IMPAIRMENT OF USE Sample Clauses

IMPAIRMENT OF USE. If the premises shall become untenantable or unfit for occupancy, in whole or in part, by the total or partial destruction of the building by fire or other casualty, this Agreement may, at the option of the Lessor, cease and terminate and Lessee shall have no claim against Lessor for the value of any unexplored term of said Agreement. If Lessor shall elect to restore the premises, rent shall be abated for each period of restoration in accordance with the ratio of the portion of the premises deemed untenantable to the entire premises.
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IMPAIRMENT OF USE. In the event the Premises shall be untenantable or unfit for occupancy in whole or in part by the total or partial destruc tion of the Building by fire or other casualty, and the Lessor shall fail or refuse within thirty (30) days thereafter to agree in writing to restore the same within ninety (90) days, this Lease may be terminated by either Lessor or Lessee by notice in writing; in the event this Lease shall be terminated by either party hereto for said reason, Lessee's obligations to pay rent shall be deemed to have ceased as of the date the Premises were rendered untenantable or unfit for occupancy; and in the event the Lessor shall agree in writing to restore the Premises within said time, or Lessee continues to occupy the Premises in whole or in part, the rent to be paid hereunder shall be reduced pending such restoration, and shall be abated in an amount equal to the percentage of space loss suffered by Lessee by virtue of the impairment of said Premises. The extent of abatement of rent due or percentage thereof shall be determined by the actual space used, or local building occupancy officials.
Sample 1
IMPAIRMENT OF USE. Notwithstanding any provision contained in this Lease to the contrary, if any essential utilities or services Landlord provides to Tenant under the Lease are interrupted, and such interruption is within the reasonable control of Landlord, and such interruption continues for seven (7) consecutive business days after written notice of such interruption is given by Tenant to Landlord, and provided that such interruption is not the result of an act or omission of Tenant, its agents, contractors or employees or the act or omission of any public or private utility company, and if Tenant is unable (based upon reasonable commercial standards) to operate its business in the Premises, or any portion thereof, as a result of such interruption, then Tenant shall be entitled to an abatement of its obligations to make payments of Rent commencing on the eighth (8th) business day after such interruption and continuing until such time as the interruption ceases. Such abatement shall be in proportion to the amount of the Premises that are unusable by Tenant after such eighth (8th) business day. If such interruption within the reasonable control of Landlord shall continue for one hundred twenty (120) consecutive days and shall render unusable at least 50% of the Premises, Tenant may elect to terminate this Lease upon ten (10) days notice to Landlord; provided, however, that the election to termination shall be of no force and effect if prior to the expiration of said ten (10) day period the cause of such interruption shall have been removed by Landlord. TENANT: MATRIA HEALTHCARE, INC., a Delaware Corporation Date: 11/12/03 By: /s/ Xxxxxx X. Xxxxx Title Chairman and CEO Attest: Date: 11/12/03 By: /s/ Xxxxxxx X. XxXxx Xxxxxxx X. XxXxx Title VP, Legal Counsel LANDLORD: ATLANTA PARKWAY INVESTMENT GROUP, INC., a Delaware Corporation Date: 12/11/03 By: /s/ Xxxx X. Xxxxxxx
Sample 1
IMPAIRMENT OF USE. If the premises shall become untenantable or unfit for occupancy, in whole or in part, by the total or partial destruction of the building by fire or other casualty, this Agreement may, at the option of the LESSOR, cease and terminate and LESSEE shall have no claim against LESSOR for the value of any unexpired term of said agreement. If LESSOR shall elect to restore the premises, rent shall be abated for such period of restoration in accordance with the ratio of the portion of the premises deemed untenantable to the entire premise. If the loss is covered by insurance, and if the proceeds thereof are sufficient to rebuild or repair the improvement without the need for any additional contribution of funds by the LESSOR, the LESSOR shall at the option of the LESSEE rebuild or repair the premises to the condition existing prior to the loss. If LESSEE selects this option, the Lease shall remain in full force and effect.
