UNTENANTABILITY. If the premises or the Building are made unfit for occupancy by fire or other casualty, acts of God, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction of, the premises or the Building.
Appears in 3 contracts
Samples: Lease Agreement (Kids Stuff Inc), Lease Agreement (Kids Stuff Inc), Lease Agreement (Havana Group Inc)
UNTENANTABILITY. If In the premises event the Premises, Building or the Building Project are made unfit for occupancy damaged by fire or other casualtyinsured casualty and the insurance proceeds have been made available therefore by the holder or holders of any mortgages or deeds of trust, acts the damage shall be repaired by and at the expense of GodLandlord to the extent of such insurance proceeds available therefore, provided such repairs can, in Landlord’s sole opinion, be made within one hundred twenty (120) days after the occurrence of such damage without the payment of overtime or other causepremiums. Until such repairs are completed, Lessor the rent shall be abated in proportion to the part of the Premises which is unusable by Tenant in the conduct of its business. If repairs cannot, in Landlord’s sole opinion be made within one hundred twenty (120) days, Landlord may elect at its option make these within a reasonable time and, if agreed to by Tenant, this Lease shall continue in effect. In the case of repairs, which in Landlord’s opinion cannot be made within one hundred twenty (a120) days Landlord shall notify Tenant within thirty (30) days of the date of occurrence of such damage as to terminate whether or not Landlord elects to make such repairs and if no such repairs and if no such notice is given, Landlord shall be deemed to have elected to make such repairs. If Landlord elects not to make such repairs or if said repairs cannot be made within one hundred twenty (120) days of notice, then either party may, by written notice to the other, cancel this Lease as of the date when of the premises or occurrence of such damage and Tenant must vacate the Building are so made unfit for occupancy, by written notice to Lessee Premises within ninety thirty (9030) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such terminationnotice. Except as provided in this ParagraphSection, neither party hereto there shall have the right to terminate this Lease be no abatement of rent and no liability of Landlord by reason of damage any injury to, damage or destruction ofinterference with Tenant’s business or property arising from any such fire or other casualty or from the making or not making of any repairs, alterations or improvements in or to any portion of the premises Premises, Building or Project or in or to fixtures, appurtenances and equipment therein. Tenant understands that Landlord will not carry insurance of any kind on Tenant’s furniture or furnishings or on any fixtures or equipment removable by Tenant under the Buildingprovisions of this Lease and that Landlord shall not be obliged to repair any damage thereto or replace the same. Landlord shall not be required to repair any injury or damage caused by fire or other cause, or to make any repairs or replacements to or of improvements installed in the Premises by or for Tenant.
Appears in 3 contracts
Samples: Office Lease (Alimera Sciences Inc), Lease Agreement (Alimera Sciences Inc), Office Lease (Alimera Sciences Inc)
UNTENANTABILITY. If the premises or the Building Leased Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualty, acts the Base Monthly Rent, until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Leased Premises which is usable by the Tenant, if, but only if, such fire or other casualty was not caused by the fault or negligence of the Tenant, its contractors, agents, or employees. If such damage shall be so extensive that the Leased Premises cannot, in Landlord's opinion, be restored to tenantability by the Landlord within a period of sixty (60) days, either party shall have the right to cancel this Lease by notice to the other causegiven at any time within sixty (60) days after the date of such damage; except that if such fire or casualty resulted from the Tenants' fault or negligence, Lessor the Tenant shall have no right to cancel. If a portion of the Building other than the Leased Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to alter the Leased Premises materially, the Landlord may elect cancel this Lease by notice to the Tenant given at any time within sixty (a60) to days after the date of such damage. If more than twenty-five percent (25%) of the Building is made untenantable by fire or other casualty (regardless of whether the Leased Premises are untenantable), Landlord may terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense Tenant within one hundred eighty twenty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10120) days after the expiration date of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisessuch casualty. In the event of termination of this Lease giving effective notice pursuant to this ParagraphSection, rent this Lease and the term and the estate hereby granted shall be apportioned expire on a per-diem basis to and including the effective date fifteen (15) days after the giving of such terminationnotice as fully and completely as if such date were the date hereinafter set for the expiration of the term of this Lease. Except as provided in this ParagraphIn the event neither Landlord nor Tenant cancels the Lease, neither party hereto shall have the right within sixty (60) days and Landlord wishes to terminate this Lease by reason of damage to, or destruction ofeffect such restoration, the premises or the BuildingLandlord shall, promptly after adjustment of any relevant insurance claims, commence such restoration at Landlord's expense. In no event shall Landlord be required to expend funds in excess of its insurance recovery on such restoration.
Appears in 2 contracts
Samples: Lease (Integrated Information Systems Inc), Lease (Integrated Information Systems Inc)
UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualty, acts the Rent, until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty was not caused by the fault or negligence of the Tenant, its contractors, agents, or employees. If such damage shall be so extensive that the Premises cannot be restored to tenantability by the Landlord within a period of sixty (60) days, either party shall have the right to cancel this Lease by notice to the other causegiven at any time within sixty (60) days after the date of such damage; except that if such fire or casualty resulted from the Tenant's fault or negligence, Lessor the Tenant shall have no right to cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to alter the Premises materially, the Landlord may elect cancel this Lease by notice to the Tenant given at any time within sixty (a60) to days after the date of such damage. If more than twenty-five percent (25%) of the Building is made untenantable by fire or other casualty (regardless of whether the Premises are untenantable), Landlord may terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense Tenant within one hundred eighty twenty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10120) days after the expiration date of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisessuch casualty. In the event of termination of this Lease giving effective notice pursuant to this ParagraphSection, rent this Lease and the term and the estate hereby granted shall be apportioned expire on a per-diem basis to and including the effective date fifteen (15) days after the giving of such terminationnotice as fully and completely as if such date were the date hereinafter set for the expiration of the term of this Lease. Except as provided in this ParagraphIn the event neither Landlord nor Tenant cancels the Lease, neither party hereto shall have the right within sixty (60) days and Landlord wishes to terminate this Lease by reason of damage to, or destruction ofeffect such restoration, the premises or the BuildingLandlord shall, promptly after adjustment of any relevant insurance claims, commence such restoration at Landlord's expense.
Appears in 2 contracts
Samples: Lease (Integrated Information Systems Inc), Lease (Integrated Information Systems Inc)
UNTENANTABILITY. If (a) In the premises event the Premises, Building or the Building Project are made unfit for occupancy damaged by fire or other casualtyinsured casualty and the insurance proceeds have been made available therefore by the holder or holders of any mortgages or deeds of trust, acts the damage shall be repaired by and at the expense of GodLandlord to the extent of such insurance proceeds available therefore, provided such repairs can, in Landlord's reasonable opinion, be made within one hundred twenty (120) days after the occurrence of such damage without the payment of overtime or other causepremiums. From the date such damages occur until such repairs are completed, Lessor the rent shall be abated in proportion to the part of the Premises which is unusable by Tenant in the conduct of its business. If repairs cannot, in Landlord's sole opinion be made within one hundred twenty (120) days, Landlord may elect at its option make these within a reasonable time and, if agreed to by Tenant, this Lease shall continue in effect. In the case of repairs, which in Landlord's opinion cannot be made within one hundred twenty (a120) days Landlord shall notify Tenant within thirty (30) days of the date of occurrence of such damage as to terminate whether or not Landlord elects to make such repairs, and if no such notice is given, Landlord shall be deemed to have elected to make such repairs. If Landlord elects not to make such repairs or if said repairs cannot be made within one hundred twenty (120) days of notice, then either party may, by written notice to the other, cancel this Lease as of the date when of the premises or occurrence of such damage and Tenant must vacate the Building are so made unfit for occupancy, by written notice to Lessee Premises within ninety thirty (9030) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such terminationnotice. Except as provided in this ParagraphSection, neither party hereto there shall have the right to terminate this Lease be no abatement of rent and no liability of Landlord by reason of damage any injury to, damage or destruction ofinterference with Tenant's business or property arising from any such fire or other casualty or from the making or not making of any repairs, alterations or improvements in or to any portion of the premises Premises, Building or Project or in or to fixtures, appurtenances and equipment therein. Tenant understands that Landlord will not carry insurance of any kind on Tenant's furniture or furnishings or on any fixtures or equipment removable by Tenant under the Buildingprovisions of this Lease and that Landlord shall not be obliged to repair any damage thereto or replace the same. Landlord shall not be required to repair any injury or damage caused by fire or other cause, or to make any repairs or replacements to or of improvements installed in the Premises by or for Tenant.
