding containing the Apartment, and either Landlord shall have the option to rebuild and/or repair the damage or to cancel this lease by notice in writing delivered to Tenant may elect to terminate this Lease by giving written termination notice to the other party within sixty thirty (30) days after the occurrence of the destruction., and in such event, this Lease shall cease and the rent shall be apportioned to the time of the destruction, unless such destruction, in whole or in part, was the result of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage to the demised premises, or the building in which it is located, by fire or other casualty if resulting in such damage. If Tenant elects to rent or utilize alternate housing facilities following damage to the leased premises, the Tenant shall be deemed legally liable in responsible for payment for such respectalternate facilities. The provisions residents are solely liable and responsible for all fire and smoke damage and losses, of this section shall be considered as whatsoever kind, to the express agreement governing any case leased premises, the Landlord’s building, the Landlords property, and the property of damage others, which are caused by the negligence, tortuous acts, or destruction other acts of omission of the premises tenant, any member of the tenants household, the tenants guests, or any other person under the tenants control. It is expressly, clearly, and unequivocally agreed by the parties that the Tenant is solely liable to Landlord or Landlord’s insurer or agent for all such fire and smoke damage and losses which are caused by the Tenant, any member of the tenants household, the Tenants guests or other casualtyany person under the Tenants control. It is clearly agreed that the tenant, and not the landlord, is liable for all such fire and smoke damages and losses.

FIRE DAMAGE. 22. If all or part Except as provided below, in case of damage to the leased premises is damaged or destroyed Premises by fire or other insured casualty, this Lease and all of its terms, covenants and conditions shall, subject to the provisions hereinafter set forth, continue in full force and effect, and Landlord shall use its due diligence to repair the damage promptly repair such damage at Landlord’s sole cost and expensefollowing notice thereof. Notwithstanding the foregoing, if such damage(i) the damage is of a nature or extent that, in whole or in part, results Landlord’s reasonable judgment (to be communicated to Tenant within sixty (60) days from the negligencedate of the casualty), malfeasancethe repair and restoration work would require more than two hundred ten (210) consecutive days to complete after the casualty and, assuming normal work crews not engaged in overtime, or nonfeasance (ii) if more than thirty (30%) percent of Tenant the total area of the Building is extensively damaged, either party shall have the right to terminate this Lease and all the unaccrued obligations of the parties hereto, by sending written notice of such termination to the other within ten (10) days of Tenant’s receipt of the notice from Landlord described above. Such notice is to specify a termination date no less than fifteen (15) days after its transmission. If the insurance proceeds received by Landlord as dictated by the terms and conditions of any financing then existing on the Building, (excluding any rent insurance proceeds) would not be sufficient to pay for repairing the damage or its agents, invitees, successorsare required to be applied on account of any mortgage which encumbers any part of the Premises or Building, or assignsif the nature of loss is not covered by Landlord’s fire insurance coverage, Tenant shall be liable for such damages and repairs. In the event that Landlord may elect either to (i) repair the damage to the leased premises as above provided notwithstanding such fact or to the premises of which the leased premises is a part is so extensive as to amount practically to the total destruction of the leased premises or the building, and either Landlord or Tenant may elect to (ii) terminate this Lease by giving written termination Tenant notice to the other party of Landlord’s election within sixty thirty (30) days after the occurrence Landlord’s knowledge of the destruction., damage and in such event, this Lease shall cease and the rent shall be apportioned to the time of the destructionunavailability or insufficiency of insurance proceeds. If the election is to terminate, unless such destruction, in whole or in part, was the result of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace give Tenant at least fifteen (15) days prior notice specifying the sametermination date. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage to In the demised premises, or the building in which it is located, by fire or other casualty if Tenant shall be deemed legally liable in such respect. The provisions of this section shall be considered as the express agreement governing any case event of damage or destruction to the Premises or any part thereof, Tenant’s obligation to pay Fixed Rent and Additional Rent shall be equitably adjusted or abated, provided the deduction or abatement of Rent shall not exceed rent insurance proceeds received by Landlord attributable to the premises by fire or other casualtyPremises for the period during which it was damaged.

