DAMAGE BY FIRE OR OTHER CAUSE. 17.01. If the Leased Property shall be damaged by fire or other cause, Tenant shall promptly notify Landlord thereof. If the damage is of such an extent as to interfere materially with Tenant' s ability to conduct its operations at the Building, Landlord shall, at Tenant's option as determined by Tenant by written notice to Landlord given not more than 60 days following such fire or other casualty, either (a) repair and restore any damaged portions of the Leased Property to a condition suitable for Tenant's use, as promptly as reasonably practicable, to the extent of and subject to receipt of insurance proceeds from Landlord's insurer (plus an amount equal to the amount of any applicable deductible) sufficient to pay the cost of such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficient, Tenant shall be solely responsible for the cost (or the balance of the cost, as the case may be) to so repair and restore, or (b) terminate this Lease by written notice to Tenant sent not later than 60 days following such fire or other casualty, in which event the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for the portion of the Leased Property which is not usable by Tenant in the ordinary conduct of its business from the date of such damage or destruction until the date on which the Leased Property become usable by Tenant for the ordinary conduct of its business. There shall be no abatement of Fixed Rent or Additional Rent for any period of time for that portion of the Leased Property which Tenant continues to occupy or has reoccupied. If there shall be any delay in the process of restoration and repair due to any act or omission on the part of Tenant, Fixed Rent and Additional Rent shall commence on the date the Leased Property would have otherwise been completed but for such delay, as shall be determined by Landlord in its judgment reasonably exercised. No penalty or damage shall accrue for delays which may arise by reason of adjustment of insurance on the part of Landlord, or for delays on account of Force Majeure. Upon terminati...
DAMAGE BY FIRE OR OTHER CAUSE. 10.01 If the Building or the demised premises shall be partially or totally damaged or destroyed by fire or other cause, then whether or not the damage or destruction shall have resulted from the fault or neglect of Tenant, or its employees, agents or visitors (and if this Lease shall not have been terminated as in this Article 10 hereinafter provided), Landlord shall repair the damage and restore and rebuild the Building and/or the demised premises, at its expense (without limiting the rights of Landlord under any other provisions of this Lease), with reasonable dispatch after notice to it of the damage or destruction; provided, however, that Landlord shall not be required to repair or replace any of Tenant's property.
DAMAGE BY FIRE OR OTHER CAUSE. Section 16.01. Subject to Sections 16.02 and 16.03 hereof, if the Building is damaged by fire or other casualty so as to affect the Premises, Tenant shall immediately notify Landlord, who shall (but only if the proceeds from Landlord's insurance available to Landlord
DAMAGE BY FIRE OR OTHER CAUSE. 10.01. If the Demised Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt notice thereof to Landlord and this Lease shall continue in full force and effect except as hereinafter set forth.
DAMAGE BY FIRE OR OTHER CAUSE. Section 10.01. If the Demised Premises, including, without limitation, access to the Demised Premises and any part of the Building that provides essential services to the Demised Premises shall be damaged by fire or other casualty in whole or in part, the damage shall be repaired by and at the expense of Landlord and the minimum rent and additional rent pursuant to the provisions of Article 22 until such repairs shall be made, shall be apportioned according to the part of the Demised Premises which is usable by Tenant. Landlord shall have no responsibility to repair any damage to Tenant's work (as referred to in Section 5.01), the same being the responsibility of Tenant. No penalty shall accrue for delays which may arise by reason of adjustment of insurance by Landlord, unavoidable delays (as hereinafter defined), or any other cause beyond Landlord's reasonable control. Tenant shall give notice to Landlord promptly upon learning thereof in case of fire or other damage to the Demised Premises. If the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild it (whether or not the Demised Premises shall have been damaged), Landlord at its election may terminate this Lease by written notice to Tenant, within sixty (60) days after such fire or other casualty, and thereupon the term of this Lease shall expire by lapse of time upon the third (3rd) day after such notice is given, and Tenant shall vacate and surrender the Demised Premises to Landlord. Tenant shall not be liable under this Lease for anything accruing after the date of such expiration. However, if more than twenty-five (25%) percent of the rentable square feet of the Demised Premises shall be damaged during the last two (2) years of the term hereof, either Landlord or Tenant, at its election, may terminate this Lease by written notice to the other within sixty (60) days after such fire or other casualty, and thereupon this Lease shall end upon the third (3rd) day after such notice is given, and Tenant shall vacate and surrender the Demised Premises to Landlord. Notwithstanding the foregoing provisions of this Section 10.01, within sixty (60) days after such casualty, Landlord shall provide Tenant with an estimate as to the time reasonably required to repair such damage. If such period exceeds nine (9) months from the date of such casualty, Tenant may elect to terminate this Lease by notice to Landlord not later than ten (10) days following Tenant's receipt of such estimate...