Appears in 2 contracts
Samples: Office Lease (Elastic Networks Inc), Office Lease (Elastic Networks Inc)
UNTENANTABILITY. If the condition referred to in Section 9.2 is such so as to make the entire premises untenantable, then the rental which Tenant is obligated to pay hereunder shall abatx xx of the date of the occurrence until the premises have been fully and completely restored by Landlord. Any unpaid or prepaid rent for the month in which said condition occurs shall be prorated. If the premises are partially damaged or destroyed, then during the Building period that Tenant is deprived of the use of the damaged portion of said premises, Tenant shall be required to pay rental covering only that part of the premises that it is able to occupy, based on the portion of the total rent which the amount of square foot area remaining that can be occupied bears to the total square foot area of all premises covered by this Lease. In the event the premises are made unfit for occupancy substantially or totally destroyed by fire or other casualtycasualty so as to be entirely untenantable, acts of God, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within and it shall require more than ninety (90) days after that datefrom the date of said fire or other casualty for Landlord to complete restoration of same, or (b) then Landlord, upon written notice to repairTenant, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of in which case the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis and paid to and including the effective date of said fire or other casualty. Due allowance, however, shall be given for reasonable time required for adjustment and settlemnent of insurance claims, and for such terminationother delays as may result from government restrictions, and controls on construction, if any, and or strikes, national emergencies and other conditions beyond the control of Landlord. Except as provided in this ParagraphNo compensation, neither party hereto shall have the right to terminate this Lease or claim, or diminution of rent will be allowed or paid by Landlord, by reason of damage toinconvenience, annoyance, or destruction ofinjury to business, arising from the premises necessity of repairing the Demised Premises or any portion of the Buildingbuilding of which they are a part.
Appears in 1 contract
Samples: Lease and Lease Extension Agreement (Otg Software Inc)
UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualtycasualty the Rent, acts until repairs shall be made or the lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty be not caused by the fault or negligence of the Tenant, its contractors, agents, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent employees. If such damage shall be abated on a per-diem basis so extensive that the Premises cannot be restored to the extent and for same or better quality condition than the condition prior to the fire or other casualty by the Landlord within a period that of three (3) months, either party shall have the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate right to cancel this Lease, as of the last day of such one hundred eighty (180) day period, lease by written notice to the other not later than ten given at any time within thirty (1030) days after the expiration date of said one hundred eighty (180) day period, computed as herein provided, and Lessor such damage; except that if such fire or casualty resulted from the Tenant's fault or negligence the Tenant shall have no liability right to Lessee for failure cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to restorealter the Building or Premises materially, repair, or rehabilitate the premisesLandlord may cancel this lease by notice to the Tenant given at any time within thirty (30) days after the date of such damage. In the event of termination of this Lease giving effective notice pursuant to this ParagraphSection, rent this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinbefore set for the expiration of the term of this lease. If this lease is not terminated, the Landlord will promptly repair the damage at the Landlord's expense. Landlord shall not be obligated to repair, restore or replace any fixture improvement, alteration, furniture, personal property, decorations or other property owned installed or made by Tenant, all of which shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease repaired restored or replaced by reason of damage to, or destruction of, the premises or the BuildingTenant.
Appears in 1 contract
Samples: Access Integrated Technologies Inc
UNTENANTABILITY. If either the premises Office or the Building Warehouse spaces are made unfit for occupancy untenantable by fire or other casualty, acts of God, or other cause, Lessor the Landlord may elect (a) to terminate this Lease Agreement as of the date when the premises or the Building are so made unfit for occupancy, of such casualty by written notice to Lessee the Tenant within ninety (90) thirty days after that date, or (b) to repairhave the Landlord repair all damage to Office or Warehouse space so that the same shall be restored to such condition as existed immediately prior to such damage. If the Landlord elects to terminate this Agreement, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis and be paid to the extent date of the fire or casualty. If the Landlord elects to restore the Premises and Building, such restoration shall be completed with reasonable promptness. If the Premises are unusable during such restoration, or if the Tenant is reasonably required to close its operation while such repairs are made, the rent shall xxxxx during such period of repair while such operations have ceased and the Premises are completely closed. If the Tenant continues to operate on the specific Premises during such repairs, but is unable to use a substantial portion of the specific Premises, then the rent shall be prorated in the proportion which the area of unusable leased space bears to the total specific Premises for the period that the premises are unfit said space is unusable. The Landlord will not be liable for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice business losses to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease Tenant by reason of damage toto the specific Premises. If the untenantability is caused by the fault of the Tenant, there will be no apportionment or destruction ofabatement of rent. Nothwithstanding anything contained in this Section 10 to the contrary, if the specific Premises are not or cannot be made tenantable within 90 days after the date of the casualty for any reason whatsoever, the premises or Tenant may terminate this Agreement and the Buildinglease.
Appears in 1 contract
Samples: Office/ Warehouse Lease Agreement (Am General Corp)
UNTENANTABILITY. If the premises or the Building are made unfit for occupancy by Tenant shall give prompt notice to Landlord in case of any fire or other casualty, acts of God, or other cause, Lessor may elect damage to the premises. If (a) the premises shall be damaged to terminate the extent of thirty per cent (30%) or more of the cost of replacement thereof during the last two (2) years of the Term or (b) the Building shall be damaged to the extent of fifty per cent (50%) or more of the cost of replacement thereof whether or not the Premises shall be damaged, then in either of such events, Landlord shall have the right and option to cancel this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that datethe date of such occurrence, and thereupon this Lease shall cease and terminate with the same force and effect as though such date were the date fixed for the expiration of the Term. In such case, Tenant shall vacate and surrender the Premises to Landlord. Tenant's liability for the Rents and other charges reserved hereunder, excluding indemnity obligations of Tenant, shall cease as of the date of such damage or (b) destruction and landlord shall make an equitable refund of any Rents or other charges paid by Tenant in advance and not earned or accrued. Landlord shall not be liable to repairrepair and replace leasehold improvements unless same are covered pursuant to this Lease, restore, or rehabilitate by insurance and then only to the premises or extent of the Building at Lessor's expense within one hundred eighty (180) days after Lessor insurance proceeds received by Landlord therefor. Unless this Lease is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Buildingterminated by Landlord as aforesaid, this Lease shall not terminateremain in full force and effect and the parties waive the provisions of any law to the contrary, but rent and Landlord and Tenant agree that the Premises shall be repaired and restored with due diligence to substantially the condition thereof immediately prior to such damage or destruction. In no event shall Landlord be required to replace or restore additions, improvements or alterations to the Premises made by or at the expense of Tenant (including construction work in excess of the established standards for the Building) unless Landlord shall have received the proceeds of the insurance policies mentioned under Section 17(B)(i), and in such event, Landlord's obligation shall be limited to the amount of such proceeds actually received by Landlord. Landlord shall have no obligation to replace or restore office furniture or equipment, trade fixtures, merchandise, samples, supplies or any other items of Tenant's property in the Premises or the Building. If by reason of such fire or other casualty the Premises are rendered wholly untenantable, the Rent shall be abated, or if only partially damaged, the Rent shall be abated on a per-diem basis proportionately as to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as portion of the last day of such one hundred eighty Premises rendered untenantable; in either event, until thirty (180) day period, by written notice to the other not later than ten (1030) days after notice by Landlord to Tenant that the expiration of said one hundred eighty (180) day periodPremises have been substantially repaired and restored or until Tenant's operations are substantially restored in the entire Premises, computed as herein provided, and Lessor whichever shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction of, the premises or the Buildingoccur sooner.