FIRE DAMAGE. 22. If all the Premises shall be destroyed or part of the leased premises is damaged or destroyed by ----------- fire or other casualty, covered by standard extended coverage endorsement, Landlord shall (unless this Lease shall be terminated as hereinafter provided) diligently proceed, after adjustment of such loss, to repair or restore the basic building structure and facilities of the Premises, together with all items which Landlord furnished to Tenant upon the commencement of its termsthe term hereof, covenants and conditions shall, subject to the provisions hereinafter set forth, continue condition in full force and effect, and Landlord which they existed immediately prior to such destruction or damage. Of the Premises or any part thereof shall promptly repair such damage at Landlord’s sole cost and expense. Notwithstanding the foregoing, if such be rendered untenantable by any destruction or damage, whether covered by standard extended coverage endorsement or not, a just proportion of the rental based upon the number of square feet of area in whole or in partthe Premises which are untenantable, results from the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns, Tenant shall be liable for abated until the Premises or such damages and repairspart thereof shall have been put in tenantable condition by Landlord. In the event event, however, that the any destruction or damage to the leased premises Premises, or to the premises Building (regardless of which whether or not the leased premises is a part Premises be affected), is so extensive that Landlord, in its sole discretion, shall elect not to repair or restore the Premises or Building, as to amount practically to the total destruction of the leased premises or the buildingcase may be, and either Landlord or Tenant may elect to terminate this Lease (effective as of the date of the destruction or damage) by giving written termination notice to the other party Tenant given within sixty ninety (90) days after the occurrence of the event giving rise to the damage or destruction., and in such event, . In the event that this Lease is terminated, Tenant shall cease not have any claim against Landlord, including for the value of the unexpired term of the Lease or for the expenses of moving to another location. Anything herein to the contrary notwithstanding, if the Premises or the Building is destroyed, or so damaged that in normal course it cannot be repaired and made tenantable within ninety (90) days, or so damaged that Landlord shall decide not to repair or rebuild, either Landlord or Tenant may terminate this lease by giving notice to the other, and the rent shall be apportioned paid to the time or adjusted as of the destruction, unless such destruction, in whole or in part, was the result date of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Leasedamage, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage to the demised premises, or the building in which it is located, by fire or other casualty if Tenant shall be deemed legally liable in such respect. The provisions of this section shall be considered as thereupon vacate the express agreement governing any case of damage or destruction of the premises by fire or other casualtyPremises and surrender them to Landlord.

FIRE DAMAGE. 22. If all or part of the leased demised premises is shall be partially damaged or destroyed by fire or other casualty, this Lease the damages shall, within a reasonable time thereafter be repaired by and all at the expense of its termsLandlord to the extent insurance proceeds are paid to Landlord as a result of such casualty damage. Such repair shall be made promptly except that no penalty shall accrue for reasonable delay on account of "labor or materials difficulties" or any other cause beyond Landlord's control. If the demised premises are totally damaged or are rendered wholly untenantable by fire or other casualty, covenants and conditions the rent due under Section 3 hereof shall xxxxx until restoration or rebuilding. Landlord shall, subject to the provisions hereinafter set forthterms hereof, continue in full force within a reasonable time restore or rebuild same to its condition existing prior to the casualty; provided, however, that Landlord's obligation to repair and effect, restore the premises shall be limited to the insurance proceeds made available to Landlord as a result of such casualty and Landlord shall promptly repair such damage at Landlord’s sole cost and expense. Notwithstanding the foregoing, if such damage, in whole or in part, results from the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns, Tenant shall be liable pay for any amounts incurred by Landlord in excess of such damages and repairs. In the event insurance proceeds; provided further, however, that the damage to the leased premises or to the premises of which the leased premises is a part is so extensive as to amount practically to the total destruction of the leased premises or the building, and either Landlord or Tenant may elect to terminate this Lease by giving written termination notice to the other party within sixty days after the occurrence of the destruction., and in such event, this Lease shall cease and the rent shall be apportioned to the time of the destruction, unless such destruction, in whole or in part, was the result of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage to if the demised premises, premised are totally damaged or the building in which it is located, by fire or other casualty if Tenant shall be deemed legally liable in such respect. The provisions of this section shall be considered as the express agreement governing any case of damage or destruction of the premises rendered wholly untenantable by fire or other casualty, then Landlord shall have the right and option to terminate this Lease within thirty (30) days of the date of such casualty by giving written notice to the Tenant, and any rents paid pursuant to Section 3 hereof or other payments which may be due Landlord under this Lease shall be prorated as of the effective date of such termination and any advance payments on account of such rents received by Landlord from Tenant shall be proportionately refunded to Tenant.

