Damage or Destruction of Improvements Clause Samples

Damage or Destruction of Improvements. In the event the Premises shall be rendered untenable by fire or other casualty, Landlord will, within sixty (60) calendar days from the date of said damage or destruction, repair or replace the Premises to substantially the same condition as prior to the damage or destruction. If Landlord fails to commence repair of the damage or destruction within thirty (30) calendar days from the date of such damage or destruction, or if the Premises have not been replaced or repaired to such condition within sixty (60) calendar days, Tenant may, at its option, upon written notice to the Landlord, terminate this Lease. The rent herein required to be paid shall ▇▇▇▇▇ during the period of such untenantability. If the Premises shall be damaged in part by fire or other casualty but still remains tenantable, Landlord shall repair the Premises to substantially the same condition as prior to the damage. Landlord shall commence repair of the damage or destruction within thirty (30) calendar days from the date of occurrence. During the period of such repairs and restoration, the Lease shall continue in full force and effect; provided, however, that Tenant shall be required to pay the rent, herein reserved, abated by the percentage of area destroyed as compared to the total area herein demised. Said percentage shall be established within ten (10) calendar days following the damage. Any dispute which arises under this Article regarding the usability of the Premises and reasonable rent shall be settled by arbitration pursuant to the provisions of Article 28.

Damage or Destruction of Improvements. In the event the Improvements shall be rendered untenantable by fire or other casualty, Landlord shall within one hundred twenty (120) days from the date of such damage or destruction, repair or replace the Improvements to substantially the same condition as prior to the damage or destruction. If Landlord fails to commence repair of the damage or destruction within thirty (30) days from the date of such damage or destruction, or if the Improvements have not been replaced or repaired to such condition within one hundred twenty (120) days, Tenant, at Tenant's option (to be exercised by written notice to Landlord), may terminate this Lease, or Tenant may cause such repairs to be completed, and any cost or expense incurred by Tenant with respect to such repairs will be immediately reimbursed by Landlord. If Landlord fails to so reimburse Tenant, Tenant, at Tenant's option, may off set the amount of such costs and expenses against the rent due under this Lease. The rent herein required to be paid shall ▇▇▇▇▇ during the period of such untenantability. If the Improvements shall be damaged in part by fire or other casualty, but still remain tenantable, Landlord shall repair the Improvements to substantially the same condition as prior to the damage. During the period of such repairs and restorations, the Lease shall continue in full force and effect, provided, however, that Tenant shall be required to pay the rent herein reserved abated by the percentage of area destroyed as compared to the total area herein demised, unless such fire or other casualty is caused by Tenant's negligence in which case the rental shall not ▇▇▇▇▇ but will continue unaffected during the repair period. If Landlord fails to commence repair of the damage or destruction within thirty (30) days from the date of such damage or destruction, or if the Improvements have not been replaced or repaired to such condition within one hundred twenty (120) days, Tenant, at Tenant's option (to be exercised by written notice to Landlord), may terminate this Lease, or Tenant may cause such repairs to be completed, and any cost or expense incurred by Tenant with respect to such repairs will be immediately reimbursed by Landlord. If Landlord fails to so reimburse Tenant, Tenant, at Tenant's option, may off set the amount of such costs and expenses against the rent due under this Lease. In the event that any damage or destruction occurs during the last twelve (12) months of the original term of this Lease or a...

Damage or Destruction of Improvements. Should the Company's Improvements to the Premises or its furnishings, fixtures, signage, trade fixtures, and equipment, or any part of them, be destroyed or damaged, whether or not said damage or destruction is covered by insurance, Company shall, at its sole cost and expense, and in compliance with Article

Damage or Destruction of Improvements. If the improvements located upon the Premises shall be damaged or destroyed by any cause insured against, Landlord shall, rebuild or restore the damaged or destroyed improvements, using insurance proceeds for such purpose and this Lease shall continue in full force and effect. In such event the rental reserved hereunder shall be paid by the business interruption insurance hereinafter provided for. If the remaining term is one (1) year or less, either party shall have the right to terminate this Lease.

Damage or Destruction of Improvements. Should the Company's Improvements to the Premises or its furnishings, fixtures, signage, trade fixtures, and equipment, or any part of them, be destroyed or damaged, whether or not said damage or destruction is covered by insurance, Company shall, at its sole cost and expense, and in compliance with Article 6C. through 6.E., above, reconstruct all Improvements to the Premises and replace all furnishings, fixtures, signage, trade fixtures and equipment with all such replacements being of equal quality to those originally installed by Company in the Premises, except in the event that the Premises are so damaged that they are untenable and cannot reasonably be repaired within thirty (30) days and the Aviation Authority has elected to terminate this Agreement as provided in Article 13.C., above. If Company fails to repair or replace such improvements in accordance with a schedule approved by the Aviation Authority, the Aviation Authority shall have the right (but not the obligation) to make such repairs and/or replacement and recover from Company the cost and expense thereof.

Damage or Destruction of Improvements. In the event that any or all of the improvements located in or on the Leased Premises shall suffer partial or substantial destruction at any time during the Term of this Agreement, the respective rights and obligations of the parties hereto with respect to reconstruction, repairing, and/or restoring such improvements and/or with respect to the matter of the continuance or termination of this Agreement following any such destruction, shall be controlled by the provisions of this Section.

Damage or Destruction of Improvements. 29- 5.7 Intentionally Deleted ......................................................................................... -31-

Damage or Destruction of Improvements. The complete or partial destruction or damage, by fire or other casualty, of the Improvements shall not, except as provided herein, terminate this Lease or entitle the Tenant to surrender possession of the Lands or to have or to demand any abatement or reduction of the Rent or other charges payable under this Lease.

Damage or Destruction of Improvements. If the Improvements, or any portion thereof, are destroyed or damaged by fire, windstorm, or other causes, regardless of whether such causes are based upon an act or omission of Owner or an agent, employee or officer of Owner, Owner shall replace such items to the extent that such replacement or repair can be accomplished using all available insurance proceeds. The damage to, or destruction of, the Improvements, or any portion thereof, shall not relieve Owner from the duty to pay the Annual PILOT Floor Amount specified in Section 2.3(b) above.