Appears in 1 contract
UNTENANTABILITY. If the premises Premises or any part of the Building are made unfit for occupancy shall be damaged by fire or other casualtycasualty and if such damage does not render all or a substantial portion of the Premises or the Building untenantable, acts then Landlord shall proceed to repair and restore with reasonable promptness the Building or the Premises (excluding leasehold improvements paid for by Tenant) at Landlord's expense, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control. If any such damage renders all or a substantial portion of Godthe Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration of the Building and shall by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed one hundred eighty (180) days from the date such damage occurred, then either Landlord or other causeTenant (but as to Tenant, Lessor may elect (aonly if all or a substantial portion of the Premises are rendered untenantable) shall have the right to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written of such damage upon giving notice to Lessee the other at any time within ninety twenty (9020) days after Landlord gives Tenant the notice containing said estimate (it being understood that dateLandlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless this Lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the Building and Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period days so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. If the Building and/or Premises is not repaired or restored within nine (excluding from said period loss 9) months after the date of time resulting from delays beyond the reasonable control of Lessor) such fire or other casualty, then either Lessor or Lessee party may then terminate this Lease, effective as of the last day date of such one hundred eighty (180) day periodfire or other casualty, by written notice to the other party not later than ten thirty (1030) days after the expiration of said one hundred eighty nine (1809) day month period, computed as but prior to substantial completion of repair or restoration. Notwithstanding anything to the contrary herein providedset forth, and Lessor (a) Landlord shall have no liability duty pursuant to Lessee for failure this Section 14 to restorerepair or restore any tenant improvements, repairany portion of the alterations, additions or improvements owned or made by Tenant in the Premises, or rehabilitate any personal property of Tenant or to expend for any repair or restoration amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration, and (b) Tenant shall not have the premisesright to terminate this Lease pursuant to this Section 14 if the damage or destruction was caused by the act or neglect of Tenant, its agents or employees. Landlord shall carry insurance in an amount sufficient to enable it to fulfill its obligations to repair as provided in this Section 14 and shall provide Tenant, at If this Lease shall not be terminated pursuant to this Section, then Tenant shall repair and restore the tenant improvements within a reasonable period of time after the Premises are made available by Landlord for such repair and restoration, such repairs or restorations to be made after taking account of the reasonable wear and tear to the tenant improvements that had occurred prior to the fire or other casualty and of changes in the radio broadcasting business that may cause such improvements to be unsuitable or inappropriate for repair or restoration, it being agreed that Tenant shall not be obligated to repair or restore improvements that would have substantially diminished utility or value to Tenant. 93 In the event any such fire or casualty damage not caused by the act or neglect of Tenant, its agents or employees, renders the Premises or any portion thereof untenantable and if this Lease shall not be terminated pursuant to the foregoing provisions of this Section 14 by reason of such damage, then Base Rent and Rent Adjustments shall abatx xxxing the period beginning with the date of such damage and ending with the date when Landlord substantially completes its repair and restoration work. Such abatement shall be in an amount bearing the same ratio to the total amount of Base Rent and Rent Adjustments for such period as the portion of the Premises being repaired and restored by Landlord and not theretofore delivered to Tenant bears to the entire Premises. In the event of termination of this Lease pursuant to this ParagraphSection 14, rent Base Rent and Rent Adjustments shall be apportioned on a per-per diem basis and be paid to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, fire or destruction of, the premises or the Buildingcasualty.
Appears in 1 contract
Samples: Asset Purchase Agreement (Spanish Broadcasting System of New York Inc)
UNTENANTABILITY. 18. If the premises Demised Premises or the Building building in which they are located are made unfit for occupancy by the elements, fire or other casualty, acts of God, or other cause, Lessor the Landlord may elect (a) to terminate this Lease as of the date time when the premises or the Building building are so made unfit for occupancy, by written notice to Lessee the Tenant within forty five (45) days after that occurrence. In the alternative, Landlord may elect to repair the building or the premises at the Landlord’s expense within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor Landlord is enabled to take possession of all the damaged areas premises and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, in which event this Lease shall not terminate, but rent shall be abated on a per-per diem basis to the extent and basis, prorata, for the period that portion of the premises are Demised Premises rendered unfit for occupancy. In If the event Lessor shall proceed under (b) above Landlord elects to so repair, restore or rehabilitate the building or the premises and shall does not substantially complete compete the work within said one hundred eighty ninety (18090) day period (days period, excluding from said period loss of time resulting from delays caused by the delay beyond the reasonable control of Lessor) the Landlord, then either Lessor or Lessee party may then terminate this Lease, Lease as of the last day time when the premises or the building were made unfit for occupancy, by notice to the other party not later than thirty (30) days after expiration of such one hundred eighty said ninety (18090) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisesso computed. In the event of termination of this the Lease pursuant to this Paragraphsection, rent rent, including any escalation thereof, shall be apportioned on a per-per diem basis and shall be paid to and including the effective date of such termination. Except as provided Anything herein stated to the contrary notwithstanding, in this Paragraphthe event that the building in which the Demised Premises are located shall be damaged in any way whatsoever, neither party hereto and the estimated cost of repairing such damage shall exceed one-half (1/2) of the value of the building at the time of the happening of such damage by reason of such damage, the Landlord may decide to demolish said building and rebuild the same and, in such event, the Landlord shall have the right to terminate this Lease by reason giving to the Tenant thirty (30) days’ written notice of damage to, or destruction of, the premises or the Building.such termination. FIRE AND CASUALTY INSURANCE
Appears in 1 contract
Samples: Lease Agreement (Energy West Inc)
UNTENANTABILITY. If the condition referred to in Section 9.2 is such so as to make the entire premises untenantable, then the rental which Tenant is obligated to pay hereunder shall abatx xx of the date of the occurrence until the premises have been fully and completely restored by Landlord. Any unpaid or prepaid rent for the month in which said condition occurs shall be prorated. If the premises are partially damaged or destroyed, then during the Building period that Tenant is deprived of the use of the damaged portion of said premises, Tenant shall be required to pay rental covering only that part of the premises that it is able to occupy, based on the portion of the total rent which the amount of square foot area remaining that can be occupied bears to the total square foot area of all premises covered by this Lease. In the event the premises are made unfit for occupancy substantially or totally destroyed by fire or other casualtycasualty so as to be entirely untenantable, acts of God, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within and it shall require more than ninety (90) days after that datefrom the date of said fire or other casualty for Landlord to complete restoration of same, or (b) then Landlord, upon written notice to repairTenant, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of in which case the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis and paid to and including the effective date of said Fire or other casualty. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of insurance claims, and for such terminationother delays as may result from government restrictions, and controls on construction, if any, and or strikes, national emergencies and other conditions beyond the control of Landlord. Except as provided in this ParagraphNo compensation, neither party hereto shall have the right to terminate this Lease or claim, or diminution of rent will be allowed or paid by Landlord, by reason of damage toinconvenience, annoyance, or destruction ofinjury to business, arising from the premises necessity or repairing the BuildingDemised Premises or any portion of the building of which they arc a part.
