Common use of Destruction of the Premises Clause in Contracts

Destruction of the Premises. If neither party assumes the duty to repair or rebuild, either party may terminate the lease upon complete destruction of the premises (so long as the party seeking to terminate the lease is not a cause of the destruction). If the premises are only partially destroyed (due to no fault of the tenant), the tenant may terminate the lease upon delivery of written notice to the landlord if a substantial portion of the premises is damaged or if a material portion of the premises necessary for tenant’s use is damaged. Unless the lease provides otherwise, however, a tenant may not terminate the lease if the damage or destruction occurs to a part of the property not actually leased by the tenant; e.g., a ground lessee may not terminate a lease if a building situated on the leased land is damaged or destroyed. If damage or destruction occurs and the lease continues in effect (either because neither party has the right to terminate the lease or neither party elects to do so), the tenant may not apportion rent if the lease does not permit apportionment and rent is required be paid in advance, even if the premises are uninhabitable. Of course, if the tenant is entitled to exercise a right to terminate, a shrewd tenant desirous of staying in the premises would probably threaten to exercise its right to terminate if the landlord would not permit a retroactive apportionment of rent. If a commercial landlord assumes an unconditional obligation to repair or rebuild the leased premises in the event of damage or destruction (as contrasted with an obligation merely to repair and maintain the premises), the tenant cannot terminate the lease. A landlord’s general covenant to repair and maintain the premises, however, does not preclude the tenant from exercising a right to terminate when the premises are totally destroyed. In addition, if a commercial lease gives the tenant a right to terminate the lease within a certain period of time after the damage or destruction occurs, the tenant may terminate the lease within that time-frame, even if the landlord has commenced the repair or rebuilding. Frustration of commercial purpose. Although a tenant may lease property for a specific purpose, the tenant may not terminate the lease because that purpose is frustrated. However, if the lease specifies and limits the tenant’s use of the premises, the tenant may be excused from performance and terminate the lease if the tenant may no longer use the premises for the purpose specified in the lease. A tenant’s right to terminate for frustration of purpose, however, is only available in cases of extreme hardship. Indeed, the tenant’s purpose must be completely frustrated. A “significant” or “material” frustration (e.g., the tenant’s purpose becomes more difficult or less profitable) is not sufficient to justify termination. In addition, the tenant must not have assumed the risk of the occurrence of the intervening event (regardless of how unimaginable the event was at the time of entering into the lease), the intervening event must have been unforeseeable at the time of entering into the lease, and the intervening event must be uncontrollable by the tenant at the time of its occurrence.

Destruction of the Premises. If neither party assumes the duty Premises are at any time destroyed or damaged (including smoke damage), as a result of fire or other hazard or casualty against which the Landlord is insured then and so often as such event occurs the Lease will continue in full force and effect, except that the Basic Rent and contributions to repair or rebuild, either party may terminate Common Costs hereby reserved will xxxxx to the lease upon complete destruction extent of any recovery by the Landlord under its rental interruption insurance in respect of the premises (so long as the party seeking to terminate the lease is not a cause of the destruction)Premises. If the premises are only partially destroyed (due to no fault of the tenant)The Landlord, the tenant may terminate the lease upon delivery of written notice to the landlord if a substantial portion of the premises is damaged or if a material portion of the premises necessary for tenant’s use is damaged. Unless the lease provides otherwise, however, a tenant may provided it does not terminate the lease if tenancy pursuant to this Article 12 and to the damage or destruction occurs to a part extent of the property not actually leased any recovery by the tenant; e.g.Landlord under its insurance policies (other than rental interruption insurance) taken out pursuant to the terms of this Lease, a ground