Damage to Demised Premises. Section 1. Abatement or Adjustment of Rent. If the whole or any part of the Leased Premises shall be damaged or destroyed by fire or other casualty after the execution of this Lease and before the termination hereof, then in every case the rent reserved in Article IV herein and other charges, if any, shall be abated or adjusted, as the case may be, in proportion to that portion of the Leased Premises of which Tenant shall be deprived on account of such damage or destruction and the work of repair, restoration, rebuilding, or replacement or any combination thereof, of the improvements so damaged or destroyed, shall in no way be construed by any person to effect any reduction of sums or proceeds payable under any rent insurance policy.
Damage to Demised Premises. If, at any time during the term of this Lease, the Demised Premises is destroyed or damaged in whole or in part by fire or other cause within the extended coverage of the casualty insurance policies required to be carried by Tenant in accordance with this Lease, Tenant shall cause the same to be repaired, replaced or rebuilt within twelve (12) months after receipt by Tenant of insurance proceeds payable under such casualty insurance policies. Tenant’s rebuilding obligations shall not be reduced by any shortfall in receipt of insurance proceeds or any failure to receive insurance proceeds as a result of said casualty. Tenant shall bear the risk of uninsured casualties and of under-insurance. Tenant shall not be entitled to any reduction or abatement of rent as a result of any casualty. Notwithstanding the foregoing, if the Demised Premises are destroyed or damaged at any time during the last three (3) years of the term of this Lease (including the last three [3] years of any exercised Option Period) to the extent that, in Tenant’s reasonable discretion, the Demised Premises are not usable in their damaged condition for the normal conduct of Tenant’s business, then Tenant may, upon written notice to Landlord, elect to terminate this Lease. In such event, Tenant shall bear the risk of uninsured casualties and of under-insurance, and shall place the Demised Premises in a safe condition and pay to Landlord all insurance proceeds received by Tenant plus the amount of any deductible carried by Tenant and any other amount necessary to equal the entire sum necessary to rebuild the Demised Premises (but excluding any ancillary insurance proceeds unrelated to the costs of rebuilding the Demised Premises). Such termination shall be effective on the date stated in Tenant's notice to Landlord and neither Landlord nor Tenant shall have any further obligations hereunder after such date, and Tenant’s obligation to pay rent shall likewise cease.
Damage to Demised Premises. In the event the Demised Premises is partially or totally destroyed by fire or other casualty, then, subject to the following terms of this Article, Landlord shall repair or restore the same to substantially the same condition as existed prior to such fire or other casualty. Notwithstanding the foregoing provision, in the event the Demised Premises or any portion of the Building is partially or totally destroyed by fire or other casualty and such damage will cost in excess of Two Hundred Thousand Dollars ($200,000) to repair or restore, Landlord in its sole discretion shall have the option to either rebuild and repair the Demised Premises or damaged portion of the Building or to terminate this Lease. Landlord shall give notice in writing to Tenant of Landlord's election to rebuild and repair or to terminate this Lease, as the case may be, within thirty (30) days of the happening of the event of destruction or damage ("Landlord's Casualty Election"). Landlord shall use all commercially reasonable efforts to provide temporary premises, in another school owned or run by Landlord and, if reasonably possible, located within a radius of 5 miles of the Demised Premises, for Tenant following a casualty loss unless Landlord has elected to terminate the Lease as permitted above; provided, however, that Landlord shall have no obligation to provide temporary premises for Tenant if the period in which the Demised Premises are unavailable for Tenant's use is ten (10) days or less. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, and if Landlord does not provide temporary premises as required above, or if the temporary premises offered to Tenant is outside of the 5 mile radius of the Demised Premises, Tenant shall have the option to terminate the Lease, so long as Tenant provides written notice to Landlord of Tenant's exercise of the option to terminate within thirty
Damage to Demised Premises. If any portion of the Demised Premises shall be damaged or destroyed by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord ("Tenant's Notice of Damage").
