Premises Total Destruction. PREMISES BUILDING TOTAL DESTRUCTION; CENTER BUILDINGS TOTAL DESTRUCTION.
Premises Total Destruction. The following language replaces the language contained in Paragraph 9.1(b) of the Lease:
Premises Total Destruction. If the Premises Total Destruction that is an Insured or Uninsured Loss occurs, unless solely caused by a negligent or willful act of Tenant (in which event Tenant shall be responsible for any cost of the repairs not covered by insurance proceeds and this Lease shall continue in full force and effect), either Landlord or Tenant may, upon written notice within thirty (30) days following receipt by Tenant of Landlord’s reasonable determination of Total Destruction, terminate this Lease. If the Lease is not terminated by either party, then Landlord shall, at Landlord’s expense, repair such damage (but not Tenant’s Trade Fixtures or Tenant-Owned Alterations and Utility Installations) as soon as reasonably possible, but only to the extent of the available insurance proceeds, if any, and the deductibles and this Lease shall continue in full force and effect.
Premises Total Destruction. PREMISES BUILDING TOTAL DESTRUCTION; INDUSTRIAL CENTER BUILDINGS TOTAL DESTRUCTION. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage, whether or not it is an Insured Loss, and such damage falls into the classification of (a) Premises Total Destruction, or (b) Premises Building Total Destruction, or (c) Industrial Center Buildings Total Destruction, then Lessor may at its option either (y) repair such damage, but not Lessee's fixtures, equipment, or tenant improvements, as soon as reasonably possible at Lessor's expense, and this Lease shall continue in full force and effect, or (z) give written notice to Lessee within thirty (30) days after the date of occurrence of such damage, of Lessor's intention to cancel and terminate this Lease, in which case this Lease shall be canceled and terminated as of the date of the occurrence of such damage.
Premises Total Destruction. If at any time during the term of this Agreement there is damage to the PREMISES, whether or not it is an Insured Loss, and which falls into the classifications of Premises Total Destruction, then LESSOR may at LESSOR’S option either (i) repair such damage or destruction (but not LESSEE’S fixtures, equipment or improvements) as soon as reasonably possible at LESSOR’S expense, and this Lease shall continue in full force and effect, or (ii) give written notice to LESSEE within thirty (30) days after the date of occurrence of such damage of LESSOR’S intention to cancel and terminate this Agreement, in which case this Agreement shall be cancelled and terminated as of the date of the occurrence of such damage; provided, however, that in the event of cancellation of this Agreement, LESSOR shall provide LESSEE with alternative housing as soon thereafter as reasonably possible, for the balance of the school year, at another school site or LESSOR-owned property that best meets LESSEE’s needs and the requirements of Education Code section 47614, considering the availability of alternative properties at the time the total destruction arises. LESSOR shall use best efforts to provide alternative housing for LESSEE’s entire student population, if possible. In no event shall LESSOR be required to provide LESSEE with facilities that are not owned by LESSOR or to compensate LESSEE for funds expended by LESSEE seeking private, alternative housing.
Premises Total Destruction. Premises Building Total Destruction; Industrial Center Buildings Total Destruction 27
Premises Total Destruction. Premises Building Total Destruction; Industrial Center Buildings Total Destruction................................ 29 9.4 Damage Near End of Term............................ 29 9.5 Abatement of Rent; Tenant's Remedies............... 30 9.6 Termination -- Advance Payments.................... 30 9.7 Waiver............................................. 31
Premises Total Destruction. If the Premises and/or the improvements (other than Alterations, Trade Fixtures and damage to any items which Tenant has the responsibility to repair or replace pursuant to the provisions of Paragraph 10.01) is damaged or destroyed, which damage or destruction is greater than fifty percent (50%) of the replacement cost thereof, then either party may terminate this Lease by giving written notice to the other within (30) days after the occurrence of such damage or destruction, which termination shall be effective sixty (60) days following the date of such notice. If neither party shall elect to terminate this Lease, then Landlord shall repair such damage (but not Tenant’s Trade Fixtures or Alterations) as soon as reasonably possible and this Lease shall continue in full force and effect.
Premises Total Destruction. Paragraph 53 is hereby amended and restated to include the following language as the final sentence of this paragraph:
Premises Total Destruction. 30 9.4. Damage Near End of Term ................................................................................ 31 9.5. Abatement of Rent; Lessee's Remedies ................................................................... 32