lessee may not terminate a lease if a building situated on will commence diligently to reconstruct, rebuild or repair the leased land Premises except to the extent that the Tenant is damaged or destroyed. If damage or destruction occurs and the lease continues in effect (either because neither party has the right to terminate the lease or neither party elects to do so), the tenant may not apportion rent if the lease does not permit apportionment and rent is required be paid in advance, even if the premises are uninhabitable. Of course, if the tenant is entitled to exercise a right to terminate, a shrewd tenant desirous of staying in the premises would probably threaten to exercise its right to terminate if the landlord would not permit a retroactive apportionment of rent. If a commercial landlord assumes an unconditional obligation obliged to repair or rebuild the leased premises in hereunder. In the event of damage or destruction (as contrasted with an obligation merely to repair and maintain the premisesleasehold improvements covered by insurance required to be taken out by the Tenant pursuant to Subsection 11.1(a), and this Term and tenancy are not cancelled, the tenant cannot terminate Landlord and the leaseLandlord’s mortgagee or mortgagees will release the insurance proceeds to the Tenant and the Tenant will use the proceeds of such insurance for the purpose of repairing or restoring such leasehold improvements. A landlordIf the Term and tenancy are cancelled pursuant to either this Article 12.1 or Article 12.3 then the Landlord and the Landlord’s general covenant mortgagee or mortgagees will be entitled to repair the insurance proceeds relating to the leasehold improvements. Upon the Tenant being notified in writing by the Landlord that the Landlord’s work of reconstruction or rebuilding or repairs is substantially completed, the Tenant will complete forthwith all Tenant’s work including, without limitation, such work as is required to fully restore the Premises for business and maintain the premises, however, does not preclude Tenant will recommence paying Basic Rent and contributions to Common Costs within thirty (30) days of receipt of the tenant from exercising a right to terminate when Landlord’s notice that the premises are totally destroyedLandlord’s work is substantially completed. In additionNotwithstanding the foregoing, if a commercial lease gives the tenant a right Premises are damaged or destroyed as aforesaid at any time during the last two years of the Term or of any renewal term contained herein, the Landlord will not be required to terminate reconstruct, rebuild or repair the lease within a certain period of time after the Premises following any such damage or destruction occursunless the Tenant has exercised at least one of any subsequent options to renew which it may have in accordance with this Lease. If the Landlord elects not to reconstruct, rebuild or repair the Premises following any such damage or destruction, the tenant may terminate Landlord will so notify the lease Tenant within that time-frame, even if ninety (90) days following any such damage or destruction of its election and in the landlord has commenced the repair or rebuilding. Frustration case of commercial purpose. Although a tenant may lease property for a specific purposesuch election, the tenant may not terminate Term and the lease because that purpose tenancy hereby created will expire by lapse of time upon the 30th day after such election is frustrated. However, if the lease specifies and limits the tenant’s use of the premises, the tenant may be excused from performance and terminate the lease if the tenant may no longer use the premises for the purpose specified in the lease. A tenant’s right to terminate for frustration of purpose, however, is only available in cases of extreme hardship. Indeed, the tenant’s purpose must be completely frustrated. A “significant” or “material” frustration (e.g., the tenant’s purpose becomes more difficult or less profitable) is not sufficient to justify termination. In addition, the tenant must not have assumed the risk of the occurrence of the intervening event (regardless of how unimaginable the event was at the time of entering into the lease), the intervening event must have been unforeseeable at the time of entering into the leasemade, and the intervening event must be uncontrollable by Tenant, within such thirty (30) day period, will vacate the tenant at Premises and surrender the time same to the Landlord and the Landlord will have the right to re-enter and/or repossess the Premises discharged of its occurrencethis Lease and to remove all persons and property therefrom.