Damage to Demised Premises. If the Demised Premises shall be damaged by fire or other casualty, then, except as otherwise provided in subparagraphs (b) and (c) hereof, Landlord, at Landlord’s expense, shall promptly restore the Demised Premises, and Tenant, at Tenant’s sole expense, shall promptly restore all leasehold improvements installed in the Demised Premises by Tenant or at Tenant’s request and its own furniture, furnishings, trade fixtures and equipment. No penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord, or on account of labor problems, or any other cause beyond Landlord’s reasonable control. If the damage or destruction is such as to make the Demised Premises or any substantial part thereof untenantable (in Landlord’s judgment), and provided that such damage or destruction is not due in whole or part to the act or omission of Tenant or Tenant’s agents, employees or invitees, the Base Annual Rent shall xxxxx proportionately (based on proportion of the number of square feet rendered untenantable to the total number of square feet of the Demised Premises), from the date of the damage or destruction until the date the Demised Premises has been restored by Landlord.
Damage to Demised Premises. In the event the Demised Premises is partially or totally destroyed by fire or other casualty, then, subject to the following terms of this Article, Landlord shall repair or restore the same to substantially the same condition as existed prior to such fire or other casualty. Notwithstanding the foregoing provision, in the event the Demised Premises or any portion of the Building is partially or totally destroyed by fire or other casualty and such damage will cost in excess of Two Hundred Thousand Dollars ($200,000.00) to repair or restore, Landlord in its sole discretion shall have the option to either rebuild and repair the Demised Premises or damaged portion of the Building or to terminate this Lease. Landlord shall give notice in writing to Tenant of Landlord’s election to rebuild and repair or to terminate this Lease, as the case may be, within thirty (30) days of the happening of the event of destruction or damage (“Landlord’s Casualty Election”). Landlord shall use all commercially reasonable efforts to provide temporary premises, in another building owned or run by Landlord for Tenant following a casualty loss unless Landlord has elected to terminate the Lease as permitted above; provided, however, that Landlord shall have no obligation to provide temporary premises for Tenant if the period in which the Demised Premises are unavailable for Tenant’s use is twenty
Damage to Demised Premises. 9.1 Abatement or Adjustment of Rent. If the whole or any part of the Leased Premises shall be damaged or destroyed by fire or other casualty after the execution of this Lease and before the termination hereof, then in every case the rent reserved in Article III herein and other charges, if any, shall be abated or adjusted, as the case may be, in proportion to that portion of the Leased Premises of which Party B shall be deprived on account of such damage or destruction and the work of repair, restoration, rebuilding, or replacement or any combination thereof. .
Damage to Demised Premises. (a) In the event that the Demised Premises is totally destroyed or so damaged by fire or other casualty not occurring through fault or negligence of the Tenant or those employed by or acting for him, that, in Landlord's judgment, the same cannot be repaired or restored within one hundred eighty (180) days, this Lease shall absolutely cease and determine, and the rent shall abate as of the date of casualty for the balance of the term. If Xxxdlord cannot locate alternate space for Tenant to continue operation during the course of the repairs, then Tenant shall have the right to terminate this Lease within thirty (30) days.
Damage to Demised Premises. The Tenant will not xxxx paint drill or in any way deface any wall ceiling partition floor wood or other parts of the Demised Premises except where such action is required or necessary for renovation in accordance with such plans which have been approved by the Landlord.
Damage to Demised Premises. 11.1 In the event that the Demised Premises are totally destroyed, or so damaged by fire or other casualty not occurring through the fault or negligence of Tenant, its employees, agents or business invitees, that the same, in the opinion of Landlord, cannot be repaired and restored within a period of six (6) months, this Lease shall absolutely cease and terminate and the Rent shall be apportioned as of the date of the casualty and xxxxx for the balance of the term. Landlord shall serve notice upon Tenant within thirty (30) days after the casualty as to whether the Demised Premises can and will in fact be repaired and restored within the six (6) month period.