Appears in 1 contract
Samples: Template Software Inc
UNTENANTABILITY. 18. If the premises Demised Premises or the Building building in which they are located are made unfit for occupancy by the elements, fire or other casualty, acts of God, or other cause, Lessor the Landlord may elect (a) to terminate this Lease as of the date time when the premises or the Building building are so made unfit for occupancy, by written notice to Lessee the Tenant within forty five (45) days after that occurrence. In the alternative, Landlord may elect to repair the building or the premises at the Landlord’s expense within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor Landlord is enabled to take possession of all the damaged areas premises and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, in which event this Lease shall not terminate, but rent shall be abated on a per-per diem basis to the extent and basis, prorata, for the period that portion of the premises are Demised Premises rendered unfit for occupancy. In If the event Lessor shall proceed under (b) above Landlord elects to so repair, restore or rehabilitate the building or the premises and shall does not substantially complete compete the work within said one hundred eighty ninety (18090) day period (days period, excluding from said period loss of time resulting from delays caused by the delay beyond the reasonable control of Lessor) the Landlord, then either Lessor or Lessee party may then terminate this Lease, Lease as of the last day time when the premises or the building were made unfit for occupancy, by notice to the other party not later than thirty (30) days after expiration of such one hundred eighty said ninety (18090) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisesso computed. In the event of termination of this the Lease pursuant to this Paragraphsection, rent rent, including any escalation thereof, shall be apportioned on a per-per diem basis and shall be paid to and including the effective date of such termination. Except as provided Anything herein stated to the contrary notwithstanding, in this Paragraphthe event that the building in which the Demised Premises are located shall be damaged in any way whatsoever, neither party hereto and the estimated cost of repairing such damage shall exceed one-half (1/2) of the value of the building at the time of the happening of such damage by reason of such damage, the Landlord may decide to demolish said building and rebuild the same and, in such event, the Landlord shall have the right to terminate this Lease by reason giving to the Tenant thirty (30) days’ written notice of damage to, or destruction of, the premises or the Buildingsuch termination.
Appears in 1 contract
Samples: Lease Agreement (Gas Natural Inc.)
UNTENANTABILITY. If the premises Premises shall be partially damaged by rue or other casualty, this Lease shall remain in full force and effect and the Building are damage to the Premises shall be repaired by Landlord, and the Rent until such repairs shall be made shall be abated on a per diem basis proportionate to the extent and for the period that the Premises is unfit for occupancy; provided, however, that there shall be no abatement of Rent if the damage shall have been caused by the fault or neglect of Tenant, or Tenant's agents, contractors, servants, employees, licensees or invites, which shall be without prejudice to any other rights or remedies of Landlord. Landlord shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord's control. If all or substantially all of the Premises is wholly destroyed or is made unfit for occupancy by fire rue or other casualty, acts of God, God or other cause, Lessor in Landlord's reasonable judgment, Landlord may elect elect, by written notice to Tenant within ninety (a90) days after the casualty date, (1) to terminate this Lease as of the date when the premises Premises or the Building are building is so destroyed or made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b2) to repair, restore, restore or rehabilitate the premises Premises or the Building building at LessorLandlord's expense within one hundred eighty six (1806) days months after Lessor Landlord is enabled able to take possession of all the damaged areas Premises and to undertake reconstruction or construction of repairs; and if Lessor Landlord elects to so to repair, restore, restore or rehabilitate the premises Premises or the Buildingbuilding, this Lease shall not terminate, but rent Rent shall be abated on a per-per diem basis proportionate to the extent and for the period that the premises are Premises is unfit for occupancy. In the event Lessor Landlord shall proceed under (b2) above and shall not substantially complete the work within said one hundred eighty six (1806) day month period (excluding from said such period loss of time resulting from delays beyond the reasonable control of Lessor) Landlord), either Lessor Landlord or Lessee Tenant may then terminate this Lease, as of the last day of such one hundred eighty (180) day perioddate when the Premises or the building was so made unfit for occupancy, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty six (1806) day month period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraphparagraph, rent Rent shall be apportioned on a per-per diem basis to and including the effective date of such termination, and Tenant shall promptly vacate the Premises and surrender the same to Landlord. Except as provided in this Paragraph, neither party hereto shall have If the right damage or destruction be due to terminate this Lease by reason the fault or neglect of damage toTenant, or destruction ofTenant's agents, contractors, servants, employees, licensees or invites, the premises debris shall be removed at the expense of Tenant. Notwithstanding anything herein stated to the contrary, Landlord shall in no event be obligated to repair or rebuild if such damage or destruction shall occur during the Buildinglast one (1) year term of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Kahiki Foods Inc)
UNTENANTABILITY. If the condition referred to in Section 9.2 is such so as to make the entire premises untenantable, then the rental which Tenant is obligated to pay hereunder shall axxxx as of the date of the occurrence until the premises have been fully and completely restored by Landlord. Any unpaid or prepaid rent for the month in which said condition occurs shall be prorated. If the premises are partially damaged or destroyed, then during the Building period that Tenant is deprived of the use of the damaged portion of said premises, Tenant shall be required to pay rental covering only that part of the premises that it is able to occupy, based on the portion of the total rent which the amount of square foot area remaining that can be occupied bears to the total square foot area of all premises covered by this Lease. In the event the premises are made unfit for occupancy substantially or totally destroyed by fire or other casualtycasualty so as to be entirely untenantable, acts of God, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within and it shall require more than ninety (90) days after that datefrom the date of said fire or other casualty for Landlord to complete restoration of same, or (b) then Landlord, upon written notice to repairTenant, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of in which case the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis and paid to and including the effective date of said fire or other casualty. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of insurance claims, and for such terminationother delays as may result from government restrictions, and controls on construction, if any, and or strikes, national emergencies and other conditions beyond the control of Landlord. Except as provided in this ParagraphNo compensation, neither party hereto shall have the right to terminate this Lease or claim, or diminution of rent will be allowed or paid by Landlord, by reason of damage toinconvenience, annoyance, or destruction ofinjury to business, arising from the premises necessity of repairing the Demised Premises or any portion of the Buildingbuilding of which they are a part.