Sample 1
IMPAIRMENT OF USE. In the event the demised premises shall be untenable or unfit for occupancy, in whole or in part by the total or partial destruction of the building by fire or other casualty, this Lease may, at the option of the Owner/Landlord, cease and terminate. Tenant shall have no claim against Owner/Landlord for the value of any unexpired term of said lease or for any damages. SEE ADDENDUM
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IMPAIRMENT OF USE. A. In the event of any damage to the Recreation Facility during the term of this Agreement by fire or other casualty, District and City agree that the Recreation Facility shall be repaired and restored with reasonable dispatch. District’s obligation for the cost repairs under this paragraph shall be limited to the amount of insurance proceeds available to District allocated to the damage to the Recreation Facility. In the event of damage to the Recreation Facility due to fire or other casualty, District shall not be responsible for requiring or restoring any improvements, personal property or machinery of City.
Sample 1
IMPAIRMENT OF USE. If the Premises shall become untenantable or unfit for occupancy, in whole or in part, by the total or partial destruction of the building by fire or other casualty, this agreement may, at the option of the Lessor, cease and terminate and Sublessee shall have no claim against Lessor for the value of any unexpired term of said agreement. If Lessor shall elect to restore the Premises, rent shall be abated for each period of restoration in accordance with the ratio of the portion of the Premises deemed untenantable to the entire Premises.
Sample 1
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IMPAIRMENT OF USE. In the event of damage to the Premises during the term hereof by fire, the elements or other casualty, Landlord shall restore the Premises, at its cost, with reasonable dispatch unless Landlord shall, within sixty (60) days of the date of the occurrence of such fire or casualty, elect not to rebuild. In the event Landlord elects not to rebuild as above set forth, then this Lease shall cease and terminate as of the date of such damage and destruction, any rental prepaid for the period after such date shall be refunded to Tenant, and Tenant shall have no claim against Landlord for the value of any unexpired Term of this Lease. During any such restoration, to the extent the Premises shall be untenantable or it shall be impracticable to conduct business therein, the rent shall xxxxx proportionately. In the event of such damage to the Premises, Landlord shall not be responsible for repairing or restoring leasehold improvements, personal property, machinery or equipment of Tenant.
Sample 1
IMPAIRMENT OF USE. In the event of damage to the Premises during the term hereof by fire, the elements or other casualty, Landlord shall restore the Premises, at its cost, to the condition that the Premises were in on the commencement date of this Lease, and with reasonable dispatch unless Landlord shall, within sixty (60) days of the date of the occurrence of such fire or other casualty, elect not to rebuild. Tenant shall be solely responsible for repair and replacement of its personal property, equipment and trade fixtures. In the event Landlord elects not to rebuild as above set forth, then this Lease shall cease and terminate as of the date of such damage and destruction, any rental prepaid for the period after such date shall be refunded to Tenant, and Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. During any such restoration, to the extent the Premises shall be untenantable or it shall be impracticable to conduct business therein, the rent shall xxxxx proportionately. If the Premises are to be repaired under this paragraph, Landlord shall repair at its cost, any injury or damage to the Building and building standard work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement for any other leasehold improvements and Tenant’s inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or project as a result of any damage from fire or other casualties
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Related to IMPAIRMENT OF USE