Destruction of the Premises. If neither party assumes during the duty term of the lease, or of any extension thereof, the aforesaid buildings, or any part thereof, shall be so damaged by fire or lack of proper fire protection, the elements or causes other than Lessee’s negligence, as to render the leased space partially unfit for use by Lessee for the intended purpose of this lease and shall be capable of being repaired within a reasonable time, Lessor shall promptly undertake repair within a reasonable time of same and during the term that the building is untenantable, Lessee’s rent shall be abated pro-rata to the extent of the portion destroyed. If, during said term, or any extensions thereof, the aforesaid building, or any part thereof, shall be destroyed or so damaged by fire, the elements or other causes, other than Lessee’s negligence, as to render said premises totally unfit for use by Lessee for the intended purpose of this lease, this lease shall not be terminated, but Lessor shall have the right or option to rebuild and of providing the same amount and kind of space herein leased in the building as rebuilt. Such option to rebuild shall be exercised by Lessor by giving written notice to Lessee of its election to rebuild within thirty (30) days after leased premises are rendered unfit for use by Xxxxxx. In event of the exercise of this option, Lessor shall promptly undertake reconstruction, Xxxxxx’s rent shall xxxxx according to the extent that the Lessee is deprived of the use of said leased premises. Reconstruction shall be completed within one hundred and twenty (120) days after said notice. If Lessor does not exercise said option to rebuild, either party may terminate the lease upon complete destruction of the premises (so long as the party seeking to terminate the lease is not a cause of the destruction)shall terminate. If the premises aforesaid buildings are only partially destroyed (or wholly untenantable due to no fault Lessee’s negligence or breach of covenant herein, Lessee shall be liable to Lessor for all rents herein. In the tenant)event that the entire building or any part thereof or the land on which it is located or any part thereof or Lessee’s leasehold interest or any part thereof should at any time be condemned or otherwise taken by public authority, the tenant may entire award or damages shall be paid to Lessor, and Lessee may, at its option, terminate this lease without liability to Lessee for the lease upon delivery damage to unexpired term of written notice leasehold. Lessor shall not be liable for any interruptions to the landlord if a substantial portion of the premises is damaged or if a material portion of the premises necessary for tenantXxxxxx’s use is damaged. Unless the lease provides otherwise, however, a tenant may not terminate the lease if the damage due to any casualty or destruction occurs to a part act of the property not actually leased by the tenant; e.g., a ground lessee may not terminate a lease if a building situated on the leased land is damaged or destroyed. If damage or destruction occurs and the lease continues in effect (either because neither party has the right to terminate the lease or neither party elects to do so), the tenant may not apportion rent if the lease does not permit apportionment and rent is required be paid in advance, even if the premises are uninhabitable. Of course, if the tenant is entitled to exercise a right to terminate, a shrewd tenant desirous of staying in the premises would probably threaten to exercise its right to terminate if the landlord would not permit a retroactive apportionment of rent. If a commercial landlord assumes an unconditional obligation to repair or rebuild the leased premises in the event of damage or destruction (as contrasted with an obligation merely to repair and maintain the premises), the tenant cannot terminate the lease. A landlord’s general covenant to repair and maintain the premises, however, does not preclude the tenant from exercising a right to terminate when the premises are totally destroyed. In addition, if a commercial lease gives the tenant a right to terminate the lease within a certain period of time after the damage or destruction occurs, the tenant may terminate the lease within that time-frame, even if the landlord has commenced the repair or rebuilding. Frustration of commercial purpose. Although a tenant may lease property for a specific purpose, the tenant may not terminate the lease because that purpose is frustrated. However, if the lease specifies and limits the tenant’s use of the premises, the tenant may be excused from performance and terminate the lease if the tenant may no longer use the premises for the purpose specified in the lease. A tenant’s right to terminate for frustration of purpose, however, is only available in cases of extreme hardship. Indeed, the tenant’s purpose must be completely frustrated. A “significant” or “material” frustration (e.g., the tenant’s purpose becomes more difficult or less profitable) is not sufficient to justify termination. In addition, the tenant must not have assumed the risk of the occurrence of the intervening event (regardless of how unimaginable the event was at the time of entering into the lease), the intervening event must have been unforeseeable at the time of entering into the lease, and the intervening event must be uncontrollable by the tenant at the time of its occurrenceGod.

