DAMAGE OR DESTRUCTION BY FIRE Sample Clauses

DAMAGE OR DESTRUCTION BY FIRE. In the event the Premises shall be damaged or destroyed either (i) by an insured casualty within Landlord's standard all-risk insurance policies to such extent that Landlord cannot make necessary repairs or rebuilt within 140 days from the date 19(a). of such damage or destruction, 19(b). (ii) by any uninsured casualty, 19(c). or (iii) or by an illegal casualty with respect to which Landlord's mortgagee requires that the insurance proceeds be applied to the indebtedness (19d)., then at Landlord's option, the Lease Agreement may be terminated 20. in which event Tenant shall be allowed an abatement of Minimum Rental and Additional Charges from the date of such damage or destruction. 20(a). 20(b). Landlord 20(c). make necessary repairs or rebuild within 10 days from the date of such damage or destruction, subject to the provisions of any deed of trust or mortgage encumbering the Premises and requiring the application of insurance proceeds to the indebtedness, then this Lease Agreement shall not terminate, the Premises shall be repaired or rebuilt by Landlord at its own expense, the Minimum Rental and Additional Charges shall abatx xxxportionately until the repairs or rebuilding are completed and possession thereof given to Tenant, and the term of this Lease Agreement shall be extended for a period equal to such period of rent abatement but not otherwise affected. Should the Premises be damaged or destroyed, nor occupied by the use of the Premises by Tenant, its agents, employees and not arising during any period when Tenant has vacated the Premises 20(d), and Landlord 20(e)., then, in that event, 20(f). may terminate this Lease Agreement by notice in writing 20(g)., however, if Landlord agrees to restore or repair the Premises to tenantable condition, then, in that event, Landlord agrees to allow Tenant a proportionate abatement of Minimum Rental and Additional Charges in an amount which bears the same proportion to the Minimum Rental as the number of square feet of damaged or destroyed floor area of the Premises occurs to be total number of square feet of floor area on the Premises, which reduction shall contain until such renovation or repair shall be completed, (h). Tenant shall in all events restore or repair its additions, improvements, and betterments to the Premises and, also, any other damage or destruction the repair or restoration of which is not provided for hereinabove. Tenant shall, in case of damage or destruction, give notice in writing to Land...
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DAMAGE OR DESTRUCTION BY FIRE. If during the term of this Agreement, the Demised Premises is damaged by fire to the extent that Xxxxxx House has to abandon the use thereof, then the lease will terminate. Assignment and Subletting Xxxxxx House shall not assign this Agreement or sublet any part of the Demised Premises with out the written consent of the City. Covenant of Quiet Enjoyment City covenants that it is lawfully seized of the Demised Premises and had good right and lawful authority to enter into this Agreement for the full term aforesaid, and for itself, its successors and assigns, covenants, promises and agrees with Xxxxxx House that Xxxxxx House upon observing, performing and keeping all and singular the covenants, clauses and agreements herein contained in its part to be observed, fulfilled and kept according to the true intent and meaning if these presents, shall and may lawfully, peaceably and quietly have, hold, operate, use, occupy possess and enjoy said Demised Premises hereby leased in the conduct of Xxxxxx House’s business with the appurtenances and every part and parcel thereof, for and during all of said term hereby granted, without any let, suit, hindrance, eviction, rejection, molestation or interruption whatsoever of or by Xxxxxx House its successors or assigns, or of any other person lawfully claiming by, from or under it or any or either of them, or any other person or persons.
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DAMAGE OR DESTRUCTION BY FIRE. In the event the House, during any term of this License Agreement, is damaged or destroyed by fire or other casualty, so as to render the House untenantable, in whole or in part, the parties hereto shall cancel and terminate this License Agreement, and all obligations thereafter arising shall be at an end.
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DAMAGE OR DESTRUCTION BY FIRE. War, or Act of God. In the event the Lease Premises shall be destroyed or so damaged or injured by fire or other casualty during the Term of this Lease, or any extension thereof, whereby the same shall be rendered untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such casualty. In the event the County elects to terminate this Lease as provided in this Section, the Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County does not exercise its right to terminate this Lease due to any such casualty, County shall promptly commence restoration of the Lease Premises and diligently pursue such restoration to completion using materials of like kind and quality or better. The rental due hereunder relating to the portion of the Lease Premises render untenable shall be abated from the date of such casualty until completion of such restoration.
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DAMAGE OR DESTRUCTION BY FIRE. Section 21.01. Tenant shall give immediate written notice to Landlord of any damage caused to the demised premises by fire or other casualty, and if Landlord does not elect to terminate this Lease, as hereinafter provided, Landlord shall proceed with reasonable diligence, at Landlord's expense, to build and repair the premises. If the buildings or improvements located on the premises shall: (a) be destroyed or substantially damaged so that the demised premises cannot be repaired within ninety (90) days for the purposes for which the demised premises was herein leased; or (b) if there is less than one (1) year remaining under the term of this Lease, than in either of said events, Landlord or Tenant may elect to terminate this Lease by giving thirty (30) days written notice to the other party of such termination, without any further duty of either party to rebuild or repair the demised premises.
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DAMAGE OR DESTRUCTION BY FIRE. In the event of damage or destruction of the Property in which at least 50% of the rooms in the Property cannot be opened to the public, Owner or Manager may terminate this Agreement upon written notice to the other party. Owner shall be responsible for all Management Fees accrued to the date of termination. If the time needed to repair the Property is in excess of 60 days, either party may terminate this Agreement and Manager shall be entitled to its Management Fee accrued to the date of termination together with the Termination Fee.
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DAMAGE OR DESTRUCTION BY FIRE. ETC. If the Building is damaged or destroyed by fire, flood, tornado, or by the elements, or through any casualty, or otherwise, after the commencement of the term of this Lease, the Lease shall continue in full force and effect, and Landlord at its expense shall promptly restore, repair or rebuild same, to the same condition as existed immediately prior to such damage or destruction. Should all or a portion of the Premises be made untenantable by such damage, rent and additional rent, if any, shall be adjusted proportionately from the date of such damage or destruction until ten (10) days after Landlord has repaired or restored said building in the manner and in the condition provided in this paragraph. Notwithstanding the foregoing, if Landlord has not repaired and restored the Building to its condition as existed immediately prior to the damage within one hundred eighty (180) days after the date of the casualty, Tenant may by written notice terminate this Lease. In the event that the Premises shall be damaged, in whole or in part, within the last twenty-four (24) months of the Lease Term, or any Renewal Term, or the last twelve (12) months of the last Renewal Term, Landlord shall have the option, exercisable within thirty (30) days following such damage of terminating this Lease, effective the date of giving notice thereof, provided, however, that if at the time of such damage Tenant has the right to exercise a renewal option which will extend the term of this Lease to a date no earlier than five (5) years following such damage, and if Tenant exercises such option by notice to Landlord within thirty (30) days following such damage, Landlord shall have no right to terminate under the provisions of this subparagraph, and any previously attempted exercise by Landlord of such right shall be ineffective.
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Related to DAMAGE OR DESTRUCTION BY FIRE

