CESSER OF RENT Clause Samples
The 'Cesser of Rent' clause defines the circumstances under which a tenant's obligation to pay rent is suspended or ceases entirely. Typically, this clause applies when the leased premises become unfit for occupation or use due to events such as fire, structural damage, or other significant incidents beyond the tenant's control. For example, if a building is rendered unusable by a natural disaster, the tenant may not be required to pay rent until the premises are restored. The core function of this clause is to protect tenants from financial liability when they are unable to use the property through no fault of their own, ensuring fairness in unforeseen situations.
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CESSER OF RENT. If the Premises or any part thereof shall be destroyed or so damaged by fire or any other risk insured against by the Landlord so as to be unfit for occupation or use then unless the insurance of the Premises shall have been vitiated by the act neglect default or omission of the Tenant the rent hereby reserved or such fair and just proportion thereof according to the nature and extent of the damage sustained as shall be determined by the Landlord's Surveyor whose decision shall be final and binding shall be suspended and cease to be payable until the Premises or damaged portion thereof shall have been reinstated or made fit for occupation or until the expiration of the period for which the Landlord has insured against loss of rent whichever is the shorter PROVIDED THAT if the Premises are not so reinstated or made fit for occupation as aforesaid by the expiration of the period for which the Landlord has insured against loss of rent then the Tenant shall at any time thereafter be entitled to serve on the Landlord not less than twenty- eight days notice of determination of this Lease in which event and upon the expiration of the period mentioned in the said notice this Lease shall absolutely determine but without prejudice to the rights of either party against the other in respect of any antecedent breach of covenant PROVIDED FURTHER that in the event of the service of such notice as aforesaid the Tenant shall (but for the period of the notice only not exceeding twenty-eight days) not be under any obligation to pay the rent due under this Lease
CESSER OF RENT. If the Demised Premises are destroyed or damaged by any Insured Risk so as to be unfit for occupation and use and the insurance effected by the Landlord has not been vitiated or payment of the policy moneys refused in whole or in part because of any act or default of or suffered by the Tenant, then the rents first and third reserved, or a fair proportion of those rents according to the nature and extent of the damage, shall cease to be payable until the Demised Premises shall again be fit for occupation and use or until the expiration of three years from the date the destruction or damage occurred (whichever period shall be the shorter).
CESSER OF RENT. (A) If the whole or any part of the Building or its essential accesses or services are damaged or destroyed by any of the insured risks so as to render the demised premises unfit for occupation and use and the insurance effected by the Landlord is not vitiated, avoided or forfeited or the payment of the insurance proceeds or of any part of them refused or withheld by reason of any act or default of the Tenant or any person deriving title under the Tenant or their respective agents, servants or licensees then the rents reserved by this Lease or a fair proportion of them according to the nature and extent of the damage sustained will be suspended until the demised premises are again rendered fit for occupation and use or until the expiration of such period in respect of which loss of rent insurance may have been effected whichever is the earlier.
(B) Any dispute arising under sub-paragraph (A) is to be determined by a single arbitrator in accordance with Arbitration ▇▇▇ ▇▇▇▇.
CESSER OF RENT. If during the Term the demised premises or any part thereof or all means of access thereto shall be destroyed or damaged by any of the risks against which insurance is effected pursuant to the Head Lease so as to render the demised premises or any part thereof unfit for occupation or use then (if the Tenant shall have duly carried out the Tenant's obligations under sub-clauses 3.1 and 3.2 hereof and if no insurance of the demised premises or rents payable hereunder shall have been vitiated or payment of the policy moneys refused in whole or in part by some act or default of the Tenant his servants agents or visitors) the rents hereby reserved or a fair and just proportion thereof according to the nature and extent of the damage sustained shall be suspended and cease to be payable as from the date of such destruction or damage until the demised premises shall have been rebuilt or reinstated and made fit for occupation and use and any dispute as to the extent proportion or period of such suspension shall be determined by a single arbitrator to be appointed by the Landlord and the Tenant and in case of difference by the President for the time being of the Royal Institution of Chartered Surveyors in accordance with the provisions of the Arbitration Acts 1950 to 1979 or any statutory modification re-enactment or replacement thereof for the time being in force
CESSER OF RENT. 5.1 If the Premises, the remainder of the Building or any part thereof (as the case may be) is damaged by any of the Insured Risks so as to render the Premises unfit for occupation and use and/or inaccessible and the insurance effected by the Landlord is not vitiated, avoided or forfeited or the payment of the insurance proceeds or of any part of them refused or withheld by reason of any default of the Tenant then the Reduced Rent or the Principal Yearly Rent (as applicable) or a fair proportion of them according to the nature and extent of the damage sustained will be suspended until the Premises (excluding fitting out works and replacement of contents, fixtures and fittings) are again fit for occupation and use and accessible or, if earlier, until the expiration of such period in respect of which loss of rent insurance may have been effected.
