Common use of Fire or Other Casualty Damage Clause in Contracts

Fire or Other Casualty Damage. If any portion of the Premises shall be destroyed or damaged by fire or any other casualty, Tenant shall immediately give notice thereof to Landlord. If any portion of the Premises or Project shall be destroyed or damaged by fire or any other casualty then, at the option of Landlord, Landlord may restore and repair the portion of the Premises or Project damaged and, if the Premises are rendered untenantable in whole or in part by reason of such casualty as determined by Landlord in its commercially reasonable judgment, Tenant shall be entitled to an equitable abatement of the Rent hereunder (subject to the limitation in SECTION 7.3(b) below) until such time as the damaged portion of the Premises (exclusive of any of Tenant's Property or Tenant's improvements) are repaired or restored by Landlord to the extent required hereby or Landlord may terminate this Lease whereupon all Rent accrued up to the time of such damage or destruction and any other sums due and owing shall be paid by Tenant to Landlord (less any sums then due and owing Tenant by Landlord) and any remaining sums due and owing by Landlord to Tenant shall be paid to Tenant. In no event shall Landlord have any obligation to repair or restore any such destruction or damage.

Appears in 2 contracts

Samples: Lease Agreement (Texas Roadhouse, Inc.), Lease Agreement (Texas Roadhouse, Inc.)

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Fire or Other Casualty Damage. If any portion of the Premises shall be destroyed or damaged by fire or any other casualty, Tenant shall immediately give notice thereof to Landlord. If any portion of the Premises or Project shall be destroyed or damaged by fire or any other casualty then, at the option of Landlord, Landlord may restore and repair the portion of the Premises or Project damaged and, if the Premises are rendered untenantable in whole or in part by reason of such casualty as determined by Landlord in its commercially reasonable judgment, Tenant shall be entitled to an equitable abatement of the Rent hereunder (subject to the limitation in SECTION Section 7.3(b) below) until such time as the damaged portion of the Premises (exclusive of any of Tenant's ’s Property or Tenant's ’s improvements) are repaired or restored by Landlord to the The extent required hereby or Landlord may terminate this Lease whereupon all Rent accrued up to the time of such damage or destruction and any other sums due and owing shall be paid by Tenant to Landlord (less any sums then due and owing Tenant by Landlord) and any remaining sums due and owing by Landlord to Tenant shall be paid to Tenant. Tenant In no event shall Landlord have any obligation to repair or restore any such destruction or damage.

Appears in 1 contract

Samples: Lease Agreement (Texas Roadhouse, Inc.)

Fire or Other Casualty Damage. If any portion of the Premises shall be destroyed or damaged by fire or any other casualty, Tenant shall immediately promptly give notice thereof to Landlord. If any material portion of the Premises or Project shall be destroyed or damaged by fire or any other casualty then, at the option of Landlord, Landlord may restore and repair the portion of the Premises or Project damaged and, if the Premises are rendered untenantable in whole or in part by reason of such casualty as determined by Landlord in its commercially reasonable judgmentLandlord, Tenant shall be entitled to an equitable abatement of the Rent hereunder (subject to the limitation in SECTION Section 7.3(b) below) until such time as the damaged portion of the Premises (exclusive of any of Tenant's Property ’s property or Tenant's ’s improvements) are repaired or restored by Landlord to the extent required hereby or Landlord may terminate this Lease upon sixty (60) days’ prior written notice to Tenant whereupon all Rent accrued up to the time of such damage or destruction termination and any other sums due and owing shall be paid by Tenant to Landlord (less any sums then due and owing Tenant by Landlord) and any remaining sums due and owing by Landlord to Tenant shall be paid to Tenant. In no event shall Landlord have any obligation to repair or restore any such destruction or damage.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Texas Roadhouse, Inc.)

Fire or Other Casualty Damage. (a) If any portion of the Premises shall be destroyed or damaged by fire or any other casualty, Tenant shall immediately give notice thereof to Landlord. If any portion of the Premises or Project shall be destroyed or damaged by fire or any other casualty then, at the reasonable option of Landlord, Landlord may restore and repair the portion of the Premises or Project damaged and, if the Premises are rendered untenantable in whole or in part by reason of such casualty as determined by Landlord in its commercially reasonable judgmentLandlord, Tenant shall be entitled to an equitable abatement of the Rent hereunder (subject to the limitation in SECTION 7.3(bSection 7.3(c) below) until such time as the damaged portion of the Premises (exclusive of any of Tenant's Property or Tenant's improvementspersonal property) are repaired or restored by Landlord to the extent required hereby or Landlord may terminate this Lease whereupon all Rent accrued up to the time of such damage or destruction casualty and any other sums due and owing shall be paid by Tenant to Landlord (less any sums then due and owing Tenant by Landlord) and any remaining sums due and owing by Landlord to Tenant shall be paid to Tenant. In no event If not practical or if not consistent with Landlord's current or projected return of equity, Landlord shall Landlord not have any obligation to repair or restore any such destruction or damage.

Appears in 1 contract

Samples: Lease Agreement (Naviant Inc)

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Fire or Other Casualty Damage. If any portion of the Premises shall be destroyed or damaged by fire or any other casualty, Tenant shall immediately give notice thereof to Landlord. If any portion of the Premises or Project shall be destroyed or damaged by fire or any other casualty then, at the option of Landlord, Landlord may restore and repair the portion of the Premises or Project damaged and, if the Premises are rendered untenantable in whole or in part by reason of such casualty as determined by Landlord in its commercially reasonable judgment, Tenant shall be entitled to an equitable abatement of the Rent hereunder (subject to the limitation in SECTION Section 7.3(b) below) until such time as the damaged portion of the Premises (exclusive of any of Tenant's ’s Property or Tenant's ’s improvements) are repaired or restored by Landlord to the The extent required hereby or Landlord may terminate this Lease whereupon all Rent accrued up to the time of such damage or destruction and any other sums due and owing shall be paid by Tenant to Landlord (less any sums then due and owing Tenant by Landlord) and any remaining sums due and owing by Landlord to Tenant shall be paid to Tenant. In no event shall Landlord have any obligation to repair or restore any such destruction or damage.

Appears in 1 contract

Samples: Lease Agreement (Texas Roadhouse, Inc.)

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