Common use of Damage and Destruction and Expropriation Clause in Contracts

Damage and Destruction and Expropriation. 16.1 If, during the Term, the Premises are damaged or destroyed by fire or other casualty covered by a standard insurance policy, the Base Rent will a▇▇▇▇ in the proportion that the part of the Premises rendered unfit for occupancy bears to the whole of the Premises until the Premises are rebuilt. Unless the Lease is terminated as provided in Section 16.2, the Landlord agrees that it will, with reasonable diligence, repair the Premises to the extent that insurance proceeds for reconstruction are made available to the Landlord. 16.2 If the Premises are damaged or destroyed by any cause whatsoever and if the Landlord determines that the Premises cannot be rebuilt or made fit for the purposes of the Tenant’s use within one hundred and eighty (180) days of the damage or destruction, the Landlord shall advise the Tenant within thirty (30) days following such damage or destruction. The Landlord or Tenant may then, at its option, terminate the Lease by giving to the other party notice of termination within thirty (30) days of the Landlord’s notice above and thereupon any Rent and/or other payment for which the Tenant is liable under the Lease will be apportioned and paid to the date of such damage or destruction and the Tenant will immediately deliver up possession of the Premises to the Landlord. 16.3 The Tenant shall, when it becomes aware of same or when the Tenant should, acting reasonably, have become aware of same, notify the Landlord of any damage to, and/or deficiency and/or defect in any part of the Premises, and/or any equipment or utility systems, and/or any installations located therein, notwithstanding the fact that the Landlord may have no obligation with respect to same. 16.4 If the whole or any part of the Premises shall be condemned, expropriated or taken in any manner for any public or quasi-public use or purpose and as a result of any such event the Tenant is prevented from using the Premises for the purpose set forth in Section VI, the Landlord or the Tenant may at its option terminate this Lease by giving notice in writing to the other that the term hereof shall expire upon the date when possession is required for such purpose, and in the event of such expiration Landlord shall have no liability to Tenant of any nature whatsoever. 16.5 If the Landlord or the Tenant elects not to terminate the Lease, the Tenant shall be entitled to a diminution of the Rent during the period and for the area of the expropriation. Such diminution shall be reclaimed from the date the Tenant is required to vacate the expropriated premises and shall be calculated on a pro rata basis.

Damage and Destruction and Expropriation. 16.1 IfSection 8.1 - Damage to the Leased Premises Subject to Section 7.2, during if the Term, the Leased Premises are damaged or destroyed as a result of a peril insured or required to be insured against by fire or other casualty covered by a standard insurance policy, the Base Rent will a▇▇▇▇ in the proportion that the part of the Premises rendered unfit for occupancy bears to the whole of the Premises until the Premises are rebuilt. Unless the Lease is terminated as provided in Section 16.2Landlord, the Landlord agrees that it will, with reasonable diligence, will repair the Leased Premises promptly to the extent that insurance proceeds for reconstruction are made available to of the Landlord. 16.2 's Work, at the Landlord's expense. If part or all of the Leased Premises are damaged or destroyed by any cause whatsoever and if is, in the Landlord determines that opinion of the Premises canArchitect, not be rebuilt or made fit usable for the purposes of the Tenant’s use within one hundred and eighty (180) days contemplated by this Lease because of the damage or destruction, Minimum Rent, Percentage Rent, and, to the extent that the Landlord shall advise specifically receives insurance proceeds for it, Additional Rent will ▇▇▇▇▇ during the abatement period on a pro-rated basis for the Gross Leaseable Area of the unusable part of the Leased Premises. The abatement period is the period from the date of the damage or destruction until the earlier of: (a) the date when all of the Leased Premises are usable again in the opinion of the Architect; and (b) thirty (30) days after the Landlord's notice mentioned in the next sentence. When the Landlord notifies the Tenant that it has completed enough of the Landlord's Work to enable the Tenant to start the Tenant's Work, the Tenant will complete the Tenant's Work at its expense and reopen the whole of the Leased Premises for business as soon as possible, but in any case within thirty (30) days following such damage after the Landlord's notice is given. Section 8.2 - Damage to or destruction. The Landlord or Tenant may then, at its option, terminate Expropriation of the Lease by giving Development (a) Despite anything to the other party notice contrary in this Lease, if in the opinion of termination within the Architect more than thirty five percent (35%) of the Gross Leaseable Area of the Development is damaged, destroyed or expropriated, whether or not the Leased Premises are damaged, destroyed or expropriated, then the Landlord may, upon thirty (30) days' notice to the Tenant given within ninety (90) days after the damage, destruction or expropriation, terminate this Lease, and all Rent will ▇▇▇▇▇ as of the Landlord’s notice above and thereupon any Rent and/or effective date of the termination. A sale, conveyance, or other payment for which the Tenant is liable under the Lease disposition to a governmental authority made in contemplation of an expropriation or a threatened expropriation will be apportioned and paid to the date of such damage or destruction and the Tenant will immediately deliver up possession of the Premises to the Landlord. 16.3 The Tenant shall, when it becomes aware of same or when the Tenant should, acting reasonably, have become aware of same, notify the Landlord of any damage to, and/or deficiency and/or defect in any part of the Premises, and/or any equipment or utility systems, and/or any installations located therein, notwithstanding the fact that the Landlord may have no obligation with respect to same. 16.4 If the whole or any part of the Premises shall be condemned, expropriated or taken in any manner for any public or quasi-public use or purpose and as a result of any such event the Tenant is prevented from using the Premises considered an expropriation for the purpose set forth of this Section. (b) Despite anything to the contrary in Section VIthis Lease, if in the opinion of the Architect more than fifty percent (50%) of the Gross Leaseable Area of the Leased Premises is damaged, destroyed or expropriated, then the Landlord or the Tenant may at its option terminate this Lease by giving may, upon thirty (30) days' notice in writing to the other that given within ninety (90) days after the term hereof shall expire upon the date when possession is required for such purposedamage, destruction or expropriation, terminate this Lease, and in the event of such expiration Landlord shall have no liability to Tenant of any nature whatsoever. 16.5 If the Landlord or the Tenant elects not to terminate the Lease, the Tenant shall be entitled to a diminution all Rent will ▇▇▇▇▇ as of the Rent during the period and for the area effective date of the expropriation. Such diminution shall be reclaimed from the date the Tenant is required to vacate the expropriated premises and shall be calculated on a pro rata basistermination.