Common use of Partial Destruction Clause in Contracts

Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the leased premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 3 contracts

Samples: Lease Agreement (Learningstar Inc), Lease Agreement (Styrochem International LTD), Lease Agreement (Industrial Data Systems Corp)

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Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the leased premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 2 contracts

Samples: Office Lease (Ptek Holdings Inc), Lease Agreement (Vialog Corp)

Partial Destruction. If the leased premises Leased Premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within (90) ninety working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior were delivered to the damageLessee at the commencement date of the Lease. If the leased premises Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or the gross negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the leased premises Leased Premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstancesabated during that period. In the event that Lessor fails to complete the necessary repairs or rebuilding within (90) ninety working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and future obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Agreement (Equity Inns Inc)

Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety sixty working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the leased premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety sixty working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Sublease Agreement (Interactive Entertainment LTD)

Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises are to be rebuilt or repaired and are untenantable untenatable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the leased premises are untenantable untenable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease to exist. The Lessee shall be entitled to rebuild or repair such damages if the Lessor fails to do so and to claim all reasonable costs from the Lessor.

Appears in 1 contract

Samples: Basic Lease Terms (Paysys International Inc)

Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within with ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed contribute to by act or negligence of Lessee, its agents, employees, invitees invitees, or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the leased premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, Lessor whereupon all rights and obligations under this Lease shall cease to exist.. 7.03

Appears in 1 contract

Samples: Commercial Lease Agreement (Hathaway Corp)

Partial Destruction. If the leased premises Leased Premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably reasonable be completed within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially substantial the same condition in which they existed prior to the damage. If the leased premises Leased Premises are to be rebuilt or repaired and are untenantable untenatable in whole or in part following the damage, and the damage or destruction was not caused or contributed contribute to by act or negligence of the Lessee, its agents, employees, invitees invitees, or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the leased premises Leased Premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that if the Lessor fails to complete the necessary repairs or rebuilding within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, Lessor whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Agreement (Electric Fuel Corp)

Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety one hundred eighty working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises are to be rebuilt rebuild or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the leased premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety one hundred eighty working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Basic Lease Terms (Allstar Systems Inc)

Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and the rebuilding or repairs can reasonably be completed within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the leased premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Agreement (Bollinger Industries Inc)

Partial Destruction. If the leased premises should be partially damaged dammed by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety working days from the date of dale xx written notification by Lessee to Lessor of the destruction, this Lease lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or of negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the leased premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Agreement (Performance Printing Corp)

Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety working one hundred twenty days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises are to be rebuilt rebuild or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsibleinvitees, the rent payable under this Lease during the period for which the leased premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety working one hundred twenty days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Agreement (Teraforce Technology Corp)

Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety working one hundred twenty days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises are to be rebuilt rebuild or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused 13 or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsibleinvitees, the rent payable under this Lease during the period for which the leased premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety working one hundred twenty days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Agreement (Intelect Communications Systems LTD)

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Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety [interlineated text] one hundred twenty working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the leased premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Agreement (Microtune Inc)

Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the leased premises are untenantable shall be adjusted to such an extent extent, as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Agreement (Spacehab Inc \Wa\)

Partial Destruction. If the leased premises Premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety one hundred eighty (180) working days from the date of written notification by Lessee the casualty, and insurance proceeds are adequate and available to Lessor of the destructionLandlord for restoration, this Lease shall not terminate, and Lessor Landlord shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building Building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, damage and the damage or destruction was not caused or contributed to by act or of negligence of LesseeTenant, its agents, employees, invitees or those for whom Lessee Tenant is responsible, the rent payable under this Lease during the period for which the leased premises Premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor Landlord fails to complete the necessary repairs or rebuilding within ninety one hundred eighty (180) working days from the date of written notification by Lessee to Lessor of the destructioncasualty, Lessee Tenant may at its option terminate this Lease by delivering written notice of termination to LessorLandlord, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: DJO Finance LLC

Partial Destruction. If the leased premises Premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety one hundred eighty (180) working days from the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, this Lease shall not terminate, and Lessor Landlord shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building Building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of LesseeTenant, its agents, employees, invitees or those for whom Lessee Tenant is responsible, the rent payable under this Lease during the period for which the leased premises Premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor Landlord fails to complete the necessary repairs or rebuilding within ninety one hundred eighty (180) working days from the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, Lessee Tenant may at its option terminate this Lease by delivering written notice of termination to LessorLandlord, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Basic Lease Terms (Insignia Systems Inc/Mn)

Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety working days from the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, this Lease shall not terminate, and Lessor Tenant shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of LesseeTenant, its agents, employees, invitees or those for whom Lessee Tenant is responsible, the rent payable under this Lease during the period for which the leased premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor Tenant fails to complete the necessary repairs or rebuilding within ninety working days from the date of written notification by Lessee Landlord to Lessor Tenant of the destruction, Lessee Landlord may at its option terminate this Lease by delivering written notice of termination to LessorTenant, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Agreement (Back Yard Burgers Inc)

Partial Destruction. If the leased premises Leased Premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or of negligence of Lessee, its agents, employees, invitees invites, or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the leased premises Leased Premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Lease Agreement (Community Financial Group Inc)

Partial Destruction. If the leased premises Premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety one hundred and twenty (120) working days from the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, this Lease shall not terminate, and Lessor Landlord shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the building Building or other improvements to substantially the same condition in which they existed prior to the damage. If the leased premises Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of LesseeTenant, its agents, employees, invitees Tenant's Representatives or those for whom Lessee Tenant is responsible, the rent payable under this Lease during the period for which the leased premises Premises are untenantable shall be adjusted to such an extent as may be fair and reasonable under the circumstances. In the event that Lessor Landlord fails to complete the necessary repairs or rebuilding within ninety one hundred and twenty (120) working days from the date of written notification by Lessee Tenant to Lessor Landlord of the destruction, Lessee may Landlord may, at its option option, terminate this Lease by delivering written notice of termination to LessorTenant, whereupon all rights and obligations under this Lease shall cease to exist.

Appears in 1 contract

Samples: Office Lease (Trizetto Group Inc)

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