LOSS BY CASUALTY. If the Building is damaged or destroyed by fire or other casualty and the estimated time for restoration and repair exceeds one hundred eighty (180) days, the Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within sixty (60) days after such damage or destruction. If a portion of the Premises is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease Agreement, the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall xxxxx during such period of time as the Premises are untenantable or unsuitable for Tenant’s use (so long as Tenant is not actually occupying the Premises or the portion thereof that has been rendered untenantable or unsuitable), in the proportion that the untenantable or unsuitable portion of the Premises bears to the entire Premises. Any other provision in this Lease to the contrary notwithstanding, if the Premises, access to the Premises and/or any part of the Building that provides essential services to the Premises is damaged in whole or in part from any cause and it is estimated that the time period to repair and restore the damage will be 180 days or more from the date of the damage using standard working methods and procedures, then Tenant shall have the right to terminate this Lease by delivering written notice to that effect to Landlord within sixty (60) days after the date of the damage. Similarly, if any damage to the Premises, access to the Premises and/or any part of the Building that provides essential services to the Premises is damaged in whole or in part from any cause and such damage is not in fact fully repaired and restored within 180 days from the date of the damage (irrespective of any estimated time for completion of the repair and restoration, but notwithstanding any delays caused by force majeure, provided that Tenant has received prompt notice of any force majeure), then Tenant shall have the right to terminate this Lease by delivery of written notice to that effect to Landlord within thirty (30) days after said one hundred eighty (180) day period has lapsed.
LOSS BY CASUALTY. If the Building is damaged or destroyed by fire or other casualty, the Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within ninety (90) days after such damage or destruction. If a portion of the Premises is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease Agreement, the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall axxxx during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises.
LOSS BY CASUALTY. If the Premises or Building are damaged or destroyed by fire or other casualty rendering the Premises wholly untenantable, Landlord or Tenant will have the right to terminate this Lease, provided written notice thereof is given to the other within sixty (60) days after such damage or destruction and the Rent shall be abated for the unexpired portion of the Term of the Lease from the date of such damage or destruction. If a portion of the Premises is damaged and Tenant reasonably determines that it will take more than sixty (60) days to restore the Premises, Tenant may terminate the Lease upon giving Landlord written notice within thirty (30) days after the occurrence of such damage. If all or a portion of the Premises is damaged by fire or other casualty, and neither party elects to terminate this Lease, Landlord shall, at its expense, proceed with reasonable diligence to restore the Premises to as near the condition which existed immediately prior to such damage or destruction as reasonably possible and the Rent shall axxxx during such period of time as the Premises are untenantable. Should only a portion of the Premises be untenantable and Tenant continues to occupy and conduct business in the Premises in part, Tenant will be entitled to a partial abatement of Rent in an amount determined based upon the proportion that the untenantable portion of the Premises bears to the entire Premises. Landlord will have no obligation to repair or replace fixtures or personal property owned by Tenant.
LOSS BY CASUALTY. If the Building is damaged or destroyed by fire or other casualty, Landlord shall have the right to terminate this Lease, provided it gives written notice thereof to Tenant within ninety (90) days after such damage or destruction, and the rent shall be abated for the unexpired portion of the Term effective as of the date of such damage or destruction. If a portion of the Leased Premises is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease, Landlord shall, at its expense, proceed with reasonable diligence to restore the Leased Premises to as near the condition in which they existed immediately prior to such damage or destruction, as is reasonably possible, and the rentals shall abate during such period of time as txx Xxased Premises bears to the entire Leased Premises.
LOSS BY CASUALTY. If the Building is damaged or destroyed by fire or other casualty Landlord shall deliver a written notice to Tenant detailing the time estimated by Lxxxxxxx’s architect or general contractor to restore such damage. If it will take more than one hundred eighty (180) days to restore such damage, either Landlord or Tenant shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the other within thirty (30) days after Landlord delivers the notice detailing the restoration period. If a portion of the Building is damaged by fire or other casualty, and neither Landlord nor Tenant elects to terminate this Lease Agreement, the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall axxxx during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises.
LOSS BY CASUALTY. If more than thirty-three (33%) percent of the Facility or more than twenty-five (25%) percent of the Clubhouse is damaged or destroyed by fire or other casualty, the City shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to Tenant within ninety (90) days after such damage or destruction. If a portion of the Premises is damaged by fire or other casualty, and City does not elect to terminate this Lease Agreement, the City shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall xxxxx during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises.
LOSS BY CASUALTY. If the Leased Premises are damaged by fire or other casualty, Landlord shall give Tenant a certification made by a competent architect, in good standing, as to the number of days from the occurrence of such casualty within which the Leased Premises, with the exercise of reasonable diligence, can be made fit for occupancy (the “Repair Period”), and the election, if any, which Landlord has made according to this Section. Such notice will be given before the thirtieth (30th) calendar day after such casualty, and the date of such notice shall be referred to herein as the “Notice Date.” If there is damage to the Leased Premises as described in this Section 11, and if the Lease is not terminated as provided in this Section, then this Lease shall remain in full force and effect, and the parties waive any provisions of any law to the contrary.
LOSS BY CASUALTY. If the Premises are damaged or destroyed by fire or other casualty, Landlord or Tenant will have the right to terminate this Lease, provided written notice thereof is given to the other within sixty (60) days after such damage or destruction and the Rent shall be abated for the unexpired portion of the term of the Lease from the date of such damage or destruction. If all or a portion of the Premises is damaged by fire or other casualty, and neither party elects to terminate this Lease, Landlord shall, at its expense, proceed with reasonable diligence to restore the Premises to as near the condition which existed immediately prior to such damage or destruction as reasonably possible and the Rent shall axxxx during such period of time as the Premises are untenantable. Should only a portion of the Premises be untenantable, Tenant will be entitled to a partial abatement of Rent in an amount determined based upon the proportion that the untenantable portion of the Premises bears to the entire Premises. Landlord will have no obligation to repair or replace fixtures or personal property owned by Tenant.
LOSS BY CASUALTY. 8- ARTICLE 17 - WAIVER OF SUBROGATION . . . . . . . . . . . . . . . . . . -8- ARTICLE 18 - EMINENT DOMAIN. . . . . . . . . . . . . . . . . . . . . . -8- ARTICLE 19 - SURRENDER . . . . . . . . . . . . . . . . . . . . . . . . -9- ARTICLE 20 - NON-PAYMENT OF RENT, DEFAULTS . . . . . . . . . . . . . . -9- ARTICLE 21 - LANDLORD'S DEFAULT. . . . . . . . . . . . . . . . . . . . -10- ARTICLE 22 - HOLDING OVER. . . . . . . . . . . . . . . . . . . . . . . -11- ARTICLE 23 - SUBORDINATION . . . . . . . . . . . . . . . . . . . . . . -11- ARTICLE 24 - INDEMNITY, INSURANCE AND SECURITY . . . . . . . . . . . . -11- ARTICLE 25 - NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . -12- ARTICLE 26 - APPLICABLE LAW. . . . . . . . . . . . . . . . . . . . . . -12-
LOSS BY CASUALTY. CONDEMNATION ------------------------------ 13.1