DAMAGE BY FIRE OR OTHER CAUSE. 17.1 If the Demised Premises shall be partially damaged by fire or other cause without the default or neglect of Tenant, Tenant's servants, employees, agents, visitors or licensees, the damages shall be repaired by and at the expense of Landlord and until such repairs shall be completed the Fixed Rent shall be apportioned according to the part of the Demised Premises which is usable by Tenant. But if partial damage is due to the fault or neglect of Tenant, Tenant's servants, employees, agents, visitors or licensees, without prejudice to any other rights and remedies of Landlord and without prejudice to the rights of subrogation of Landlord's insurer, the damages shall be repaired by Landlord but there shall be no apportionment or abatement of rent. No penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord, or for reasonable delay on account of "labor troubles," or for Acts of God, or any other cause beyond Landlord's control, or any combination thereof. If the Demised Premises are totally or substantially damaged or are rendered wholly or substantially untenantable by fire or other cause, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the Demised Premises shall have been repaired and restored by Landlord, subject to Landlord's right to elect not to restore the same as hereinafter provided. If the Demised Premises are rendered substantially unusable or (whether or not the Demised Premises are damaged in whole or in part) if the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild it, then or in any of such events Landlord may, within ninety (90) days after such fire or other cause, give Tenant a notice in writing of such decision, which notice shall be given as in Article 24 hereof provided, and thereupon the term of this Lease shall expire by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Demised Premises and surrender the same to Landlord. Upon the termination of this Lease under the conditions provided for in the sentence immediately preceding, Tenant's liability for rent shall cease as of the day following the casualty. Tenant hereby expressly waives the provision of Section 227 of the Real Property Law and agrees that the foregoing provision of this Article shall govern and control in lieu thereof, this Article being an express agreement....
DAMAGE BY FIRE OR OTHER CAUSE. Section 16.01 Subject to Sections 16.02 and 16.03 hereof, if the Building is damaged by fire or other casualty so as to affect the Premises, Tenant shall immediately notify Landlord, who shall, but only if the proceeds from Landlord’s insurance available to Landlord (i) are free from collection by Landlord’s mortgagee and (ii) are sufficient, have the damage repaired, including any damages to the Leasehold Improvements, with reasonable speed at the expense of Landlord, subject to delays which may arise by reason of adjustment of loss under insurance policies and to other delays beyond Landlord’s reasonable control. Provided such damage was not the result of the negligence or willful misconduct of Tenant, or Tenant’s employees or invitees, an abatement in the Rental hereunder shall be allowed as to that portion of the Premises rendered untenantable by such damage until such time as Landlord determines that such damaged portion of the Premises has been made tenantable for Tenant’s use.
DAMAGE BY FIRE OR OTHER CAUSE. SECTION 15.1 If the Building or any portion thereof is damaged or destroyed by any casualty to the extent that, in Landlord's reasonable judgment, (a) repair of such damage or destruction would not be economically feasible, or (b) the damage or destruction to the Building cannot be repaired within three hundred sixty (360) days after the date of such damage or destruction, or if the proceeds from insurance remaining after any required payment to any mortgagee or lessor of Landlord are insufficient to repair such damage or destruction, then both Landlord and Tenant shall have the right to terminate this Lease by giving written notice of such termination to the other within sixty (60) days after the date of such damage or destruction.
DAMAGE BY FIRE OR OTHER CAUSE. 16.01 Tenant shall give prompt notice to Landlord in case of fire or other damage to the Demised Premises.
DAMAGE BY FIRE OR OTHER CAUSE. Section 14.1 Except as otherwise expressly provided in this Article 14, if the Building (or any portion thereof) or the Premises is damaged or destroyed during the Term, Landlord shall diligently repair and restore the Building and, if applicable, the Premises (exclusive of the Premises Improvements and Tenant’s Property), as the case may be, as soon as reasonably possible to substantially the condition in which the Building and, if applicable, the Premises, existed immediately prior to such damage or destruction (exclusive of the Premises Improvements and Tenant’s Property). Except as otherwise expressly provided in this Article 14, if the Premises Improvements and Tenant’s Property (or any portion thereof) are damaged or destroyed during the Term, Tenant shall diligently repair or restore, in accordance with the provisions governing Alterations as set forth in Section 9, the Premises Improvements and Tenant’s Property in the Premises as soon as reasonably possible to substantially the condition in which such items existed immediately prior to such damage or destruction.