  • Impairment of Rights The Trust shall not take any action, or fail to take any action, if such action or failure to take action may interfere with the enforcement of any rights under the Transaction Documents that are material to the rights, benefits or obligations of the Indenture Trustee, the Noteholders or Financial Security.

  • Non-Impairment The failure to endorse a Guarantee on any Note shall not affect or impair the validity thereof.

  • Impairment of Collateral Not use any material portion of the Collateral, or permit the same to be used, for any unlawful purpose, in any manner that is reasonably likely to materially adversely impair the value or usefulness of the Collateral, or in any manner inconsistent with the provisions or requirements of any policy of insurance thereon nor affix or install any accessories, equipment, or device on the Collateral or on any component thereof if such addition will materially impair the original intended function or use of the Collateral or such component.

  • Impairment The Master Servicer shall not impair the rights of the Noteholders and Certificateholders in the Contracts.

  • Impairment of Service The characteristics and methods of operation of any circuits, facilities or equipment of either Party connected with the services, facilities or equipment of the other Party pursuant to this Agreement shall not interfere with or impair service over any facilities of the other Party, its affiliated companies, or its connecting and concurring carriers involved in its services, cause damage to its plant, violate any applicable law or regulation regarding the invasion of privacy of any communications carried over the Party's facilities or create hazards to the employees of either Party or to the public (each hereinafter referred to as an "Impairment of Service").

  • No Impairment of Rights The Company will not, by amendment of its Charter or through any other means, avoid or seek to avoid the observance or performance of any of the terms of this Warrant, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder of this Warrant against impairment.

  • Rights of Use of the results and of pre-existing rights by the NA and the Union The beneficiaries grant the NA and the Union the following rights to use the results of the project:

  • Impairments It is the intention of the First Lien Secured Parties of each Series that the holders of First Lien Obligations of such Series (and not the First Lien Secured Parties of any other Series) bear the risk of (i) any determination by a court of competent jurisdiction that (x) any of the First Lien Obligations of such Series are unenforceable under applicable law or are subordinated to any other obligations (other than another Series of First Lien Obligations), (y) any of the First Lien Obligations of such Series do not have an enforceable security interest in any of the Collateral securing any other Series of First Lien Obligations and/or (z) any intervening security interest exists securing any other obligations (other than another Series of First Lien Obligations) on a basis ranking prior to the security interest of such Series of First Lien Obligations but junior to the security interest of any other Series of First Lien Obligations or (ii) the existence of any Collateral for any other Series of First Lien Obligations that is not Shared Collateral (any such condition referred to in the foregoing clauses (i) or (ii) with respect to any Series of First Lien Obligations, an “Impairment” of such Series); provided that the existence of a maximum claim with respect to Mortgaged Properties (as defined in the Credit Agreement) which applies to all First Lien Obligations shall not be deemed to be an Impairment of any Series of First Lien Obligations. In the event of any Impairment with respect to any Series of First Lien Obligations, the results of such Impairment shall be borne solely by the holders of such Series of First Lien Obligations, and the rights of the holders of such Series of First Lien Obligations (including, without limitation, the right to receive distributions in respect of such Series of First Lien Obligations pursuant to Section 2.01) set forth herein shall be modified to the extent necessary so that the effects of such Impairment are borne solely by the holders of the Series of such First Lien Obligations subject to such Impairment. Additionally, in the event the First Lien Obligations of any Series are modified pursuant to applicable law (including, without limitation, pursuant to Section 1129 of the Bankruptcy Code), any reference to such First Lien Obligations or the First Lien Documents governing such First Lien Obligations shall refer to such obligations or such documents as so modified.

  • No Impairment The Company will not, by amendment of its Charter or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in taking of all such action as may be necessary or appropriate in order to protect the rights of the Warrantholder.

  • PRIORITY OF USE Any schedule or milestone in this Agreement is estimated based upon the Parties' current understanding of the projected availability of NASA goods, services, facilities, or equipment. In the event that NASA's projected availability changes, Partner shall be given reasonable notice of that change, so that the schedule and milestones may be adjusted accordingly. The Parties agree that NASA's use of the goods, services, facilities, or equipment shall have priority over the use planned in this Agreement. Should a conflict arise, NASA in its sole discretion shall determine whether to exercise that priority. Likewise, should a conflict arise as between two or more non-NASA Partners, NASA, in its sole discretion, shall determine the priority as between those Partners. This Agreement does not obligate NASA to seek alternative government property or services under the jurisdiction of NASA at other locations.

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