FIRE DAMAGE. 22Seller and Purchaser acknowledge that a portion of the Property (the “Damaged Property”) was damaged by a fire prior to the Effective Date. Seller agrees that prior to the Closing Seller shall use reasonable efforts to commence making Repairs to the Damaged Property (the “Repair Work”) in order to restore the Damaged Property to substantially the same condition it was in prior to the fire. Seller shall be entitled to receive and apply all available insurance proceeds to the portions of the Repair Work completed or installed prior to Closing. If all or part for any reason the Repair Work is not completed prior to the Closing, then (i) the Closing shall occur in accordance with the terms of the leased premises is damaged or destroyed by fire or other casualtyContract for the full Purchase Price, this Lease and all of its terms(ii) Purchaser, covenants and conditions shall, subject to the provisions hereinafter set forth, continue in full force and effect, and Landlord shall promptly repair such damage at LandlordPurchaser’s sole cost and expense, shall be responsible for completion of the Repair Work from and after Closing, (iii) at Closing Seller shall (x) to the extent not spent by Seller for the Repair Work, provide Purchaser with a credit against the Purchase Price equal to the sum of (a) the deductible amount applicable under Seller’s property insurance policy and (b) any property insurance proceeds collected by Seller related to the Damaged Property (other than insurance proceeds received by Seller for rental loss or business interruption insurance (which Seller shall retain the full benefit of)) and (y) assign to Purchaser, by way of the Insurance Assignment, all of Seller’s right, title and interest in and to all outstanding claims for insurance proceeds related to the Damaged Property (other than any outstanding claims for rental loss or business interruption insurance (which Seller shall retain the right to recover same)), less any amounts which may already have been spent by Seller for the Repair Work; provided, however, Seller and Purchaser hereby agree that the maximum claim that may be made in the aggregate by Seller or Purchaser for insurance proceeds relating to the Damaged Property (excluding any claim for rental loss or business interruption insurance) shall not exceed $1,169,598, (iv) in lieu of assigning any outstanding claims from rental loss or business interruption insurance, at Closing Seller shall provide Purchaser with a credit against the Purchaser Price equal to the product of (A) the number of months (or portion thereof) between the Closing Date through October 31, 2010 and (B) $9,031.13, and (v) at Closing, by way of the General Assignment, Seller shall assign, and Purchaser shall assume, all construction and other contracts entered into by Seller in connection with the Repair Work (collectively, the “Repair Work Contracts”). Notwithstanding The general contract entered into by Seller in connection with the foregoingRepair Work shall provide that if the Repair Work is not completed by October 31, 2010, then the general contractor shall pay a penalty equal to the product of (1) the number of days between October 31, 2010 and the actual completion date of the Repair Work and (2) $150. Seller shall provide such necessary lien waivers and indemnities to the Title Insurer in order to remove any mechanic’s lien exception as a result of the Repair Work performed prior to the Closing which remains unpaid as of the Closing Date, provided, however, if any portion of the Repair Work has been completed prior to the Closing, but the date of the application for payment from the general contractor or construction manager, as the case may be, relating to the payment of a portion of the Repair Work is not scheduled to occur until after the Closing Date, then Purchaser shall be required to pay for such Repair Work to the extent Purchaser receives the insurance proceeds (or, if such damageinsurance proceeds are collected by Seller, in whole or in part, results from then a credit against the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns, Tenant shall be liable for such damages and repairs. In the event that the damage to the leased premises or to the premises of which the leased premises is a part is so extensive as to amount practically to the total destruction of the leased premises or the building, and either Landlord or Tenant may elect to terminate this Lease by giving written termination notice to the other party within sixty days after the occurrence of the destruction., and in such event, this Lease shall cease and the rent shall be apportioned to the time of the destruction, unless such destruction, in whole or in part, was the result of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%Purchase Price) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage such portion of the Repair Work. To the extent in Seller’s possession or control, Seller shall deliver to Purchaser copies of the Repair Work Contracts, inspection reports, insurance adjustor’s reports, applications for payment, lien waivers, permits and such other documents, materials and information that Seller reasonably determines are not confidential, proprietary or immaterial relating to the demised premisesRepair Work. Subject to Section 3.3 hereof, or the building in which it is located, by fire or other casualty if Tenant Purchaser shall be deemed legally liable in such respect. The provisions of this section shall be considered as permitted to access the express agreement governing any case of damage or destruction Property to inspect the progress of the premises by fire or other casualtyRepair Work.

