Common use of Total or Partial Destruction Clause in Contracts

Total or Partial Destruction. If the Leased Premises and any necessary Common Areas ancillary or adjacent thereto shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, Landlord shall at its own expense cause such damage to be repaired, and the rent shall not be abated. If by reason of such occurrence, the Leased Premises shall be rendered untenantable only in part, Landlord shall, at its own expense, cause the damage to be repaired, and the Minimum Rent and additional rent shall be abated proportionately as to the portion of the Leased Premises rendered untenantable provided that same can be accomplished within 90 days of such destruction. If the Leased Premises shall be rendered wholly untenantable by reason of such occurrence, Landlord shall, at its own cost and expense, cause such damage to the Leased Premises (but not to Tenant's improvements or personal property) to be repaired, and the Minimum Rent and additional rent shall ▇▇▇▇▇ until the Leased Premises have been restored and rendered tenantable, or Landlord may at its election, terminate this Lease and the tenancy hereby created, by giving Tenant within the next sixty (60) days following the date of said occurrence, written notice of Landlord's election so to do and in the event of such termination rent shall be adjusted as of such date.

Appears in 1 contract

Sources: Lease (Embassy Bancorp, Inc.)

Total or Partial Destruction.  If the Leased Premises and any necessary Common Areas ancillary or adjacent thereto shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, Landlord shall at its own expense cause such damage to be repaired, and the rent shall not be abated. If by reason of such occurrence, the Leased Premises shall be rendered untenantable only in part, Landlord shall, at its own expense, cause the damage to be repaired, and the Minimum Rent and additional rent shall be abated proportionately as to the portion of the Leased Premises rendered untenantable provided that same can be accomplished within 90 days of such destruction. If the Leased Premises shall be rendered wholly untenantable by reason of such occurrence, Landlord shall, at its own cost and expense, cause such damage to the Leased Premises (but not to Tenant's improvements or personal property) to be repaired, and the Minimum Rent and additional rent shall ▇▇▇▇▇ until the Leased Premises have been restored and rendered tenantable, or Landlord may at its election, terminate this Lease and the tenancy hereby created, by giving Tenant within the next sixty (60) days following the date of said occurrence, written notice of Landlord's election so to do and in the event of such termination rent shall be adjusted as of such date.. 

Appears in 1 contract

Sources: Lease (Embassy Bancorp, Inc.)

Total or Partial Destruction. If the Leased Premises and any necessary Common Areas ancillary or adjacent thereto shall be are damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable unfit for Tenant’s use in whole or in part, Landlord shall will at its own expense cause such damage to be repaired, and neither Minimum Rent nor Additional Rent will be abated. If by reason of such occurrence, the Leased Premises are rendered unfit for Tenant’s use only in part, Landlord will at its own expense cause the damage to be repaired, and the Minimum Rent and Additional Rent meanwhile will be abated proportionately as to the portion of the Leased Premises rendered unfit for Tenant’s use. If the Leased Premises are rendered wholly unfit for Tenant’s use by reason of such occurrence, Landlord will at its own expense cause such damage to be repaired, and the rent shall not be abated. If by reason of such occurrence, the Leased Premises shall be rendered untenantable only in part, Landlord shall, at its own expense, cause the damage to be repaired, and the Minimum Rent and additional rent shall be abated proportionately as to the portion of the Leased Premises rendered untenantable provided that same can be accomplished within 90 days of such destruction. If the Leased Premises shall be rendered wholly untenantable by reason of such occurrence, Landlord shall, at its own cost and expense, cause such damage to the Leased Premises (but not to Tenant's improvements or personal property) to be repaired, and the Minimum Additional Rent and additional rent shall meanwhile will ▇▇▇▇▇ until the Leased Premises have been restored and rendered tenantablefit for Tenant’s use, or Landlord may at its election, terminate this Lease and the tenancy hereby created, created by giving Tenant to Tenant, within the next sixty (60) days following the date of said such occurrence, written notice of Landlord's ’s election so to do and in do. In the event of such termination rent shall termination, Minimum Rent, Percentage Rent and Additional Rent will be adjusted as of such date.. Nothing in this Section will be construed to permit the abatement in whole or in part of the Percentage Rent

Appears in 1 contract

Sources: Lease (Suncoast Bancorp Inc)

Total or Partial Destruction. If the Leased Premises and any necessary Common Areas ancillary or adjacent thereto shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, Landlord shall at its own expense cause such damage to be repaired, and the rent shall not be abated. If by reason of such occurrence, the Leased Premises shall be rendered untenantable only in part, Landlord shall, at its own expense, cause the damage to be repaired, and the Minimum Rent and additional rent shall be abated proportionately as to the portion of the Leased Premises rendered untenantable provided that same can be accomplished within 90 days of such destruction. If the Leased Premises shall be rendered wholly untenantable by reason of such occurrence, Landlord shall, at its own cost and expense, cause such damage to the Leased Premises (but not to Tenant's improvements or personal property) to be repaired, and the Minimum Rent and additional rent shall a▇▇▇▇ until the Leased Premises have been restored and rendered tenantable, or Landlord may at its election, terminate this Lease and the tenancy hereby created, by giving Tenant within the next sixty (60) days following the date of said occurrence, written notice of Landlord's election so to do and in the event of such termination rent shall be adjusted as of such date.

Appears in 1 contract

Sources: Lease (Embassy Bancorp, Inc.)

