Other Damage. If the Premises or the Building is substantially or totally destroyed by any cause whatsoever which is not covered by the foregoing provisions of this Paragraph 13, this Lease shall terminate as of the date the destruction occurred; provided, however, that if the damage does not meet the Landlord Damage Threshold, Landlord may elect (but will not be required) to rebuild the Premises at Landlord’s own expense, in which case this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within thirty (30) days after the casualty.
Other Damage. In the event the Premises are damaged as the result of any cause other than the perils covered by Landlord's casualty insurance or for which insurance proceeds are insufficient fully to cover, then Landlord agrees forthwith to commence repair of the same, only in the case that the extent of the destruction of the Premises is less than ten percent (10%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of ten percent (10%) or more of the full replacement cost of the Premises, then Landlord shall have the option (a) to repair or restore such damage, this Lease continuing in full force and effect, but the Annual Rent and/or the Adjusted Annual Rent shall be proportionately reduced as provided above in Section 13.1; or (b) to give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in the notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice and the Annual Rent and/or the Adjusted Annual Rent shall be fully abated, and all other obligations of Tenant under this Lease shall be deemed fully performed as of the date of such termination. At Tenant's sole option, it may, upon notice to Landlord and in accordance with Article 5 of this Lease, effect all necessary repairs and reinstate this Lease. Tenant's obligation to pay Annual Rent and/or the Adjusted Annual Rent , but not the other obligations hereunder, during any period of repair shall be abated, so long as such period does not exceed one hundred eighty (180) days.
Other Damage. If a Party Wall is damaged or destroyed by any cause other than the act of any Owner, his agents, tenants, licensees, guests or family members (including ordinary wear and tear and deterioration from lapse of time), then the following shall apply:
Other Damage. If Seller's Expense Estimate is less than Twenty Thousand Dollars ($20,000) for each Facility and such damage or destruction is covered by Seller's insurance coverage, Seller shall pay such applicable insurance proceeds, plus the amount of any applicable deductible, to Purchaser at Closing. If (i) such damage or destruction is not covered by Seller's insurance coverage, or (ii) such insurance proceeds are insufficient to cover the cost of repairing such damage or destruction and Seller does not pay such deficiency to Purchaser at Closing, then the Purchase Price shall be reduced by an amount equal to the cost of restoring the Premises in the case of subparagraph (i), or the amount of such deficiency in the case of subparagraph (ii).
Other Damage. Notwithstanding any provision contained in this Article XIV to the contrary, in no event shall any fire or other casualty give Tenant the right to require or demand that Landlord repair or restore any part of the Mall Building (other than the Demised Premises, to the extent required elsewhere in this Article XIV), the Shopping Center, or the Complex. Notwithstanding the foregoing, in the event more than sixty percent (60%) of the Mall Building is damaged or destroyed by fire or other casualty and Landlord has not restored such portion of the Mall Building to an architectural whole and substantially similar condition within eighteen (18) months thereafter, Tenant shall have the right to terminate this Lease upon sixty (60) days prior written notice to Landlord.
Other Damage. In the event the Premises are damaged as the result of any cause other than the perils covered by Tenant's or Landlord's casualty insurance or for which insurance proceeds are insufficient fully to cover, then Landlord agrees forthwith to commence repair of the same, only in the case that the extent of the destruction of the Premises is less than ten percent (10%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of ten percent (10%) or more of the full replacement cost of the Premises, then Landlord shall have the option (a) to repair or restore such damage, this Lease continuing in full force and effect, but the Annual Rent to be proportionately reduced as provided above in Section 13.1; or (b) to give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in the notice, which date shall be no more than thirty (30) days after the giving of such
Other Damage. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGE WITH RESPECT TO ANY CLAIM ARISING OUT OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ITS CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. PERFORMANCE OR BREACH OF THIS AGREEMENT) FOR ANY REASON. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS ARTICLE 14, OR EITHER PARTY’S LIABILITY FOR BREACH OF ARTICLE 15. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
Other Damage. The Lessor shall not be liable for any damage ------------ occasioned by failure to keep the premises in repairs and shall not be liable for any damage done or occasioned by or from plumbing, water, sewer, steam, or other pipes, or the bursting, leaking or running of any wash stand, water closet, or waste pipe in, upon or about the premises, nor for damage occasioned by water, snow, or ice being upon or coming through the roof, entrance door, or otherwise, nor for any damage arising from acts of neglect of co-tenants or other occupants of the premises during the term of the Lease.
Other Damage. If there shall occur any other damage to or destruction of the Project and:
Other Damage. LESSOR shall not be liable for any damage caused by or growing out of fire, rain, wind, leaks, seepage, freezing or any other causes whatsoever, and LESSEE agrees to indemnify and hold LESSOR harmless from the payment for any such damage incurred by the LESSEE. LESSOR shall not be liable to LESSEE, its invitees, family, employees, agents or servants, or any other person, for any personal injury or damage to personal property caused by any negligence by LESSEE or its agents or employees, and LESSEE agrees to indemnify and hold LESSOR harmless herefrom. LESSEE further agrees to indemnify and hold LESSOR harmless from any and all claims for damages and costs arising from the negligent use of the leased premises or negligent activity, work or things, done, permitted or suffered in or about the premises by LESSEE, its invitees, family, employees, agents or servants, or employees of LESSOR if acting at request of LESSEE.