FIRE DAMAGE. 22. If all or part of In case the leased premises is Apartment/House shall be partially damaged or destroyed by fire or other casualtycause at any time during the said term, this Lease the premises shall be repaired by Landlord with all reasonable dispatch, and all provided that such damage has not been caused by the acts or omissions to act by Xxxxxx, their guest(s) and invitee(s), a proportional reduction of its termsrent shall be allowed Tenant for the time required by such repairs, covenants except that (i) if Tenant can use and conditions shalloccupy the Apartment/House without substantial inconvenience, subject there shall be no reduction of rent, and (ii) if said repairs are delayed because of the failure of said Tenant to adjust his own insurance (if any), no reduction shall be made beyond a reasonable time allowed for such adjustment. If the damage caused by fire or other cause shall amount substantially to the provisions hereinafter set forth, continue in full force and effect, and Landlord shall promptly repair such damage at Landlord’s sole cost and expense. Notwithstanding the foregoing, if such damage, in whole or in part, results from the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns, Tenant shall be liable for such damages and repairs. In the event that the damage to the leased premises or to the premises of which the leased premises is a part is so extensive as to amount practically to the total destruction of the leased premises Apartment/House or the buildingbuilding containing the Apartment, and either Landlord shall have the option to rebuild and/or repair the damage or to cancel this lease by notice in writing delivered to Tenant may elect to terminate this Lease by giving written termination notice to the other party within sixty thirty (30) days after the occurrence of the destruction., and in such event, this Lease shall cease and the rent shall be apportioned to the time of the destruction, unless such destruction, in whole or in part, was the result of the negligence, malfeasance, or nonfeasance of Tenant or its agents, invitees, successors, or assigns. For the purpose of this paragraph, damage to fifty (50%) percent or more of the rentable area of the leased premises or the building (notwithstanding that the leased premises may not be damaged) shall be deemed total destruction of the premises. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's inventory, furniture and furnishings or any trade fixture, equipment, improvements, or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurer in connection with any damage to the demised premises, or the building in which it is located, by fire or other casualty if resulting in such damage. If Tenant elects to rent or utilize alternate housing facilities following damage to the leased premises, the Tenant shall be deemed legally liable in responsible for payment for such respectalternate facilities. The provisions residents are solely liable and responsible for all fire and smoke damage and losses, of this section shall be considered as whatsoever kind, to the express agreement governing any case leased premises, the Landlord’s building, the Landlords property, and the property of damage others, which are caused by the negligence, tortuous acts, or destruction other acts of omission of the premises tenant, any member of the tenants household, the tenants guests, or any other person under the tenants control. It is expressly, clearly, and unequivocally agreed by the parties that the Tenant is solely liable to Landlord or Landlord’s insurer or agent for all such fire and smoke damage and losses which are caused by the Tenant, any member of the tenants household, the Tenants guests or other casualtyany person under the Tenants control. It is clearly agreed that the tenant, and not the landlord, is liable for all such fire and smoke damages and losses.