PREMISES CONDITION AND REPAIR Clause Samples

PREMISES CONDITION AND REPAIR. Nothing contained herein shall require SF Environment or Grantee to repair or replace the Premises or the Improvements thereon as a result of damage caused by acts of war, earthquake, tidal wave or other acts of nature. In the event that at any time during the Term of this Agreement, SF Environment in its sole discretion, determines that, due to casualty, wear and tear, deferred maintenance, flooding, sea level rise or any other foreseen or unforeseen circumstances, which are not the result of Grantee 's failure to comply with its obligations under this Agreement the condition of the Premises and/or the pier structure or substructure structures or substructure affecting any areas adjacent to the Premises, all or any portion of the Premises cannot be safely used for the uses permitted under this Agreement, the Premises shall be redefined to exclude the area which, in SF Environment's sole opinion, needs to be removed from the Premises in order to safely use the remaining portion of the Premises for the uses permitted by this Agreement. The Rent shall be reduced by a fraction, the numerator of which shall be the total square footage removed and the denominator of which shall be the total floor area of the entire Premises. If in ▇▇▇▇▇▇▇'s sole judgment, the removal of a portion of the Premises under this Section renders the Premises unusable to Grantee for the uses permitted by this Agreement, Grantee may terminate this Agreement upon sixty (60) days prior written notice to SF Environment. In the event of such termination, neither party shall be deemed at fault and SF Environment shall have no further obligations to Grantee, including without limitation, any obligation to reimburse Grantee any costs related to any Improvements Grantee may have made to the Premises or to relocate Grantee to another location on City property or elsewhere. In no event shall the SF Environment be liable to Grantee or any other party for any loss of business or and any other costs of losses of any kind or nature whatsoever incurred by Grantee or any other party pursuant to this Section or any termination of this Agreement resulting therefrom. Neither SF Environment nor Grantee shall have any obligation to maintain or repair the pier substructure beneath the Premises or substructure of any facilities adjacent or contiguous to the Premises, but either party shall have the right, to make repairs or replacements to the Premises, or Substructure at its sole cost and expense in order to...