Appears in 1 contract
Samples: Techteam Global Inc
UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualty, acts of Godthe fixed monthly rent, or additional rent and other causecharges, Lessor may elect (a) to terminate this Lease as of the date when the premises until repairs shall be made or the Building are so made unfit for occupancyLease terminated as hereinafter provided, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be proportionately abated on a per-per diem basis according to the extent and part of the Premises which is reasonably usable by Tenant for the period normal operation of its business. If such damage shall be so extensive that the premises are unfit for occupancy. In Premises cannot be restored by Landlord within a period of four (4) months, Landlord and Tenant shall have the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate right to cancel this Lease, as of the last day of such one hundred eighty (180) day period, Lease by written notice to the other not later than ten given at any time within thirty (1030) days after the expiration date of said one hundred eighty such damage. If a portion of the Building other than the Premises shall be so damaged that in the reasonable judgment of Landlord the Building should be restored in such a way as to alter the Premises materially, Landlord may cancel this Lease by notice to Tenant given at any time within thirty (18030) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate days after the premisesdate of such damage. In the event of termination of this Lease giving effective notice pursuant to this Paragraphparagraph, rent this Lease and the term and the estate hereby granted shall expire on the earlier to occur of (i) the date fifteen (15) days after the giving of such notice and (ii) the date on which Tenant is forced to cease normal operation of its business from the Premises as a result of such damage, as fully and completely as if such date were the date hereinbefore set for the expiration of the term of this Lease. If this Lease is not so terminated, Landlord will promptly (taking into account the time necessary to effectuate a satisfactory settlement with Landlord's insurance company) restore the damage to the Building and/or the Premises, as the case may be. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law and agrees that the foregoing provisions of this Paragraph 11.01 shall govern and control in lieu thereof. Anything contained in the foregoing to the contrary notwithstanding, if the Premises, or any material portion thereof and/or Tenant's reasonable access thereto, and/or Tenant's reasonable use of the Designated Parking Spaces (or reasonable alternative parking facilities) shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, so damaged or destruction of, the premises or the Building.impaired that Tenant's
Appears in 1 contract
UNTENANTABILITY. If the premises Premises is made untenantable in whole or the Building are made unfit for occupancy in part by fire or other casualty, acts the Fixed Monthly Rent, Additional Rent and other charges, until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Premises which is usable by Tenant, if, but only if, such fire or other causecasualty not be caused by Tenant's fixtures or equipment or by fault or negligence of Tenant, Lessor may elect its contractors, agents or employees. If such damage shall be so extensive that the Premises cannot be restored by Landlord within a period of nine (a9) months, either party shall have the right to terminate cancel this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten given at any time within thirty (1030) days after the expiration date of said one hundred eighty (180) day periodsuch damage, computed as herein provided, and Lessor except that if such fire or casualty be due to Tenant's fixtures or equipment or due to Tenant's fault or negligence Tenant shall have no liability right to Lessee for failure cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of Landlord the Building should be restored in such a way as to restorealter the Premises materially, repair, or rehabilitate Landlord may cancel this Lease by notice to Tenant given at any time within thirty (30) days after the premisesdate of such damage. In the event of termination of this Lease giving effective notice pursuant to this ParagraphSection, rent this Lease and the term and the estate hereby granted shall be apportioned expire on a per-diem basis to and including the effective date fifteen (15) days after the giving of such terminationnotice as fully and completely as if such date were the date hereinbefore set for the expiration of the term of this Lease. Except as provided in this Paragraph, neither party hereto shall have the right to terminate If this Lease is not so terminated, Landlord will promptly (taking into account the time necessary to obtain required permits and approvals and the time necessary to effectuate a satisfactory settlement with Landlord's insurance company) restore the damage insured by reason Landlord pursuant to Section 10.02. Tenant hereby expressly waives the provisions of damage to, or destruction of, Section 227 of the premises or New York Real Property Law and agrees that the Buildingforegoing provisions of this Section 11.01 shall govern and control in lieu thereof.
Appears in 1 contract
Samples: Paetec Corp
UNTENANTABILITY. If the premises or the Building are made unfit for occupancy by fire or other casualty, acts of God, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor the Premises are damaged or destroyed by fire, or the elements, or any other casualty so that they are unusable by the Tenant, the Landlord shall proceed under within forty-five (b45) above and shall not substantially complete days thereafter make an election to either construct or repair the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor Premises or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by . The Landlord shall give written notice to the other not later than ten (Tenant as to August 10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises2006 Landlord JCO Tenant GC this election. In the event of the termination of this Lease pursuant to this Paragraph, rents shall be proportioned on a per diem basis and shall be paid in full to the date of the fire or other casualty. In the event the Landlord restores and repairs the Premises, then the rent payable by the Tenant shall be abated for the number of days in which the Tenant is prevented from operating his business because of such damage or destruction. In the event the Premises are partly damaged or destroyed by casualty, but are still usable by the Tenant, the Landlord shall cause such damage to be repaired and the minimum rent payable by Tenant shall be proportionately abated during the period of construction. In the event fifty (50%) or more of the rentable area of the entire Building shall be damaged or destroyed by any casualty, regardless of whether the demised Premises described herein are affected by such casualty, the Landlord may, at its option, terminate this Lease by giving the Tenant sixty (60) days prior written notice, and further provided that said notice is delivered to Tenant within thirty (30) days following the date of such casualty. Rent shall then be adjusted to the date of termination, unless the Premises are unusable by Tenant as a result of the casualty, in which event rent shall be apportioned on a per-diem basis adjusted to and including the effective date of such terminationcasualty. Except as provided In the event the Premises are damaged or destroyed by fire or any other casualty caused by the negligence of Tenant or Tenant's agents, employees, or invitees, Landlord shall, in this Paragraphaddition to all other rights and causes of action available to Landlord at law or in equity and all rights under the Lease, neither party hereto shall have the right to terminate this the Lease by reason and/or exercise any other remedy available to Landlord hereunder in the event of damage to, or destruction of, the premises or the BuildingTenant's default.
Appears in 1 contract
UNTENANTABILITY. If the premises Premises is made untenantable in whole or the Building are made unfit for occupancy in part by fire or other casualty, acts the Fixed Monthly Rent, Additional Rent and other charges, until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Premises which is usable by Tenant, if, but only if, such fire or other causecasualty not be caused by Tenant's fixtures or equipment or by fault or negligence of Tenant, Lessor may elect its contractors, agents or employees. If such damage shall be so extensive that the Premises cannot be restored by Landlord within a period of nine (a9) six (6) months either party small have the right to terminate cancel this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten given at any time within thirty (1030) days after the expiration date of said one hundred eighty (180) day periodsuch damage, computed as herein provided, and Lessor except that if such fire or casualty be due to Tenant's fixtures or equipment or due to Tenant's fault or negligence Tenant shall have no liability right to Lessee for failure cancel. If Tenant does not elect to restoreterminaxx xxxs Lease as aforesaid, repairthen Tenant may request in writing, within thirty (30) days after the date of the fire or other casualty, that Landlord provide Tenant with temporary alternative premises ("Temporary Premises") until the restoration of the Premises is substantially complete. Landlord shall use commercially reasonable efforts to provide Tenant with Temporary Premises. Landlord shall be under no obligation to relocate any existing tenant to accommodate Tenant, or rehabilitate to build-out or make any improvements to the premisesTemporary Premises. If the Landlord provides Tenant with Temporary Premises, and the parties mutually agree upon the terms of Tenant's occupancy of the Temporary Premises, including rent for the Temporary Premises, and such other terms and conditions upon which Landlord and Tenant shall mutually agree, then the parties shall execute a written agreement prepared by Landlord's counsel that confirms thx xxxxxxtanding of Landlord and Tenant. Upon the date that Tenant occupies the Temporary Premises, the term of this Lease and all obligations hereunder shall toll until restoration of the Premises is substantially compete. If a portion of the Building other than the Premises shall be damaged that in the opinion of Landlord the Building should be restored in such a way as to alter the Premises materially, Landlord or Tenant may cancel this Lease by notice to the other party given at any time within thirty (30) days after the date of such damage, except that if such fire or casualty be due to Tenant's fixtures or equipment or due to Tenant's fault or negligence Tenant shall have no right to cancel. In the event of termination of this Lease giving effective notice pursuant to this ParagraphSection, rent this Lease and the term and the estate hereby granted shall be apportioned expire on a per-diem basis to and including the effective date fifteen (15) days after the giving of such termination. Except notice as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease is not so terminated, Landlord will promptly (taking into axxxxxx xhe time necessary to obtain required permits and approvals and the time necessary to effectuate a satisfactory settlement with Landlord's insurance company) restore the damage insured by reason Landlord pursuant to Section 10.02. Tenant hereby expressly waives the provisions of damage to, or destruction of, Section 227 of the premises or New York Real Property Law and agrees that the Buildingforegoing provisions of this Section 11.01 shall govern and control in lieu thereof.
