Common use of Damage to the Demised Premises Clause in Contracts

Damage to the Demised Premises. In the event the Demised Premises are damaged by fire, explosion or any other casualty, the damage shall promptly be repaired by Landlord at Landlord's expense, provided (i) no Event of Default shall exist at the time of such casualty, (ii) sufficient insurance proceeds shall be made available in a timely manner to Landlord to pay for such reconstruction, and (iii) Tenant shall have in writing agreed to occupy the Demised Premises after reconstruction for the full remaining portion of the Demised Term. If any of the requirements in (i) - (iii) of the preceding sentence shall not be satisfied, Landlord may in its sole discretion, terminate the Lease and be under no further obligation to Tenant. In no event shall Landlord be required to repair or replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. If the casualty, repairing, or rebuilding shall render the Demised Premises untenantable, in whole or in part, and the damage shall not have been due to the default or neglect of Tenant, then a proportionate abatement of the rent shall be allowed from the date when the damage occurred until the date Landlord completes its work, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenantable bears to the floor space of the Demised Premises. Tenant shall have the option to terminate the Lease if the Demised Premises cannot be fully restored within six (6) months of the date of damage.

Appears in 3 contracts

Samples: Lease (Thermoview Industries Inc), Lease (Thermoview Industries Inc), Lease (Thermoview Industries Inc)

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Damage to the Demised Premises. In If the event Demised Premises shall be damaged by fire or other cause without the fault or neglect of Lessee, Lessor shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effectuate a satisfactory settlement with any insurance company) repair such damage (but excluding Lessee's furniture, fixtures, furnishings, equipment, improvements and/or alterations) at the expense of the Lessor, and the Monthly Base Rent shall be reduced in proportion to the extent the Demised Premises are rendered untenantable, until such repairs are completed, provided, however, that if the Building is damaged by fire, explosion fire or any other casualty, cause to such extent that the damage shall promptly be repaired by Landlord at Landlord's expense, provided (i) no Event of Default shall exist at the time of such casualty, (ii) sufficient insurance proceeds shall be made available in a timely manner to Landlord to pay for such reconstruction, and (iii) Tenant shall have in writing agreed to occupy the Demised Premises after reconstruction for the full remaining portion of the Demised Term. If any of the requirements in (i) - (iii) of the preceding sentence shall cannot be satisfied, Landlord may in its sole discretion, terminate the Lease and be under no further obligation to Tenant. In no event shall Landlord be required to repair or replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. If the casualty, repairing, or rebuilding shall render the Demised Premises untenantable, in whole or in part, and the damage shall not have been due to the default or neglect of Tenant, then a proportionate abatement of the rent shall be allowed fully repaired within ninety (90) days from the date when of such damage, and further provided that Lessor terminates the lease(s) of any other premises which are damaged by the same fire or cause to the extent that the damage occurred until cannot be fully repaired within ninety (90) days from the date Landlord completes its workof such damage, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenantable bears to the floor space of the Demised Premises. Tenant Lessor shall have the option of terminating this Lease by giving written notice to terminate Lessee of such decision and the Lease if Term shall terminate on the Demised Premises cannot day such notice is given. Notwithstanding the foregoing, in the event the Building shall be fully restored within six damaged or destroyed by fire or other casualty during the last twelve (612) months of the Lease Term, Lessor shall have no obligation to rebuild the Demised Premises, and upon giving Lessee notice of Lessor's election not to rebuild the Demised Premises, this Lease shall cease and determine as fully as if the date of damagesuch notice were the scheduled termination date of this Lease. No compensation or claim or reduction of Rent will be allowed or paid Lessor by reason of inconvenience, annoyance, or injury to business arising from the necessity of repairing the Demised Premises or any portion of the Building however the necessity may occur.

Appears in 2 contracts

Samples: Abovenet Communications Inc, Abovenet Communications Inc

Damage to the Demised Premises. In the event the Demised Premises are damaged by fire, explosion or any other casualty, the damage shall promptly be repaired by Landlord at Landlord's expense, provided (i) no Event of Default shall exist at the time of such casualty, (ii) sufficient insurance proceeds shall be made available in a timely manner to Landlord to pay for such reconstruction, and (iii) Tenant shall have in writing agreed to occupy the Demised Premises after reconstruction for the full remaining portion of the Demised Term. If any of the requirements in (i) - (iiii)-(iii) of the preceding sentence shall not be satisfied, Landlord may in its sole discretion, terminate the Lease and be under no further obligation to Tenant. In no event shall Landlord be required to repair or replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. If the casualty, repairing, or rebuilding shall render the Demised Premises untenantable, in whole or in part, and the damage shall not have been due to the default or neglect of Tenant, then a proportionate abatement of the rent shall be allowed from the date when the damage occurred until the date Landlord completes its work, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenantable bears to the floor space of the Demised Premises. Tenant shall have the option to terminate the Lease if the Demised Premises cannot be fully restored within six (6) months of the date of damage.

Appears in 1 contract

Samples: Lease (Thermoview Industries Inc)

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Damage to the Demised Premises. In the event the Demised Premises are damaged by fire, explosion or any other casualty, the damage shall promptly be repaired by Landlord at Landlord's expense, provided (i) no Event of Default shall exist at the time of such casualty, (ii) sufficient insurance proceeds shall be made available in a timely manner to Landlord to pay for such reconstruction, and (iii) Tenant shall have in writing agreed to occupy the Demised Premises after reconstruction for the full remaining portion of the Demised Term. If any of the requirements in (i) - (iii-(iii) of the preceding sentence shall not be satisfied, Landlord may in its sole discretion, terminate the Lease and be under no further obligation to Tenant. In no event shall Landlord be required to repair or replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. If the casualty, repairing, or rebuilding shall render the Demised Premises untenantable, in whole or in part, and the damage shall not have been due to the default or neglect of Tenant, then a proportionate abatement of the rent shall be allowed from the date when the damage occurred until the date Landlord completes its work, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenantable bears to the floor space of the Demised Premises. Tenant shall have the option to terminate the Lease if the Demised Premises cannot be fully restored within six (6) months of the date of damage.

Appears in 1 contract

Samples: Lease (Thermoview Industries Inc)

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