Total Damage. If the Building or the Leased Premises are damaged to such an extent that the Leased Premises are rendered untenantable by damage from fire or other casualty which, in the reasonable opinion of the Landlord's architect, cannot be substantially repaired under applicable laws and governmental regulations within ninety (90) days from the date of such casualty (employing normal construction methods without overtime or other premium), then either the Landlord or Tenant may elect to terminate this Lease as of the date of such casualty by written notice delivered to the other not more than ten (10) days after receipt of such architect's opinion (failing which the Landlord shall cause such damage to be repaired at its own expense with all reasonable speed).
Total Damage. If the Premises or the Building shall be so damaged by fire or other casualty as to render the Premises wholly untenantable and if such damage shall be so great that a competent architect, in good standing, selected by Landlord shall certify in writing to Landlord and Tenant within sixty (60) days of said casualty that the Premises, with the exercise of reasonable diligence, cannot be made fit for occupancy within 180 working days from the happening thereof, then this Lease shall cease and terminate from the date of the occurrence of such damage and Tenant shall thereupon surrender to Landlord the Premises and all interest therein hereunder and Landlord may reenter and take possession of the Premises and remove Tenant therefrom. Tenant shall pay rent, duly apportioned, up to the time of such termination of this Lease. If, however, the damage shall be such that said architect shall certify within said sixty (60) day period that the Premises can be made tenantable within said 180 day period, then, except as hereinafter provided, Landlord shall repair the damage so done (to the extent of the Building Standard tenant finish allowance then provided by Landlord to tenants in the Building) with all reasonable speed.
Total Damage. If any part of the Premises, or adjacent Airport facilities, directly and substantially affecting the use of the Premises shall be damaged by fire or other casualty, and is so extensively damaged as to render any portion of said Premises incapable of being repaired, as reasonably determined by the Port, or the Port determines it is not in the financial best interest of the Airport to repair, then the Port shall notify Airline within ninety (90) calendar days after the date of such damage of its decision not to replace or reconstruct such Premises. The Rent payable with respect to damaged Premises shall be paid up to the time of such damage and thereafter shall cease until such time as comparable replacement space shall be made available for use by Airline.
Total Damage. If the Premises are totally damaged or are rendered wholly untenantable by fire or other cause, and Landlord shall decide not to restore or rebuild the same, or if the Building shall, in Landlord's and Tenant's reasonable judgment, be so damaged that Landlord shall decide to demolish it and rebuild it, then in any of such events either party may, within ninety (90) days after such fire or other cause, give the other party notice of such decision, and thereupon this Lease shall expire by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord.
Total Damage. If, after the date of substantial completion of Landlord's Work, the Premises or the Building shall be so damaged by fire or other casualty so as to render the Premises wholly unuseable by Tenant (in Landlord's reasonable discretion) and if such damage shall be so great that a competent architect, in good standing, selected by Landlord shall certify in writing to Landlord and Tenant within * days of said casualty that the Premises, with the exercise of reasonable diligence, cannot be repaired to the extent the Premises are useable by Tenant for general office use and the repairs to the Building, to the extent of Landlord's Work, have been substantially completed within * days from the date of the casualty (subject to delays beyond Landlord's reasonable control), then this Lease shall cease and terminate from the date of occurrence of such damage and Tenant shall, within * days after notice thereof, surrender to Landlord the Premises and all interest therein under this Lease or otherwise and Landlord may reenter and take possession of the Premises and remove Tenant therefrom. Tenant shall pay Rent, duly apportioned, up to the time of such termination of this Lease so long as Tenant surrendered the Premises to Landlord within said * days; failing which Tenant shall pay Rent from the expiration of said * day period until the date of Tenant's vacation and surrender of the Premises. If, however, the damage shall be such that said architect shall certify within said * day period that the Premises can be made tenantable within said * day period (subject to delays beyond Landlord's reasonable control), then, except as hereinafter provided, Landlord shall repair the damage so done with all reasonable speed (to the extent of the Landlord's Work set forth in Exhibit C hereof).
Total Damage. If there is a Total Destruction of the Premises, whether or not such Total Destruction is an Insured Loss, then Landlord , by written notice to Tenant within thirty (30) days of the casualty, may terminate this Lease, which termination shall be effective not more than sixty (60) days from the date of such notice. If this Lease is not terminated, then Landlord shall rebuild the Premises (other than Tenant's alterations and improvements), using any available insurance proceeds, as soon as reasonably possible at Landlord's sole expense (except if the damage or destruction is caused by the negligence or willful misconduct of Tenant, in which case, if the loss is not an Insured Loss, Tenant shall pay to rebuild the Premises in accordance with Paragraph 18(f) below) and this Lease shall continue in full force and effect.
Total Damage. (i) If any part of the Leased Premises, or adjacent facilities directly and substantially affecting the use of the Leased Premises, is damaged by fire or other casualty, and is so extensively damaged as to render any portion of said Leased Premises incapable of being repaired, as determined by the City, the City shall notify Airline as soon as practicable under the circumstances after the date of such damage of its decision whether to reconstruct or replace said space. However, the City shall be under no obligation to replace or reconstruct such premises. The rents payable hereunder with respect to affected Leased Premises shall be paid up to the time of such damage and thereafter shall cease until such time as replacement or reconstructed space shall be available for use by Airline.
Total Damage. In case of Total Damage wherein the entire cargo is deemed to be unsuitable for use, determination of the same shall be done from the samples taken for moisture CONTRACT NO: CMT-SIIL/2005 STERLITE INDUSTRIES (INDIA) LTD. determination and sampling in the presence of Buyer, Seller, Insurance Surveyor, or their authorised representatives. Buyer is not liable to make payment of any nature for the cargo so delivered. In case 100% of provisional invoice value has already been drawn, the entire paid value shall be claimed by the Buyer, by raising a Debit Note for the same. This shall be refunded by the Seller within 5 bank working days from the date of Buyer's debit note being faxed to Seller.
Total Damage. In case of Total Damage wherein the entire cargo is deemed to be unsuitable for use, determination of the same shall be done from the samples taken for moisture determination and sampling in the presence of Buyer, Seller, Insurance Surveyor, or their authorised representatives. Buyer is not liable to make payment of any nature for the cargo so delivered. In case 100% of provisional invoice value has already been drawn, the entire paid value shall be claimed by the Buyer, by raising a Debit Note for the same. This shall be refunded by the Seller within 5 bank working days from the date of Buyer's debit note being faxed to Seller.
Total Damage. 10 Section 10.2. Partial Damage ...................................... 11
