Common use of Suspension of Rent Clause in Contracts

Suspension of Rent. Suspension of 7.01 If the Premises or the Building or any part thereof rent in case shall at any time during the Term be destroyed or of fire etc. damaged or become inaccessible owing to fire water storm typhoon defective construction white ants earthquake subsidence of the ground or any calamity beyond the control of the Landlord so as to render the Premises unfit for commercial use or inaccessible and the policy or policies of insurance for such risk effected by the Landlord shall not have been vitiated or payment of the policy moneys refused in whole or in part in consequence of any act or default of the Tenant or if at any time during the continuance of this tenancy the Premises shall be condemned as a dangerous structure or a demolition order or closing order shall become operative in respect of the Premises then the rent and other charges hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained or order made shall be suspended, rent and other charges paid in advance in respect of the current month being refunded, until the Premises shall again be rendered accessible and fit for commercial use PROVIDED THAT in circumstances when the whole or substantially the whole of the Premises have been rendered inaccessible or unfit for commercial use and should the Premises not have been reinstated in the meantime either the Landlord or the Tenant may at any time after six months from the occurrence of such damage or destruction or order give to the other of them notice in writing to determine this Agreement and thereupon the same and everything herein contained shall cease and be void as from the date of the occurrence of such destruction or damage or order or of the Premises becoming inaccessible or unfit for commercial use but without prejudice to the rights and 86 remedies of either party against the other in respect of any antecedent claim or breach of the agreements stipulations terms and conditions herein contained or of the Landlord in respect of the rent payable hereunder prior to the coming into effect of the suspension.

Appears in 1 contract

Samples: Goldman Sachs Group Inc

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Suspension of Rent. Suspension of 7.01 If the Premises or the Building or any part thereof rent in case shall at any time during the Term tenancy be destroyed or of fire etc. damaged or become inaccessible or become subject to a Closure Order or Demolition Order due or owing to fire water storm wind typhoon defective construction white ants earthquake subsidence of the ground or any calamity beyond the control of the Landlord and not attributable to any failure of the Tenant to observe and carry out the terms of this Agreement so as to render the Premises unfit for commercial habitation and use or inaccessible or so that the Premises or the Building shall be condemned as a dangerous structure and the policy or policies of insurance for such risk effected by the Landlord shall not have been vitiated or payment of the policy moneys refused in whole or in part in consequence of any act or default of the Tenant or if at any time during the continuance of this tenancy the Premises shall be condemned as a dangerous structure or a demolition order or closing order shall become operative in respect of the Premises Tenant, then the rent and other charges hereby reserved or a fair proportion thereof of the rent according to the nature and extent of the damage sustained or order made shall shall, after the day when the Premises being rendered inaccessible, be suspended, rent and other charges paid in advance in respect of the current month being refunded, suspended until the Premises shall again be rendered accessible and fit for commercial habitation and use PROVIDED THAT in circumstances when Provided always that the whole or substantially the whole of Landlord shall not be under any obligation to reinstate the Premises have been rendered inaccessible or unfit for commercial use so affected as aforesaid and Provided further that should the Premises not have been reinstated in the meantime either the Landlord or the Tenant may at any time after six three months from the occurrence of such damage or destruction or order give to the other of them a notice in writing to determine this Agreement and thereupon the same and everything herein contained shall cease and be void as from the date of the occurrence of such destruction or damage or order or of the Premises becoming inaccessible or unfit for commercial use dangerous but without prejudice to the rights and 86 remedies of either party against the other in respect of any antecedent claim or breach of the agreements stipulations terms and conditions herein contained or of the Landlord in respect of the rent payable hereunder prior to the coming into effect of the suspensionsuspension PROVIDED FURTHER that the Landlord shall not in any event be liable to pay compensation or damages to the Tenant in respect of any period during which the occupation or use of the Premises shall be interrupted or unavailable as aforesaid or in respect of the determination of the tenancy as aforesaid and that the Tenant shall not in any event have any claim, interest, right or property, all of which are hereby expressly waived and forfeited, of and in any compensation or award payable by any relevant authority in respect of the interruption or cessation of use or occupation of the Premises or the determination of the tenancy in respect thereof.