CESSER OF RENT. If the Building and/or the Demised Premises or any part thereof or the means of access thereto are destroyed or damaged by any of the Insured Risks so far as to render the Demised Premises or any part thereof or access to them unfit for occupation and use then and so often as it happens (if at the date thereof the payment of any of the insurance monies has not been withheld or refused by reason of any act or default of the Tenant any person deriving title under the Tenant or their respective servants agents or licensees) the rent reserved under clause 2.1 and the Service Charge or a fair and just proportion thereof according to the nature and extent of the damage shall be suspended for so long as the Demised Premises or the access to them or the destroyed or damaged part thereof remain unfit for occupation and use by reason of such destruction or damage or for three years whichever shall be the shorter and if any dispute arises between the Landlord and the Tenant in regard to the amount or the period of the suspension of the said rent or otherwise in relation thereto it shall be referred to arbitration under the provisions of the Arbitration A▇▇ ▇▇▇▇.
CESSER OF RENT. If the Building and/or the Demised Premises or any part thereof or the means of access thereto are destroyed or damaged by any of the Insured Risks so far as to render the Demised Premises or any part thereof or access to them unfit for occupation and use then and so often as it happens (if at the date thereof the payment of any of the insurance monies has not been withheld or refused by reason of any act or default of the Tenant any person deriving title under the Tenant or their respective servants agents or licensees) the rent reserved under clause 2.1 and clause 2.2 and the service charge or a fair and just proportion thereof according to the nature and extent of the damage shall be suspended for so long as the Demised Premises or the access to them or the destroyed or damaged part thereof remain unfit for occupation and use by reason of such destruction or damage or for three years whichever shall be the shorter and if any dispute arises between the Landlord and the Tenant in regard to the amount or the period of the suspension of the said rent or otherwise in relation thereto it shall be referred to arbitration under the provisions of the Arbitration Act ▇▇▇▇.
CESSER OF RENT. If the Premises or any part thereof shall at any time during the Term be unfit for occupation and use or if the access thereto has been destroyed or damaged or if the Premises or any part thereof must remain unoccupied to enable the Landlord to comply with his obligations under this Lease or to execute any repairs to any adjoining premises belonging to the Landlord then and in any such case the rent hereby reserved (or a fair proportion thereof according to the nature and extent of the damage sustained and/or the extent and area of that part of the Premises as is so affected) shall be suspended until the Premises shall again be rendered fit and made available for habitation and use or the access reinstated as applicable and any dispute as to the extent proportion or period of such suspensions shall be determined by a single arbitrator to be appointed by the Landlord and the Tenant and in case of difference by the President for the time being of the Royal Institution of Chartered Surveyors in accordance with the provisions of the Arbitration ▇▇▇ ▇▇▇▇ or any statutory modification of re-enactment thereof for the time being in force
CESSER OF RENT. If the Demised Premises or any part thereof is at any time during the Term damaged or destroyed by the Insured Risks or any of them so as to be unfit for occupation and use and if the insurance effected by the Lessor has not been rendered void or the insurance money wholly or in part withheld by reason of any act or omission of the Lessee or the servants, or agents, of the Lessee then the Rent and Service Charges hereby reserved or a due proportion thereof according to the nature and extent of the damage sustained shall be suspended until the Demised Premises or the damaged part thereof as the case may be is again rendered fit for occupation and use and any dispute regarding the cesser of Rent and Service Charge shall be referred to a single arbitrator to be appointed, in default of agreement, upon the application of either party, by or on behalf of the Chairman or acting Chairman for the time being of the Society of Chartered Surveyors in the Republic of Ireland in accordance with the provisions of the Arbitrations Acts 1954 to 1980.
CESSER OF RENT. If the Demised Premises are destroyed or damaged by any Insured Risk so as to be unfit for occupation and use and the insurance effected by the Landlord has not been vitiated or payment of the policy moneys refused in whole or in part because of any act or default of or suffered by the Tenant, then the rents first and third reserved, or a fair proportion of those rents according to the nature and extent of the damage, shall cease to be payable until the Demised Premises shall again be fit for occupation and use.