Common use of Insured Loss Clause in Contracts

Insured Loss. Subject to Section 18.2 below, if the Leased Premises are damaged by perils covered by Landlord's insurance coverage and the proceeds therefrom are sufficient to cover the cost of repairs and are made available to Landlord for the purpose of repairing such damage, Landlord agrees to forthwith repair the same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Base Rent and Other Charges from the date of damage and while such repairs are in progress, provided said damage did not result from or was contributed to, directly or indirectly, by the act, fault or neglect of Tenant. Such proportionate reduction shall be based upon the extent to which the damage and making of such repairs materially interfere, if at all, with the business carried on by Tenant in the Leased Premises. If such damage resulted from or was contributed to, directly or indirectly, by the act, fault or neglect of Tenant, the Base Rent and Other Charges shall xxxxx only to the extent Landlord receives proceeds from Landlord's rental income insurance policy to compensate Landlord for the loss of such rent and income.

Appears in 2 contracts

Samples: Eddie Bauer Holdings, Inc., Eddie Bauer Holdings, Inc.

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Insured Loss. Subject to Section 18.2 below16.2, if the Leased Premises are damaged by perils covered by Landlord's ’s insurance coverage and the proceeds therefrom are sufficient to cover the cost of repairs and are made available to Landlord for the purpose of repairing such damage, Landlord agrees to forthwith repair the same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Base Rent and Other Charges Additional Rent from the date of damage and while such repairs are in progress, provided said damage did not result from or was contributed to, directly or indirectly, by the act, fault or neglect of Tenant. Such proportionate reduction shall be based upon the extent to which the damage and making of such repairs materially interfere, if at all, with the business carried on by Tenant in the Leased Premises. If such damage resulted from or was contributed to, directly or indirectly, by the act, fault or neglect of Tenant, the Base Rent and Other Charges Additional Rent shall xxxxx only to the extent Landlord receives proceeds from Landlord's ’s rental income insurance policy to compensate Landlord for the loss of such rent and incomerent.

Appears in 2 contracts

Samples: First Lease Addendum (Smartsheet Inc), Office Lease Exhibits (Smartsheet Inc)

Insured Loss. Subject to Section 18.2 below16.2, if the Leased Premises are damaged by perils covered by Landlord's insurance coverage and the proceeds therefrom are sufficient to cover the cost of repairs and are made available to Landlord for the purpose of repairing such damage, Landlord agrees to forthwith repair the same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Base Rent and Other Charges Additional Rent from the date of damage and while such repairs are in progress, provided said damage did not result from or was contributed to, directly or indirectly, by the act, fault or neglect of Tenant. Such proportionate reduction shall be based upon the extent to which the damage and making of such repairs materially interfere, if at all, with the business carried on by Tenant in the Leased Premises. If such damage resulted from or was contributed to, directly or indirectly, by the act, fault or neglect of Tenant, the Base Rent and Other Charges Additional Rent shall xxxxx only to the extent Landlord receives proceeds from Landlord's rental income insurance policy to compensate Landlord for the loss of such rent and incomerent.

Appears in 1 contract

Samples: First Lease Addendum (Smartsheet Inc)

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Insured Loss. Subject to Section 18.2 below16.2, if the Leased Premises are damaged by perils covered by Landlord's ’s insurance coverage and the proceeds therefrom are sufficient to cover the cost of repairs and are made available to Landlord for the purpose of repairing such damage, Landlord agrees to forthwith repair the same, and this Lease shall remain in full force and effect, except Xxxxxxxxxx.xxx NNN Lease 20 that Tenant shall be entitled to a proportionate reduction of the Base Rent and Other Charges Additional Rent from the date of damage and while such repairs are in progress, provided said damage did not result from or was contributed to, directly or indirectly, by the act, fault or neglect of Tenant. Such proportionate reduction shall be based upon the extent to which the damage and making of such repairs materially interfere, if at all, with the business carried on by Tenant in the Leased Premises. If such damage resulted from or was contributed to, directly or indirectly, by the act, fault or neglect of Tenant, the Base Rent and Other Charges Additional Rent shall xxxxx only to the extent Landlord receives proceeds from Landlord's ’s rental income insurance policy to compensate Landlord for the loss of such rent and incomerent.

Appears in 1 contract

Samples: First Lease Addendum (Smartsheet Inc)

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