Appears in 1 contract

Samples: Ziasun Technologies Inc

Suspension of Rent. Suspension of 7.01 If the Premises said premises or the Building said building or any part rent thereof rent in case shall at any time during the Term tenancy be destroyed or of fire etc. damaged or become inaccessible owing to fire water storm wind typhoon defective construction white ants earthquake subsidence of the ground or any calamity beyond the control of the Landlord so as to render the Premises said premises unfit for commercial use or inaccessible and the policy or policies of insurance for such risk effected affected by the Landlord shall not have been vitiated or payment of the policy moneys monies refused in whole or in part in consequence of any act or default of the Tenant or if at any time during the continuance of this tenancy the Premises said premises or the said building shall be condemned as a dangerous structure or a demolition order or closing order shall become operative in respect of the Premises then said premises or the rent said building and other charges hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained or order made shall be suspended, rent and other charges paid in advance in respect of the current month being refunded, until the Premises shall again be rendered accessible and fit for commercial use PROVIDED THAT in circumstances when the whole or substantially the whole of the Premises said premises have been rendered inaccessible or unfit for commercial use and should the Premises not have been reinstated in the meantime either the Landlord or then the Tenant may at any time after six three months from the occurrence of such damage or destruction or order give to the other of them Landlord notice in writing to determine this Agreement present tenancy and thereupon the same and everything herein contained shall cease and be void as from the date of the occurrence of such destruction or damage or order or of the Premises becoming inaccessible or unfit for commercial use but without prejudice to the rights and 86 remedies of either party against the other in respect of any antecedent claim or breach of the agreements agreement stipulations terms and conditions herein contained or of the Landlord in respect of the rent payable hereunder prior to the coming into effect of the suspension.suspension Provided Always that the Landlord shall have no obligation or duty whatsoever to reinstate the said premises;

Appears in 1 contract

Samples: Agreement (Tag It Pacific Inc)

Suspension of Rent. Suspension of 7.01 If the Premises or the Building or any part thereof rent in case shall at any time during the Term be destroyed or of fire etc. damaged or become inaccessible or become unfit for occupation not due to any default of the Tenant but owing to fire water storm typhoon flooding defective construction white ants earthquake subsidence of the ground or any calamity beyond the control of the Landlord so as to render the Premises unfit for commercial use or inaccessible and the policy or policies of insurance for such risk effected by the Landlord shall not have been vitiated or payment of the policy moneys refused in whole or in part in consequence of any act or default of the Tenant or if at any time during the continuance of this tenancy Agreement the Premises or the Building shall be condemned as a dangerous structure or a demolition order or closing order shall become operative in respect of the Premises or the Building then the rent rent, air conditioning and other charges management fees hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained or order made shall be suspended, rent and other charges paid in advance in respect of the current month being refunded, suspended until the Premises shall again be rendered accessible and fit for commercial use PROVIDED THAT in circumstances when occupation and accessible Provided that nothing herein shall impose on the whole landlord any obligation to repair or substantially the whole of reinstate the Premises have been rendered inaccessible or unfit for commercial use any part thereof and Provided that should the Premises not have been reinstated in the meantime either the Landlord landlord or the Tenant may at any time after six two months from the occurrence of such damage or destruction or order give to the other of them notice in writing to determine this Agreement present tenancy and thereupon the same and everything herein contained shall cease and be void as from the date of the occurrence of such destruction or damage or order or of the Premises becoming inaccessible or unfit for commercial use occupation but without prejudice to the rights and 86 remedies of either party against the other in respect of any antecedent claim or breach of the agreements covenants agreement stipulations terms and conditions herein contained or of the Landlord in respect of the rent rents payable hereunder prior to the coming into effect of the suspension.

Appears in 1 contract

Samples: Tenancy Agreement (Global Tech Appliances Inc)