Total or Partial Destruction. If the Leased Premises and any necessary Common Areas ancillary or adjacent thereto shall be damaged by fire, the elements, unavoidable accident or other casualty, without the fault of Tenant, but are not thereby rendered untenantable in whole or in part, Landlord shall at its own expense cause such damage damage, except to Tenant's equipment and trade fixtures, to be repaired, and the rent and other charges payable by Tenant hereunder shall not be abated. If by reason of such occurrence, the Leased Premises shall be rendered untenantable only in part, Landlord shall, subject to the approval of any mortgagee of Landlord, at its own expense, expense cause the damage damage, except to Tenant's equipment and trade' fixtures, to be repaired, and the Minimum Rent and additional annual rent meanwhile shall be abated proportionately as to the portion of the Leased Premises rendered untenantable. For purposes of this Article XIV, the Leased Premises shall be considered rendered untenantable provided that in part if and to the extent Tenant is unable to continue its business therein in the same can be accomplished within 90 days of manner as conducted immediately prior to such damage or destruction. If the Leased Premises shall be rendered wholly untenantable by reason of such occurrence, the Landlord shall, subject to the approval of any mortgagee of Landlord, at its own cost and expense, expense cause such damage to the Leased Premises (but not damage, except to Tenant's improvements or personal property) equipment and trade fixtures, to be repaired, and the Minimum Rent annual rent meanwhile shall be abated in whole except that Landlord shall have the right, to be exercised by notice in writing delivered to Tenant within thirty (30) days after said occurrence, to elect not to reconstruct the destroyed Leased Premises, and additional rent shall ▇▇▇▇▇ until the Leased Premises have been restored and rendered tenantable, or Landlord may at its election, terminate in such event this Lease and the tenancy hereby created, by giving Tenant within the next sixty (60) days following created shall cease as of the date of the said occurrence, written notice of Landlord's election so to do and . Nothing in the event of such termination rent this Section shall be adjusted as construed to permit any abatement in whole or in part in additional rent nor annual rent if such damage is caused by an act or omission of such dateTenant.

Appears in 1 contract

Sources: Lease Agreement (Radiation Therapy Services Inc)

Total or Partial Destruction. If the Leased Premises and any necessary Common Areas ancillary or adjacent thereto shall be damaged by fire, the elements, unavoidable accident windstorm or other insured casualty, but are not thereby rendered untenantable in whole or in part, Landlord shall at its own expense from the proceeds of such insurance, cause such the damage to be repaired, repaired and the rent shall not be abated. If by reason of such occurrence, the Leased Premises premises shall be rendered untenantable only in part, Landlord shall, shall at its own expenseexpense from the proceeds of such insurance, cause the damage to be repaired, repaired and the Minimum Rent and additional fixed minimum rent meanwhile shall be abated proportionately as to the portion of the Leased Premises premises rendered untenantable provided that same can be accomplished within 90 days of such destructionuntenantable. If the Leased Premises premises shall be rendered wholly untenantable by reason of such occurrence, occurrence Landlord shall, at its own cost and expenseexpense from the proceeds of such insurance, cause such damage to the Leased Premises (but not to Tenant's improvements or personal property) to be repaired, repaired and the Minimum Rent and additional fixed minimum rent meanwhile shall ▇▇▇▇▇ until the Leased Premises have been restored and rendered tenantable, or Landlord may at its election, terminate this Lease lease and the tenancy hereby created, created by giving to Tenant within the next sixty (60) days following the date of said occurrence, written notice of Landlord's election so to do so and in the event of such termination rent shall be adjusted as of such date. Nothing in this Section shall be construed to permit the abatement in whole or in part of the additional rentals unless the term hereof is terminated.

Appears in 1 contract

Sources: Lease (Americasbank Corp)

Total or Partial Destruction. If the Leased Premises and any necessary Common Areas ancillary or adjacent thereto leased premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, Landlord Lessor shall at its own expense cause such damage to be repaired, and the rent shall not be abated. If by reason of such occurrence, occurrence the Leased Premises leased premises shall be rendered untenantable only in part, Landlord shall, Lessor shall at its own expense, expense cause the damage to be repaired, and the Minimum Rent and additional fixed minimum rent meanwhile shall be abated proportionately as to the portion of the Leased Premises leased premises rendered untenantable provided that same can be accomplished within 90 days of such destructionuntenantable. If the Leased Premises leased premises shall be rendered wholly untenantable by reason of such occurrence, Landlord shall, the Lessor shall at its own cost and expense, expense cause such damage to the Leased Premises (but not to Tenant's improvements or personal property) to be repaired, and the Minimum Rent and additional fixed minimum rent meanwhile shall abat▇ ▇▇▇▇▇ until il the Leased Premises leased premises have been restored and rendered tenantable, or Landlord Lessor may at a its election, election terminate this Lease and the tenancy hereby created, created by giving to Tenant within the next sixty fifteen (6015) days following the date of said occurrence, written notice of LandlordLessor's election so to do and in the event of such termination termination, the rent shall be adjusted as of such datethe date of the occurrence. In the event that the restoration work shall exceed sixty (60) days, then either party shall have the right to terminate this Lease at any time after the expiration of the sixty (60) day period, but prior to the time that the leased premises are restored.

Appears in 1 contract

Sources: Lease Agreement (Security Associates International Inc)