  • Damage or Destruction of Premises (a) If the Premises or any part thereof shall be damaged by fire or other insured casualty, then, subject to the last paragraph of this Section, Landlord shall proceed with diligence, subject to then applicable statutes, building codes, zoning ordinances and regulations of any governmental authority, and at the expense of Landlord (but only to the extent of insurance proceeds made available to Landlord by any mortgagee of the Building and any ground lessor) to repair or cause to be repaired such damage (other than any Initial Tenant Improvements not deemed to be fixtures covered by Landlord’s property insurance and Tenant Work, which Tenant shall promptly commence, and proceed with diligence, to restore). All such repairs made necessary by any act or omission of Tenant shall be made at the Tenant’s expense to the extent that the cost of such repairs are less than the deductible amount in Landlord’s insurance policy. All repairs to and replacements of Tenant Property not deemed to be fixtures covered by Landlord’s property insurance and any Initial Tenant Improvements and Tenant Work shall be made by and at the expense of Tenant. The cost of any repairs performed under this Section by Landlord at Tenant’s request and at Tenant’s expense (including costs of design fees, financing, and charges for administration, overhead and construction management services by Landlord and Landlord’s contractor) shall constitute Additional Rent hereunder. If the Premises or any part thereof shall have been rendered unfit for use and occupation hereunder by reason of such damage, the Base Rent or a just and proportionate part thereof, according to the nature and extent to which the Premises shall have been so rendered unfit, shall be abated until the Premises (except as to Tenant Property, Initial Tenant Improvements not deemed to be fixtures covered by Landlord’s property insurance and any Tenant Work) shall have been restored as nearly as practicable to the condition in which they were immediately prior to such fire or other casualty; and that if and to the extent Landlord shall be unable to collect the insurance proceeds (including rent insurance proceeds) applicable to such damage because of some action or inaction on the part of Tenant, or the employees, licensees or invitees of Tenant, the cost of repairing such damage shall be paid by Tenant and there shall be no abatement of rent. Landlord shall not be liable for delays in the making of any such repairs that are due to government regulation, casualties, and strikes, unavailability of labor and materials, delays in obtaining insurance proceeds, and other causes beyond the reasonable control of Landlord, nor shall Landlord be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting from delays in repairing such damage. If the Premises or the Building are substantially damaged so as to prevent Tenant from using the Premises for the Permitted Use and the Premises have not been restored to the condition required pursuant to the terms of this Lease within two hundred and seventy (270) days following said casualty (or if such casualty occurs during the last 18 months of the term, within ninety (90) days after the date of such casualty), then Tenant may terminate this Lease upon thirty (30) days written notice to Landlord unless Landlord shall substantially complete such repair and restoration within such thirty (30) day period in which event Tenant’s termination shall be void and of no further force or effect.