Suspension of Rent. Suspension of 7.01 If the Premises or the Building or any part thereof rent in case shall at any time during the Term be destroyed rendered incapable of or unfit for occupation or use as the result of fire etc. damaged or become inaccessible owing a peril against which the Building is insured pursuant to fire water storm typhoon defective construction white ants earthquake subsidence the covenant on the part of the ground or any calamity beyond Superior Landlord contained in the control of Superior Lease the Landlord so as to render rents reserved and for the Premises unfit for commercial use or inaccessible and the policy or policies of insurance for such risk effected by the Landlord shall not have been vitiated or payment of the policy moneys refused in whole or in part in consequence of any act or default of the Tenant or if at any time during the continuance of this tenancy the Premises shall be condemned as a dangerous structure or a demolition order or closing order shall become operative in respect of the Premises then the rent and other charges hereby reserved being payable hereunder or a fair proportion thereof of the said rents according to the nature and extent of the damage sustained or order made shall be suspended, rent and other charges paid in advance in respect of the current month being refunded, suspended until the Premises shall again be rendered accessible and fit for commercial occupation or use PROVIDED THAT in circumstances when that there shall be no cesser of rents if or to such extent as any insurance policy effected by the whole Superior Landlord or substantially the whole of the Premises Landlord shall have been rendered inaccessible void or unfit for commercial use voidable or payment of any insurance moneys shall be properly withheld by the insurers due to some act or failure of the Tenant or any person deriving title under the Tenant or any of the servants or agents of the Tenant or of any such person PROVIDED FURTHER that if the Building shall be so damaged as to necessitate demolition and should the Premises not have been reinstated in the meantime either reconstruction the Landlord or shall be entitled on giving to the Tenant may at any time after not less than six months from the occurrence of such damage or destruction or order give to the other of them months' previous notice in writing to determine the Term and at the expiration of such notice this Agreement and thereupon the same lease and everything herein contained shall cease and be void as from and the date of the occurrence of such destruction or damage or order or of the Premises becoming inaccessible or unfit Tenant shall not be liable for commercial use any dilapidations and shall not be entitled to any compensation but without prejudice to the rights and 86 remedies of either party against the other in respect of any antecedent claim or breach of the agreements stipulations terms and conditions herein contained or of the Landlord for any arrears of rent PROVIDED ALSO that any dispute as to the proportion (if any) of rent which should be suspended or as to the period of such suspension which may arise under this clause 5.2 shall be referred to the decision of some competent person (acting as an expert and not as an arbitrator) to be agreed upon by the Landlord and by the Tenant or (in respect the event of failure so to agree) to be nominated on the application of the rent payable hereunder prior Landlord or the Tenant by the President for the time being of the Royal Institution of Chartered Surveyors and the decision of such person (including any determination as to the coming into effect costs of the suspension.such decision) shall accordingly be final and binding

Appears in 1 contract

Samples: Central European Media Enterprises LTD

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Suspension of Rent. Suspension of 7.01 If the Premises or the Building or any part thereof rent in case shall at any time during the Term be destroyed or of fire etc. damaged or become inaccessible owing to fire water storm typhoon defective construction white ants earthquake subsidence of the ground or any calamity beyond the control of the Landlord (not attributable to any act default omission or negligence of the Tenant) so as to render the Premises unfit for commercial use or inaccessible and occupation and the policy or policies of insurance for such risk effected by the Landlord or any other entity on behalf of the Landlord shall not have been vitiated or payment of the policy moneys monies refused in whole or in part in consequence of any act or default of the Tenant or if at any time during the continuance of this tenancy Lease the Premises or the Building or any part thereof shall be condemned as a dangerous structure or a demolition order or closing closure order shall become operative in respect of the Premises or the Building or any part thereof, then the rent Rent and the other charges and payments hereby reserved or a fair proportion (as agreed between the Landlord and the Tenant) thereof according to the nature and extent of the damage sustained or of the condemnation or order made shall be suspended, rent and other charges paid in advance in respect of the current month being refunded, suspended until the Premises or the Building or the relevant part thereof shall again be reinstated or rendered accessible and fit for commercial use PROVIDED THAT in circumstances when the whole or substantially the whole of the Premises have been rendered inaccessible or unfit for commercial use and occupation Provided that should the Premises or the Building or the relevant part thereof not have been been, reinstated or rendered accessible and fit for use, and occupation in the meantime either the Landlord or the Tenant may at any time after six 4 months from the occurrence of such damage or destruction or condemnation or order give to the other of them notice in writing to determine this Agreement Lease and thereupon the same and everything herein contained shall cease and determine and be void as from the date of the occurrence of such destruction or damage or condemnation or order or of the Premises becoming inaccessible or unfit for commercial use and occupation but without prejudice to the rights and 86 remedies of either party against the other in respect of any antecedent claim or breach of the agreements stipulations terms and conditions herein contained or of the Landlord in respect of the rent payable hereunder prior to the coming into effect of the suspensioncontained.

