Rent suspension. Paragraph 3.2 of this Part of the Schedule will apply if the Centre is destroyed or damaged by any Insured Risk [or Uninsured Risk]121 so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to but excluding the next Rent Day. Any dispute about the application of this paragraph 3. will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010.122
Rent suspension. 5.7.1 If an Insured Risk damages the Property so that it is Unfit, the Basic Rent will be suspended until:
Rent suspension. 4.1 Subject to paragraph 4.2 of this Schedule 4, if any Property Damage by an Insured Risk occurs, payment of the Annual Rent (or a fair proportion of it according to the nature and extent of that Property Damage) shall be suspended until the earlier of:
Rent suspension. If at any time Theme Park Owner closes the Theme Park (other than temporary closings as described in Section 13.4(a) of the Resort Agreement or due to a Force Majeure Event) in accordance with the terms of Section 13.4(b) or (c) of the Resort Agreement, Tenant shall have no obligation to pay Base Rent or Additional Rent to Landlord during such periods of closure and the Total Revenues of the Hotels during such periods shall be excluded from Total Revenues used to determine Base Rent and Additional Rent for the months and Fiscal Years in which such closings occur.
Rent suspension. 24.1 If:
Rent suspension. 3.1 Paragraph 3.2 will apply if the Building is destroyed or damaged by any Insured Risk or Uninsured Risk so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 will not apply to the extent that the Landlord’s insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3.
Rent suspension. 5.3.1 In case the Premises shall at any time be destroyed or so damaged by any one or more of the Insured Risks as to be unfit for occupation or use then and in any such case (unless such insurance shall have been vitiated or the insurance moneys rendered wholly or partly irrecoverable by the act neglect default or omission of the Tenant or any employee servant agent licensee or customer of the Tenant) the Rents or a fair proportion thereof according to the nature and extent of the damage sustained (the amount of such proportion to be referred to arbitration in the event of dispute) shall be suspended and cease to be payable until the Premises shall have been reinstated or if earlier until this Lease is determined
Rent suspension. If the Premises or their means of access are destroyed or damaged by any of the Insured Risks so as to be unfit for occupation and use then provided that no insurance effected by the Landlord has been prejudiced and no policy money has been withheld owing to any act or default of the Tenant or an Authorised Person the Yearly Rent or a fair proportion of it according to the nature and extent of the damage will be suspended until either the Premises or their means of access have been rebuilt or reinstated or for a period of three years (whichever is the shorter period) and any dispute about the extent proportion or period of such suspension is to be determined by the Independent Surveyor acting as an expert and not as an arbitrator and his decision will be final and binding on the parties
Rent suspension. That in the event of the Premises or any part thereof or the means of access thereto at any time during the Term being damaged or destroyed by any of the Insured Risks so as to be unfit for occupation and use then (so long as the Landlord's policy of insurance shall not have been vitiated or payment of the policy moneys withheld or refused in whole or in part in consequence of any act neglect or default of the Tenant or of any servant agent licensee or invitee of the Tenant) the yearly rent hereby reserved, the Energy Charge and the Service Charge or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the expiration of five years from the date of such damage or destruction or until the Premises shall again be rendered fit for habitation and use (whichever shall be the sooner) and a proportionate part of any yearly rent Energy Charge or Service Charge paid in advance by the Tenant shall be refunded by the Landlord to the Tenant and in case of difference touching this proviso the same shall be determined by a single arbitrator to be agreed upon between the parties or in default of agreement to be nominated at the request of either party by the President for the time being of The Royal Institution of Chartered Surveyors and in either case in accordance with the provisions of the Arbitration Xxx 0000;
Rent suspension. If the Property or any part thereof shall be destroyed or damaged by any Insured Risk so as to be unfit for occupation or use or inaccessible then save to the extent that the insurance of the Property shall have been vitiated by any act neglect default or omission of the Tenant or any sub-tenant or their respective employees agents licensees or invitees the Basic Rent or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the Property shall have been made fit for occupation and use and accessible or (if earlier) until the moneys received by the Landlord in respect of loss of rent insurance shall have been exhausted and any dispute with reference to this proviso shall be referred to a single arbitrator to be appointed in default of agreement upon the application of either the Landlord or the Tenant by the President for the time being of the Royal Institution of Chartered Surveyors under the Arbitration Xxx 0000.