Appears in 1 contract
Samples: Logisoft Corp
UNTENANTABILITY. If the premises Premises or the Building are made unfit for occupancy or any substantial part of either is damaged or destroyed by fire or other casualty, acts of Godcause or condition whatsoever, such that the damage or other causedestruction cannot be repaired within one hundred fifty (150) days, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancyLandlord may, by written notice to Lessee Tenant given within ninety thirty (9030) days after that datesuch damage, terminate this Lease as to all the Premises covered by this Lease. If the Premises are damaged or the access or use thereof is materially impaired by the damage, then Landlord's termination shall be effective as of the date of such damage; otherwise said termination shall be effective thirty (30) days after receipt of such notice by Tenant. Landlord agrees to give notice (the "Repair Notice") to Tenant within twenty (20) days after Tenant notifies Landlord of any such fire or other casualty and requests a Repair Notice; the Repair Notice will state the time Landlord requires to repair and restore the Premises and/or Building and will contain either a promise by Landlord to complete the repairs and restoration within such time (subject to force majeure), or (b) a statement by Landlord that it elects to repair, restore, or rehabilitate terminate by reason of the premises or the Building at Lessor's expense damage not being repairable within one hundred eighty fifty (180150) days after Lessor days. If the Repair Notice is enabled not given by Landlord within the time required or does not contain a promise by Landlord to take possession of all damaged areas complete such repairs and to undertake reconstruction or repairs; and if Lessor elects so to repairrestoration within the Required Time (as defined below), restore, or rehabilitate the premises or the Building, Tenant may terminate this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to Landlord provided that Tenant gives such notice within thirty (30)days after expiration of the other not later than ten twenty (1020) day period specified above. The "Required Time" means one hundred twenty (120) days after with respect to any damage that renders thirty percent (30%) or less of the expiration of said Premises unstable for the purposes contemplated herein and one hundred eighty fifty (180150) day perioddays for any other damage. If Landlord fails to complete repairs and restoration within the time stated in the Repair Notice to Tenant other than as a result of force majeure, computed as herein Tenant shall be entitled to terminate this Lease by written notice given to Landlord before the applicable repairs and restoration are complete; provided, and Lessor shall have no liability to Lessee for failure to restorehowever, repair, or rehabilitate the premises. In the event of termination of that before terminating this Lease pursuant to this Paragraphsentence, rent shall be apportioned on a per-diem basis Tenant must first give Landlord at least fifteen (15) days’ notice of Tenant's intention to terminate. If within such fifteen (15) day period, Landlord completes the repairs and including the effective date restoration required of such termination. Except as provided in this Paragraphit, neither party hereto Tenant shall have the no further right to terminate this Lease pursuant to the preceding sentence. Unless this Lease is terminated as hereinabove provided, Landlord shall proceed with due diligence to restore, repair and replace the Premises and Building to substantially the same condition as they were in as of the Commencement Date of this Lease and from and after the date of such damage until the date of completion of said repairs, replacements and restorations, a just proportion of Rent herein shall xxxxx according to the extent the full use and enjoyment of the Premises are materially impaired by reason of damage tosuch damage. Landlord shall be under no duty to restore any alterations, improvements or destruction ofadditions made by Tenant. Landlord's obligations under this Section shall be limited to the extent of insurance proceeds payable as a result of the casualty, the premises cause or the Buildingcondition.
Appears in 1 contract
UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole of in part by fire or other casualty, acts the Rent, until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty was not caused by the fault or negligence of the Tenant, its contractors, agents, or employees. If such damage shall be so extensive that the Premises cannot be restored to tenantability by the Landlord within a period of one hundred eighty (180) days, either party shall have the right to cancel this Lease by notice to the other causegiven at any time within sixty (60) days after the date of such damage; except that if such fire or casualty resulted from the Tenant's fault or negligence, Lessor the Tenant shall have no right to cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to alter the Premises materially, the Landlord may elect cancel this Lease by notice to the Tenant given at any time within sixty (a60) to days after the date of such damage. If more than twenty-five percent (25%) of the Building is made untenantable by fire or other casualty (regardless of whether the Premises are untenantable), Landlord may terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee Tenant within ninety one hundred twenty (90120) days after that datethe date of such casualty. In the event of giving effective notice pursuant to this Section, this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinafter set for the expiration of the term of this Lease. In the even neither Landlord not Tenant cancels the Lease, or (b) if in the Landlord's opinion the Premises can be restored to repair, restore, or rehabilitate the premises or the Building at Lessor's expense tenantability within one hundred eighty (180) days after Lessor is enabled and Landlord wishes to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of effect such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction ofrestoration, the premises or the BuildingLandlord shall, promptly after adjustment of any relevant insurance claims, commence such restoration at Landlord's expense.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Integrated Information Systems Inc)
UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualtycasualty the Rent, acts until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per them basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty be not caused by the fault or negligence of the Tenant, its contractors, agents, or other causeemployees. If such damage shall be so extensive that the Premises cannot be restored to Building Standard by the Landlord within a period of four (4) months, Lessor may elect (a) either party shall have the right to terminate cancel this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten given at any time within thirty (1030) days after the expiration date of said one hundred eighty (180) day periodsuch damage, computed as herein provided, and Lessor except that if such fire or casualty resulted from the Tenant's fault or negligence the Tenant shall have no liability right to Lessee for failure cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to restorealter the Premises materially, repair, or rehabilitate the premisesLandlord may cancel this Lease by notice to the Tenant given at any time within thirty (30) days after the date of such damage. In the event of termination of this Lease giving effective notice pursuant to this ParagraphSection, rent this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinbefore set for the expiration of the Term of this Lease. If this Lease is not so terminated, the Landlord will promptly repair the damage; however, no damage, compensation, or claim shall be apportioned on a per-diem basis to and including payable by Landlord for any inconvenience, loss of business or annoyance arising from the effective date fire or casualty or from any repair or restoration of such termination. Except as provided in this Paragraph, neither party hereto shall have any portion of the right to terminate this Lease by reason of damage to, or destruction of, the premises Premises or the Building.
Appears in 1 contract
Samples: Lease Agreement (Matrix Bancorp Inc)
UNTENANTABILITY. If said Leased Premises shall be partially damaged by fire or other casualty, the premises damage to said Leased Premises (but not to Lessee's property, which shall remain the responsibility of Lessee to repair or replace) shall be repaired by and at the expense of Lessor. Notwithstanding the foregoing, however, fire or other casualty damage to the Leased Premises in amounts of One Thousand Dollars ($1,000.00) or less per occurrence shall be repaired by and at the expense of Lessee. Lessor shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Lessor's control. If all or substantially all of said Leased Premises or the Building Buildings are made unfit for occupancy by fire or other casualty, acts of God, God or other causecauses, Lessor may elect (a) to terminate this Lease as of the date when the premises said Leased Premises or the Building Buildings are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restorerestore or rehabilitate said Leased Premises at Lessee's expense, or rehabilitate the premises or the Building Buildings at Lessor's expense expense, within one hundred eighty ninety (18090) days after Lessor is enabled to take possession of all the damaged areas Leased Premises and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, restore or rehabilitate the premises said Leased Premises or the Building, Buildings this Lease shall not terminate, except as hereinafter provided, but rent shall be abated on a per-per diem basis proportionate to the extent and for the period that the premises said Leased Premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty ninety (18090) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day perioddate when said Leased Premises or the Buildings were so made unfit for occupancy, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty ninety (18090) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction of, the premises or the Building.