Appears in 1 contract

Samples: Timerson LTD

Suspension of Rent. Suspension of 7.01 5.2.1 If the Demised Premises or the Building or any part thereof rent in case or the means of access thereto shall at any time during the Term be destroyed or of fire etc. so damaged or become inaccessible owing to fire water storm typhoon defective construction white ants earthquake subsidence by any of the ground or any calamity beyond the control of the Landlord Insured Risks so as to render the Premises be unfit for commercial occupation and use or inaccessible and the policy or policies of insurance for such risk effected by the Landlord in respect thereof shall not have been vitiated or payment of the policy moneys refused in whole or in part in consequence of any act or default on the part of or suffered by the Tenant or if at any time during the continuance of this tenancy the Premises shall be condemned as a dangerous structure sub-tenant or a demolition order their respective servants agents licensees or closing order shall become operative in respect of the Premises invitees then the rent and other charges rents hereby reserved or a fair and just proportion thereof according to the nature and extent of the damage sustained or order made shall be suspended, rent suspended and other charges paid in advance cease to be payable until the Demised Premises or the means of access or services shall again be rendered fit for occupation and use but so that the Tenant shall remain liable to pay any balance due in respect of the current month being refunded, until rents hereby reserved for any period prior to the Premises said destruction or damage and in case of dispute as to the proportion or period of such abatement the same shall again be rendered accessible and fit for commercial use referred to arbitration in accordance with the Arbitration Xxx 0000 PROVIDED THAT in circumstances when if the whole or substantially Demised Premises and/or the whole of the Premises have been rendered inaccessible or unfit for commercial use Building shall be so damaged as to necessitate demolition and should the Premises not have been reinstated in the meantime either reconstruction the Landlord or shall be entitled on giving to the Tenant may at any time after not less than six months from the occurrence of such damage or destruction or order give to the other of them months’ previous notice in writing to determine this Agreement the Term and thereupon at the same expiration of such notice the Lease and everything herein contained shall cease and be void as from and the date Tenant shall not be liable for any dilapidations and shall not be entitled to any compensation except that (if any) payable under the provisions of the occurrence of such destruction or damage or order or of the Premises becoming inaccessible or unfit for commercial use Landlord and Xxxxxx Xxx 0000 but without prejudice to the rights and 86 remedies of either party against the other in respect of any antecedent claim or breach of the agreements stipulations terms and conditions herein contained or of the Landlord in respect for any arrears of the rent payable hereunder prior to the coming into effect of the suspension.hereby reserved

Appears in 1 contract

Samples: Digitas Inc

Suspension of Rent. Suspension of 7.01 If the Premises or the Building or any part thereof rent Rent in case of shall at any time during the Term be destroyed or of damaged or fire etc. damaged or become inaccessible owing to fire water storm typhoon defective construction white ants earthquake subsidence of the ground or any calamity beyond the control of the Landlord or the Tenant so as to render the Premises or any part thereof unfit for commercial use or inaccessible and the policy or policies of insurance for such risk effected by the Landlord shall not have been vitiated or payment of the policy moneys refused in whole or in part in consequence of any act or default of the Tenant or if at any time during the continuance of this tenancy the Premises shall be condemned as a dangerous structure or a demolition order or closing order shall become operative in respect of the Premises or any part thereof then the rent and other charges hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained or order made shall be suspended, rent and other charges paid in advance in respect of the current month being refunded, until the Premises shall again be rendered accessible and fit for commercial use PROVIDED THAT in circumstances when the whole or substantially the whole of the Premises have been rendered inaccessible or unfit for commercial use and should the Premises not have been reinstated in the meantime either the Landlord or the Tenant may at any time after six two months from the occurrence of such damage or destruction or order give to the other of them notice in writing to determine this Agreement Lease and thereupon the same and everything herein contained shall cease and be void as from the date of the occurrence of such destruction or damage or order or of the Premises or any part thereof becoming inaccessible or unfit for commercial use but without prejudice to the rights and 86 remedies of either party against the other in respect of any antecedent claim or breach of the agreements stipulations terms and conditions herein contained or of the Landlord in respect of the rent payable hereunder prior to the coming into effect of the suspension.

Appears in 1 contract

Samples: Agreement (PCCW LTD)

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