Other Damage. In the event the Premises are damaged as the result of any cause other than the perils covered by Tenant's or Landlord's casualty insurance or for which insurance proceeds are insufficient fully to cover, then Landlord agrees forthwith to commence repair of the same, only in the case that the extent of the destruction of the Premises is less than twenty-five percent (25%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of twenty-five percent (25%) or more of the full replacement cost of the Premises, then Landlord shall have the option (a) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as provided above in Section 13.1; or (b) to give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in the notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction based upon the extent, if any to which such damage unduly interferes with the business carried on by Tenant in the Premises, the Additional Rent and all other obligations of Tenant under this Lease shall be paid up to the date of such termination. At Tenant's sole option, it may, upon notice to Landlord and in accordance with Article 5 of this Lease, effect all necessary repairs and reinstate this Lease. Tenant's obligation to pay the Rent, but not the other obligations hereunder, during any period of repair shall be abated, so long as such period does not exceed one hundred eighty (180) days.
Appears in 1 contract
Sources: Lease Agreement (Mestek Inc)
Other Damage. In the event the Premises are damaged as the result of any cause other than the perils covered by Tenant's or Landlord's casualty insurance or for which insurance proceeds are insufficient fully to cover, then Landlord agrees forthwith to commence repair of the same, only in the case that the extent of the destruction of the Premises is less than twenty-five ten percent (2510%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of twenty-five ten percent (2510%) or more of the full replacement cost of the Premises, then Landlord shall have the option (a) to repair or restore such damage, this Lease continuing in full force and effect, but the Annual Rent to and/or the Adjusted Annual Rent shall be proportionately reduced as provided above in Section 13.1; or (b) to give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in the notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice and the RentAnnual Rent and/or the Adjusted Annual Rent shall be fully abated, reduced by a proportionate reduction based upon the extent, if any to which such damage unduly interferes with the business carried on by Tenant in the Premises, the Additional Rent and all other obligations of Tenant under this Lease shall be paid up to deemed fully performed as of the date of such termination. At Tenant's sole option, it may, upon notice to Landlord and in accordance with Article 5 of this Lease, effect all necessary repairs and reinstate this Lease. Tenant's obligation to pay Annual Rent and/or the RentAdjusted Annual Rent , but not the other obligations hereunder, during any period of repair shall be abated, so long as such period does not exceed one hundred eighty (180) days.
Appears in 1 contract
Sources: Lease Agreement (Mestek Inc)
Other Damage. In the event the Premises are damaged as the result of any cause other than the perils covered by Tenant's or Landlord's casualty insurance or for which insurance proceeds are insufficient fully to cover, then Landlord agrees forthwith to commence repair of the same, only in the case that the extent of the destruction of the Premises is less than twenty-five ten percent (2510%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of twenty-five ten percent (2510%) or more of the full replacement cost of the Premises, then Landlord shall have the option (a) to repair or restore such damage, this Lease continuing in full force and effect, but the Monthly Rent to be proportionately reduced as provided above in Section 13.1; or (b) to give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in the notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice and the RentMonthly Rent shall be fully abated, reduced by a proportionate reduction based upon the extent, if any to which such damage unduly interferes with the business carried on by Tenant in the Premises, the Additional Rent and all other obligations of Tenant under this Lease shall be paid up to deemed performed as of the date of such termination. At Tenant's sole option, it may, upon notice to Landlord and in accordance with Article 5 of this Lease, effect all necessary repairs and reinstate this Lease. Tenant's obligation to pay the Monthly Rent, but not the other obligations hereunder, during any period of repair shall be abated, so long as such period does not exceed one hundred eighty (180) days.
Appears in 1 contract
Sources: Lease Agreement (Mestek Inc)
Other Damage. In the event the Premises are damaged as the result of any cause other than the perils covered by Tenant's or Landlord's ’s casualty insurance or for which insurance proceeds are insufficient fully to cover, then Landlord agrees forthwith to commence repair of the same, only in the case that the extent of the destruction of the Premises is less than twenty-five ten percent (2510%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of twenty-five ten percent (2510%) or more of the full replacement cost of the Premises, then Landlord shall have the option (a) to repair or restore such damage, this Lease continuing in full force and effect, but the Annual Rent to and/or the Adjusted Annual Rent shall be proportionately reduced as provided above in Section 13.1; or (b) to give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in the notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice and the RentAnnual Rent and/or the Adjusted Annual Rent shall be fully abated, reduced by a proportionate reduction based upon the extent, if any to which such damage unduly interferes with the business carried on by Tenant in the Premises, the Additional Rent and all other obligations of Tenant under this Lease shall be paid up to deemed fully performed as of the date of such termination. At Tenant's ’s sole option, it may, upon notice to Landlord and in accordance with Article 5 of this Lease, effect all necessary repairs and reinstate this Lease. Tenant's ’s obligation to pay Annual Rent and/or the Adjusted Annual Rent, but not the other obligations hereunder, during any period of repair shall be abated, so long as such period does not exceed one hundred eighty (180) days.
Appears in 1 contract
Sources: Lease Agreement (Mestek Inc)