Appears in 1 contract
Samples: Lease Agreement (Channelpoint Inc)
UNTENANTABILITY. If the premises Premises or the Building shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to the Premises or the Building shall be repaired by Landlord as soon as practicable under the circumstances. Until such repairs shall be made, Base Rent and other charges shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy or cannot be used, as the case may be. If all or substantially all of the Premises or the Building are damaged or made unfit for occupancy by fire or other casualty, acts of God, or other cause, Lessor Landlord may elect elect: (ai) to terminate this Lease as of the date when the premises Premises or the Building are so made unfit for occupancy, by written notice to Lessee Tenant within ninety (90) days after that such date, or or; (bii) to repair, restore, restore or rehabilitate the premises Premises or the Building Building, at LessorLandlord's expense expense, within one hundred eighty (180) days after Lessor Landlord is enabled to take in possession of all damaged areas insurance proceeds and to undertake necessary permits for reconstruction or repairs; and if Lessor repair. If Landlord elects so to repair, restore, restore or rehabilitate the premises Premises or the Building, this Lease shall not terminate, but rent until such repairs shall be made, Base Rent and other charges shall be abated on a per-per diem basis proportionate to the extent and for the period that the premises Premises or the Building are unfit for occupancyoccupancy or cannot be used, as the case may be. In the event Lessor If Landlord shall proceed under clause (bii) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of LessorLandlord) either Lessor Landlord or Lessee Tenant may then terminate this Lease, as of the last day of such one hundred eighty (180) day perioddate when the Premises or the Building were so made unfit for occupancy, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of a termination of this Lease pursuant to this ParagraphSection 17, rent Base Rent shall be apportioned on a per-per diem basis to and including the effective date of such termination. Except as provided Landlord shall incur no liability on account of any delay in this Paragraph, neither party hereto shall have the right completion of any repairs to terminate this Lease be made by Landlord which may arise by reason of damage toadjustment of insurance, labor difficulties, or destruction of, the premises or the Buildingany other cause beyond Landlord's control.
Appears in 1 contract
Samples: Ydi Wireless Inc
UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualtycasualty the Rent, acts until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty be not caused by the gross negligence or willful misconduct of the Tenant, its contractors, agents, or other causeemployees. If such damage shall be so extensive that the Premises cannot be restored to Building Standard by the Landlord within a period of four (4) months, Lessor may elect (a) either party shall have the right to terminate cancel this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten given at any time within thirty (1030) days after the expiration date of said one hundred eighty (180) day periodsuch damage, computed as herein provided, and Lessor except that if such fire or casualty resulted from the gross negligence or willful misconduct of Tenant the Tenant shall have no liability right to Lessee for failure cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to restorealter the Premises materially, repair, or rehabilitate the premisesLandlord may cancel this Lease by notice to the Tenant given at any time within thirty (30) days after the date of such damage. In the event of termination of this Lease giving effective notice pursuant to this Paragraphsection, rent this Lease and the term and the estate hereby granted shall be apportioned expire on a per-diem basis to the date fifteen (15) days after the giving of such notice as fully and including completely as if such date were the effective date hereinbefore set for the expiration of the Term of this Lease. If this Lease is not so terminated, the Landlord will promptly repair the damage. In the event that Landlord has not completed any such repairs within six (6) months after the date of casualty (as the same may be extended, not to exceed eight [8] months after the date of casualty, due to delays outside Landlord’s reasonable control) (the “Outside Repair Date”), at any time after the Outside Repair Date, but prior to the date that such termination. Except as provided in this Paragraphrepairs are completed, neither party hereto shall have the right Tenant may give notice to Landlord of its intent to terminate this Lease by reason Lease, and if Landlord still fails to complete the repairs within thirty (30) days of damage toTenant’s notice, or destruction ofTenant may, the premises or the Buildingas its sole and exclusive remedy, terminate this Lease.
Appears in 1 contract
UNTENANTABILITY. Unless all or substantially all of the Building is made unfit for occupancy by fire or other casualty, acts of God or other cause, if the Premises shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to the Premises shall be repaired by the Landlord, and the rent until such repairs shall be made shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy. Landlord shall incur no liability on account of any delay in the completion of such repairs which may arise by reason of adjustment of insurance, labor difficulties or any other cause beyond Landlord’s control. If all or substantially all of the premises Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God, God or other cause, Lessor may elect Landlord shall repair, restore or rehabilitate the Premises or the Building at Landlord’s expense. In such event, rent shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy, provided that if such repairs are not restored or repaired within two hundred ten (210) days after commencement of such restoration or repair, as mutually agreed by Landlord and Tenant, then: (a) Tenant shall have the right to terminate this Lease, as of the date when the Premises were rendered untenantable, by notice to Landlord not later than sixty (60) days from the date Landlord and Tenant acknowledge that the Premises are incapable of being repaired or restored within the aforesaid two hundred ten (210) day period. If, during the final two (2) years of the Term (as may be extended), all or substantially all of the Premises or the Building are made unfit for occupancy by fire or other casualty, acts of God or other cause, Landlord may elect to terminate this Lease as of the date when the premises Premises or the Building are so made unfit for occupancy, by written notice to Lessee Tenant within ninety (90) days after that datedate unless, within thirty (30) days following receipt of Landlord’s notice to terminate, Tenant exercises an Option to Renew. Any termination of this Lease pursuant to this Section 15 shall be effective as of the date when the Premises were rendered untenantable. In the event neither Landlord or (b) Tenant elect to terminate this Lease, Landlord shall proceed to diligently repair, restore, restore or rehabilitate the premises or the Building Premises, as improved and supplemented, at Lessor's expense within one hundred eighty (180) days Landlord’s expense, as soon as reasonably possible after Lessor Landlord is enabled able to take possession of all the damaged areas Premises and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this ParagraphSection 15, rent Annual Base Rent shall be apportioned on a per-per diem basis up to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction of, the premises or the Building.
Appears in 1 contract
UNTENANTABILITY. If In the premises or the Building event (a) Premises are made unfit for occupancy untenantable by fire or other casualty, acts of God, casualty and Landlord shall decide not to restore or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that daterepair same, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled so damaged by fire or other casualty that Landlord shall decide to take possession of all damaged areas and to undertake reconstruction demolish or repairs; and if Lessor elects so to repairnot rebuild the same, restorethen, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day in any of such one hundred eighty (180) day periodevents, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto Landlord shall have the right to terminate this Lease by reason notice to Tenant within ninety (90) days after the date of damage tosuch fire or other casualty and the Rent shall be apportioned on a per diem basis and paid to the date of such fire or other casualty. In the event the Premises are made untenantable by fire or other casualty and Landlord shall decide to rebuild and restore the same, this Lease shall not terminate and Landlord shall repair and restore the Premises at Landlord's expense and with due diligence, subject, however, to (i) reasonable delays for insurance adjustments and (ii) delays caused by forces beyond Landlord's control, and the Rent shall xxxxx on a per diem basis the period or destruction ofreconstruction and repair. In the event the Premises are partially damaged by fire or other casualty but are not made wholly untenantable, then Landlord shall, except during the last year of the term hereof proceed with all due diligence to repair and restore the Premises, subject, however, to (i) reasonable delays for insurance adjustments, and (ii) delays caused by forces beyond Landlord's control. In such event, the premises Rent shall xxxxx in proportion to the nonusability of the Premises during the period while repairs are in progress. If the Premises are made partially untenantable as aforesaid during the last year of the Term hereof, as said Term may have been extended or renewed either Tenant or Landlord shall have the Buildingright to terminate this Lease as of the date of fire or other casualty, in which event, the Rent shall be apportioned on a per diem basis and paid to the date of such fire or other casualty.