  • Damage or Destruction 17.1 If the Premises or the Building are totally or partially damaged or destroyed thereby rendering the Premises totally or partially inaccessible or unusable, then Landlord shall diligently repair and restore the Premises and the Building to substantially the same condition they were in prior to such damage or destruction; provided, however, that if in Landlord’s reasonable judgment such repair and restoration cannot be completed within two hundred seventy (270) days after the occurrence of such damage or destruction (taking into account the time needed for effecting a satisfactory settlement with any insurance company involved, removal of debris, preparation of plans and issuance of all required governmental permits), then Landlord shall have the right to terminate this Lease by giving written notice of termination within forty five (45) days after the occurrence of such damage or destruction. If this Lease is terminated pursuant to this Article, then rent shall be apportioned (based on the portion of the Premises which is usable or used after such damage or destruction) and paid to the later of the date of termination or the date Tenant completely vacates and abandons the Premises on account of such damage and (if applicable) Landlord shall be entitled to any insurance proceeds received by Tenant that are attributable to Landlord’s Work and other improvements insured or required to be insured by Tenant that would remain in the Premises at the end of the Lease Term. If this Lease is not terminated as a result of such damage or destruction, then until such repair and restoration of the Premises are substantially complete, Tenant shall be required to pay rent only for the portion of the Premises that is usable while such repair and restoration are being made; provided, however, that (x) if such damage or destruction was caused by the act or omission of Tenant or any Agent of Tenant, then Tenant shall not be entitled to any such rent reduction and (y) if Tenant fails to immediately pay over to Landlord insurance proceeds when received from Tenant’s insurance any such rent abatement shall end on the date when Landlord would have been able to substantially complete repair and restoration of the Premises had Tenant timely paid Landlord such insurance proceeds. After receipt of all insurance proceeds (including proceeds of insurance maintained by Tenant), Landlord shall proceed with and bear the expenses of such repair and restoration of the Premises and the Building; provided, however, that (a) if such damage or destruction was caused by the act or omission of Tenant or any Agent of Tenant, then Tenant shall pay Landlord’s deductible and the amount by which such expenses exceed the insurance proceeds, if any, actually received by Landlord on account of such damage or destruction (or, if Landlord fails to maintain the insurance required by Section 13.3, that Landlord would have received had Landlord maintained such insurance required by Section 13.3), (b) Tenant shall pay the amount by which the cost of restoring any item which Landlord is required to restore and Tenant is required to insure exceeds the insurance proceeds received with respect thereto, and (c) Landlord shall not be required to repair or restore any tenant improvements installed in the Premises (except to the extent Landlord receives proceeds therefor from Tenant’s insurance), any Alterations or any other contents of the Premises (including Tenant’s trade fixtures, decorations, furnishings, equipment or personal property). Notwithstanding anything herein to the contrary, Landlord shall have the right to terminate this Lease if (1) insurance proceeds plus deductibles are insufficient to pay the full cost of such repair and restoration (so long as Landlord maintains the insurance required by Section 13.3), (2) the holder of any Mortgage fails or refuses to make such insurance proceeds available for such repair and restoration, (3) zoning or other applicable Laws or regulations do not permit such repair and restoration, or (4) the damage to the Building exceeds thirty five percent (35%) of the replacement value of the Building.

  • Partial Damage or Destruction If, during the Term, any Property shall be totally or partially destroyed but the Facility is not rendered Unsuitable for Its Permitted Use, Tenant shall, subject to Section 10.2.3, promptly restore such Facility as provided in Section 10.2.4.