Destruction of the Premises. If neither party assumes during the duty term of the lease, or of any extension thereof, the aforesaid buildings, or any part thereof, shall be so damaged by fire or lack of proper fire protection, the elements or causes other than Lessee’s negligence, as to render the leased space partially unfit for use by Lessee for the intended purpose of this lease and shall be capable of being repaired within a reasonable time, Lessor shall promptly undertake repair within a reasonable time of same and during the term that the building is untenantable, Lessee’s rent shall be abated pro-rata to the extent of the portion destroyed. If, during said term, or any extensions thereof, the aforesaid building, or any part thereof, shall be destroyed or so damaged by fire, the elements or other causes, other than Lessee’s negligence, as to render said premises totally unfit for use by Lessee for the intended purpose of this lease, this lease shall not be terminated, but Lessor shall have the right or option to rebuild and of providing the same amount and kind of space herein leased in the building as rebuilt. Such option to rebuild shall be exercised by Lessor by giving written notice to Lessee of its election to rebuild within thirty (30) days after leased premises are rendered unfit for use by Lessee. In event of the exercise of this option, Lessor shall promptly undertake reconstruction, Lessee’s rent shall xxxxx according to the extent that the Lessee is deprived of the use of said leased premises. Reconstruction shall be completed within one hundred and twenty (120) days after said notice. If Lessor does not exercise said option to rebuild, either party may terminate the lease upon complete destruction of the premises (so long as the party seeking to terminate the lease is not a cause of the destruction)shall terminate. If the premises aforesaid buildings are only partially destroyed (or wholly untenantable due to no fault Lessee’s negligence or breach of covenant herein, Lessee shall be liable to Lessor for all rents herein. In the tenant)event that the entire building or any part thereof or the land on which it is located or any part thereof or Lessee’s leasehold interest or any part thereof should at any time be condemned or otherwise taken by public authority, the tenant may entire award or damages shall be paid to Lessor, and Lessee may, at its option, terminate this lease without liability to Lessee for the lease upon delivery damage to unexpired term of written notice leasehold. Lessor shall not be liable for any interruptions to the landlord if a substantial portion of the premises is damaged or if a material portion of the premises necessary for tenantLessee’s use is damaged. Unless the lease provides otherwise, however, a tenant may not terminate the lease if the damage due to any casualty or destruction occurs to a part act of the property not actually leased by the tenant; e.g., a ground lessee may not terminate a lease if a building situated on the leased land is damaged or destroyed. If damage or destruction occurs and the lease continues in effect (either because neither party has the right to terminate the lease or neither party elects to do so), the tenant may not apportion rent if the lease does not permit apportionment and rent is required be paid in advance, even if the premises are uninhabitable. Of course, if the tenant is entitled to exercise a right to terminate, a shrewd tenant desirous of staying in the premises would probably threaten to exercise its right to terminate if the landlord would not permit a retroactive apportionment of rent. If a commercial landlord assumes an unconditional obligation to repair or rebuild the leased premises in the event of damage or destruction (as contrasted with an obligation merely to repair and maintain the premises), the tenant cannot terminate the lease. A landlord’s general covenant to repair and maintain the premises, however, does not preclude the tenant from exercising a right to terminate when the premises are totally destroyed. In addition, if a commercial lease gives the tenant a right to terminate the lease within a certain period of time after the damage or destruction occurs, the tenant may terminate the lease within that time-frame, even if the landlord has commenced the repair or rebuilding. Frustration of commercial purpose. Although a tenant may lease property for a specific purpose, the tenant may not terminate the lease because that purpose is frustrated. However, if the lease specifies and limits the tenant’s use of the premises, the tenant may be excused from performance and terminate the lease if the tenant may no longer use the premises for the purpose specified in the lease. A tenant’s right to terminate for frustration of purpose, however, is only available in cases of extreme hardship. Indeed, the tenant’s purpose must be completely frustrated. A “significant” or “material” frustration (e.g., the tenant’s purpose becomes more difficult or less profitable) is not sufficient to justify termination. In addition, the tenant must not have assumed the risk of the occurrence of the intervening event (regardless of how unimaginable the event was at the time of entering into the lease), the intervening event must have been unforeseeable at the time of entering into the lease, and the intervening event must be uncontrollable by the tenant at the time of its occurrenceGod.