Appears in 1 contract
Samples: Platinum Technology Inc
UNTENANTABILITY. If the condition referred to in Section 9.2 is such so as to make the entire premises untenantable, then the rental which Tenant is obligated to pay hereunder shall abatx xx of the date of the occurrence until the premises have been fully and completely restored by Landlord. Any unpaid or prepaid rent for the month in which said condition occurs shall be prorated. If the premises are partially damaged or destroyed, then during the Building period that Tenant is deprived of the use of the damaged portion of said premises, Tenant shall be required to pay rental covering only that Part of the premises that it is able to occupy, based on the portion of the total rent which the amount of square foot area remaining that can be occupied bears to the total square foot area of all premises covered by this Lease. In the event the premises are made unfit for occupancy substantially or totally destroyed by fire or other casualtycasualty so as to be entirely untenantable, acts of God, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within and it shall require more than ninety (90) days after that datefrom the date of said fire or other casualty for Landlord to complete restoration of same, or (b) then Landlord, upon written notice to repairTenant, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of in which case the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis and paid to and including the effective date of said fire or other casualty. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of insurance claims, and for such terminationother delays as may result from government restrictions, and controls on construction, if any, and or strikes, national emergencies and other conditions beyond the control of Landlord. Except as provided in this ParagraphNo compensation, neither party hereto shall have the right to terminate this Lease or claim, or diminution of rent will be allowed or paid by Landlord, by reason of damage toor inconvenience, annoyance, or destruction ofinjury to business, arising from the premises necessity of repairing the Demised Premises or any portion or the Buildingbuilding of which they are a part.
Appears in 1 contract
Samples: Template Software Inc
UNTENANTABILITY. If the premises Demised Premises or the Building building in which they are located are made unfit for occupancy by the elements, fire or other casualty, acts of God, or other cause, Lessor the Landlord may elect (a) to terminate this Lease as of the date time when the premises or the Building building are so made unfit for occupancy, by written notice to Lessee the Tenant within ninety (90) days after that dateoccurrence. In the alternative, Landlord may elect to repair the building or (b) to repair, restore, or rehabilitate the premises or at the Building at LessorLandlord's expense within one hundred eighty (180) days after Lessor the Landlord is enabled to take possession of all the damaged areas premises and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, in which event this Lease shall not terminate, but rent shall be abated on a per-per diem basis to the extent and basis, prorata, for the period that portion of the premises are Demised Premises rendered unfit for occupancy. In If the event Lessor shall proceed under (b) above Landlord elects to so repair, restore or rehabilitate the building or the premises and shall does not substantially complete compete the work within said one hundred eighty (180) day period (days period, excluding from said period loss of time resulting from delays caused by the delay beyond the reasonable control of Lessor) the Landlord, then either Lessor or Lessee party may then terminate this Lease, Lease as of the last day of such one hundred eighty (180) day periodtime when the premises or the building were made unfit for occupancy, by written notice to the other party not later than ten thirty (1030) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisesso computed. In the event of termination of this the Lease pursuant to this Paragraphsection, rent rent, including any escalation thereof, shall be apportioned on a per-per diem basis and shall be paid to and including the effective date of such termination. Except as provided Anything herein stated to the contrary notwithstanding, in this Paragraphthe event that the building in which the Demised Premises are located shall be damaged in any way whatsoever, neither party hereto and the estimated cost of repairing such damage shall exceed one-half (1/2) of the value of the building at the time of the happening of such damage by reason of such damage, the Landlord may decide to demolish said building and rebuild the same and, in such event, the Landlord shall have the right to terminate this Lease by reason giving to the Tenant thirty (30) days' written notice of damage to, or destruction of, the premises or the Buildingsuch termination.
Appears in 1 contract
UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualty, acts the Rent, until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty was not caused by the fault or negligence of the Tenant, its contractors, agents, or employees. If such damage shall be so extensive that the Premises cannot be restored to tenantability by the Landlord within a period of one hundred eighty (180) days, either party shall have the right to cancel this Lease by notice to the other causegiven at any time within sixty (60) days after the date of such damage; except that if such fire or casualty resulted from the Tenants fault or negligence, Lessor the Tenant shall have no right to cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to alter the Premises materially, the Landlord may elect cancel this Lease by notice to the Tenant given at any time within sixty (a60) to days after the date of such damage. If more than twenty-five percent (25%) of the Building is made untenantable by fire or other casualty (regardless of whether the Premises are untenantable), Landlord may terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee Tenant within ninety one hundred twenty (90120) days after that datethe date of such casualty. In the event of giving effective notice pursuant to this Section, this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinafter set for the expiration of the term of this Lease. In the even neither Landlord not Tenant cancels the Lease, or (b) if in the Landlord's opinion the Premises can be restored to repair, restore, or rehabilitate the premises or the Building at Lessor's expense tenantability within one hundred eighty (180) days after Lessor is enabled and Landlord wishes to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of effect such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction ofrestoration, the premises or the Building.Landlord shall,
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Samples: Lease (Business Resource Group)
UNTENANTABILITY. If the premises Premises or the Building are made unfit for occupancy untenantable by fire or other casualty, acts of God, or other cause, Lessor the Landlord may elect (a) to terminate this Lease Agreement as of the date when the premises or the Building are so made unfit for occupancy, of such casualty by written notice to Lessee the Tenant within ninety (90) thirty days after that date, or (b) to repair, restore, or rehabilitate repair all damage to the premises Premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled so that the same shall be restored to take possession of all damaged areas and such condition as existed immediately prior to undertake reconstruction or repairs; and if Lessor such damage. If the Landlord elects so to repairterminate this Agreement, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis and be paid to the extent date of the fire or casualty. If the Landlord elects to restore the Premises and Building, such restoration shall be completed with reasonable promptness in substantially the same condition as existed immediately prior to the casualty. If the Premises are unusable during such restoration, or if the Tenant is reasonably required to close its operations while such repairs are made, the rent shall abatx xxxing such period of repair while such operations have ceased. If the Tenant continues to operate on the Premises during such repairs, but is unable to use a substantial portion of the Premises, then the rent shall be prorated in the proportion which the area of unusable leased space bears to the total Premises for the period that said space is unusable. The Landlord will not be liable for business losses to the premises Tenant by reason of damage to the Premises except for that damage caused by the negligent or willful actions of the Landlord. Notwithstanding anything contained in this Section 9 to the contrary, if the Premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work or cannot be made tenantable within said one hundred eighty twenty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10120) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraphthe casualty for any reason whatsoever, neither party hereto shall have the right to Tenant may terminate this Lease by reason of damage to, or destruction of, Agreement and the premises or the BuildingLease.
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Samples: Industrial Lease Agreement (PCD Inc)