  • Loss or Destruction Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction, or mutilation of this Warrant Certificate and, in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement or bond satisfactory in form, substance and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of this Warrant Certificate, the Company at its expense will execute and deliver, in lieu thereof, a new Warrant Certificate of like tenor.

  • Damage or Destruction Condemnation 16.1. If the Hotel is damaged by fire or other casualty, Operator shall promptly notify Owner. This Agreement shall remain in full force and effect subsequent to such casualty provided that either party may terminate this Agreement upon thirty days’ prior written notice to the other party if (a) Owner shall elect to close the Hotel as a result of such casualty (except on a temporary basis for repairs or restoration) or (b) Owner shall determine in good faith not to proceed with the restoration of the Hotel; provided further, Operator may terminate this Agreement upon thirty days’ prior written notice to Owner if forty percent (40%) or more of the rooms in the Hotel are unavailable for rental for a period of one hundred eighty (180) days or more as a result of such casualty.

  • DAMAGE TO TENANT'S PROPERTY Landlord shall not be liable for any damage to Tenant's property except for that due to the willful neglect of Landlord. Tenant shall be responsible for the insuring of all personal property. Landlord strongly recommends renters insurance.

  • Damage Destruction and Condemnation In the event that at any time during the Term the whole or part of the Facility shall be damaged or destroyed, or taken or condemned by a competent authority for any public use or purpose, or by agreement to which the Lessee and those authorized to exercise such right are parties, or if the temporary use of the Facility shall be so taken by condemnation or agreement (a “Loss Event”):

  • Damage Destruction or Condemnation If the Dock or any portion thereof is at any time destroyed or damaged by a casualty, or if any portion of the Dock or adjacent parcels are taken pursuant to the exercise or threatened exercise of the power of eminent domain (including a conveyance in lieu thereof), Port may elect to terminate this Agreement.

  • PREMISES PARTIAL DAMAGE - INSURED LOSS If Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor's expense, repair such damage (but not Lessee's Trade Fixtures or Lessee-Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect. In the event, however, that there is a shortage of insurance proceeds and such shortage is due to the fact that, by reason of the unique nature of the improvements in the Premises, full replacement cost insurance coverage was not commercially reasonable and available, Lessor shall have no obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects of the Premises unless Lessee provides Lessor with the funds to cover same, or adequate assurance thereof, within ten (10) days following receipt of written notice of such shortage and request therefor. If Lessor receives said funds or adequate assurance thereof within said ten (10) day period, Lessor shall complete them as soon as reasonably possible and this Lease shall remain in full force and effect. If Lessor does not receive such funds or assurance within said period, Lessor may nevertheless elect by written notice to Lessee within ten (10) days thereafter to make such restoration and repair as is commercially reasonable with Lessor paying any shortage in proceeds, in which case this Lease shall remain in full force and effect. If Lessor does not receive such funds or assurance within such ten (10) day period, and if Lessor does not so elect to restore and repair, then this Lease shall terminate sixty (60) days following the occurrence of the damage or destruction. Unless otherwise agreed, Lessee shall in no event have any right to reimbursement from Lessor for any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.3 rather than Paragraph 9.2, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party.

  • Insurance; Damage to or Destruction of Collateral (a) The Credit Parties shall, at their sole cost and expense, maintain the policies of insurance described on Disclosure Schedule (3.18) as in effect on the date hereof or otherwise in form and amounts and with insurers reasonably acceptable to Agent. Such policies of insurance (or the loss payable and additional insured endorsements delivered to Agent) shall contain provisions pursuant to which the insurer agrees to provide 30 days prior written notice to Agent in the event of any non-renewal, cancellation or amendment of any such insurance policy. If any Credit Party at any time or times hereafter shall fail to obtain or maintain any of the policies of insurance required above or to pay all premiums relating thereto, Agent may at any time or times thereafter obtain and maintain such policies of insurance and pay such premiums and take any other action with respect thereto that Agent deems advisable. Agent shall have no obligation to obtain insurance for any Credit Party or pay any premiums therefor. By doing so, Agent shall not be deemed to have waived any Default or Event of Default arising from any Credit Party's failure to maintain such insurance or pay any premiums therefor. All sums so disbursed, including reasonable attorneys' fees, court costs and other charges related thereto, shall be payable on demand by Borrower to Agent and shall be additional Obligations hereunder secured by the Collateral.

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