Common use of DAMAGE TO OR DESTRUCTION OF PREMISES Clause in Contracts

DAMAGE TO OR DESTRUCTION OF PREMISES. 20.1 If the Premises are destroyed or so damaged that they can no longer be beneficially occupied, this lease shall terminate when that happens unless the parties agree otherwise in writing. 20.2 If the Premises are significantly damaged but can still be beneficially occupied, this lease shall remain in force and the Lessor shall repair the damage without undue delay but the rent shall be abated so as to compensate the Lessee fairly for the effects of the damage and repair work on the enjoyment of the Premises. Failing agreement on such abatement or on the applicability of this clause to any particular circumstances, the matter shall be referred to an expert appointed by the parties jointly or, if they do not agree on such appointment, nominated by the President for the time being of The Institute of Estate Agents of South Africa, and the decision of such expert shall be final and binding. The expert’s fees and disbursements, including any inspection costs, shall be borne and paid by the parties in equal shares. Pending determination of the abatement the Lessee shall continue to pay the full rent of the Premises as if they had not been damaged (or be excused from the payment of rent for the Premises), and as soon as the matter has been resolved the Lessor shall make the appropriate repayment to the Lessee (or the Lessee shall make up the arrears in the rent as abated). 20.3 Subject to clause 15, if any damage to the Premises or the destruction thereof is caused by an act or omission for which either party is responsible in terms of this lease or in law, the other party shall not be precluded by reason of any of the aforegoing provisions of this clause 20 from exercising or pursuing any alternative or additional right of action or remedy available to the latter party under the circumstances (whether in terms of this lease or in law).

DAMAGE TO OR DESTRUCTION OF PREMISES. 20.1 22.1 If the Building or Premises are is destroyed or so damaged that they the Lessee can no longer be beneficially occupiedoccupy the Premises, this lease shall terminate when that happens unless the parties agree otherwise in writing. 20.2 22.2 If the Premises are is significantly damaged but can still be beneficially occupied, this lease Agreement shall remain in force and the Lessor shall repair the damage without undue delay delay, but the rent shall be abated so as to compensate the Lessee fairly for the effects of the damage and repair work on the enjoyment of the Premises. Failing agreement on such abatement or on the applicability of this clause to any particular circumstances, the matter shall be referred to an expert appointed by the parties jointly or, if they do not agree on such appointment, nominated by the President for the time being of The Institute of Estate Agents of South Africa, and the decision of such expert shall be final and binding. The expert’s 's fees and disbursements, including any inspection costs, shall be borne and paid by the parties in equal shares. Pending determination of the abatement the Lessee shall continue to pay the full rent of for the Premises as if they had not been damaged (or be excused from the payment of rent for the Premises)damaged, and as soon as the matter has been resolved the Lessor shall make the appropriate repayment repayment, if any, to the Lessee (or the Lessee shall make up the arrears in the rent as abated)Lessee. 20.3 22.3 Subject to clause 1517, if any damage to the Premises or the destruction thereof is caused by an act or omission for which either party is responsible in terms of this lease Agreement or in law, the other party shall not be precluded by reason of any of the aforegoing provisions of this clause 20 22 from exercising or pursuing any alternative or additional right of action or remedy available to the latter party under the circumstances (whether in terms of this lease Agreement or in law).

DAMAGE TO OR DESTRUCTION OF PREMISES. 20.1 19.1 If the Premises are destroyed or so damaged that they can no longer be beneficially occupied, this lease shall terminate when that happens unless the parties agree otherwise in writingwriting otherwise. 20.2 19.2 If the Premises are significantly damaged but can still be beneficially occupied, this lease shall remain in force and the Lessor shall repair the damage without undue delay delay, but the rent Rent shall be abated so as to compensate the Lessee fairly for the effects on the enjoyment of the Premises of the damage and repair work on the enjoyment of the Premiseswork. Failing agreement on such abatement or on the applicability of this clause to any particular circumstances, the matter shall be referred to an expert appointed by the parties jointly or, if they do not agree on such appointment, nominated by the President for the time being of The Institute of Estate Agents of South Africa, and the decision of such expert shall be final and binding. The expert’s fees and disbursements, including any inspection costs, shall be borne and paid by the parties in equal shares. Pending determination of the abatement the Lessee shall continue to pay the Rent in full rent of the Premises as if they there had not been damaged no damage (or be excused from the payment of rent for the PremisesRent), and as soon as the matter has been resolved the Lessor shall make the appropriate repayment to the Lessee (or the Lessee shall make up the arrears in the rent Rent as abated). 20.3 Subject to clause 15, if 19.3 If any damage to the Premises or the destruction thereof is caused by an act or omission for which either party is responsible in terms of this lease or in law, the other party shall not be precluded by reason of any of the aforegoing provisions of this clause 20 19 from exercising or pursuing any alternative or additional right of action or remedy available to the latter party under the circumstances (whether in terms circumstances. 19.4 The aforegoing provisions of this lease clause 19 shall apply also to any damage to or in law)the destruction of all or any of the Furniture which occurs together with any damage to or the destruction of the Premises, the aforegoing references to repairs to be read as including reference to the replacement of any items of the Furniture which are destroyed or irreparably damaged.

DAMAGE TO OR DESTRUCTION OF PREMISES. 20.1 19.1 If the Premises are destroyed or so damaged that they can no longer be beneficially occupied, this lease shall terminate when that happens unless the parties agree otherwise in writingwriting otherwise. 20.2 19.2 If the Premises are significantly damaged but can still be beneficially occupied, this lease shall remain in force and the Lessor shall repair the damage without undue delay but the rent shall be abated so as to compensate the Lessee fairly for the effects on the enjoyment of the Premises of the damage and repair work on the enjoyment of the Premiseswork. Failing agreement on such abatement or on the applicability of this clause to any particular circumstances, the matter shall be referred to an expert appointed by the parties jointly or, if they do not agree on such appointment, nominated by the President for the time being of The Institute of Estate Agents of South Africa, and the decision of such expert shall be final and binding. The expert’s fees and disbursements, including any inspection costs, shall be borne and paid by the parties in equal shares. Pending determination of the abatement the Lessee shall continue to pay the full rent of for the Premises as if they had not been damaged (or be excused from the payment of rent for the Premises), and as soon as the matter has been resolved the Lessor shall make the appropriate repayment to the Lessee (or the Lessee shall make up the arrears in the rent as abated). 20.3 Subject to clause 15, if 19.3 If any damage to the Premises or the destruction thereof is caused by an act or omission for which either party is responsible in terms of this lease or in law, the other party shall not be precluded by reason of any of the aforegoing provisions of this clause 20 19 from exercising or pursuing any alternative or additional right of action or remedy available to the latter party under the circumstances (whether in terms of this lease or in law)circumstances.

DAMAGE TO OR DESTRUCTION OF PREMISES. 20.1 19.1. If the Premises are destroyed or so damaged that they can no longer be beneficially occupied, this lease shall terminate when that happens unless the parties agree otherwise in writingwriting otherwise. 20.2 19.2. If the Premises are significantly damaged but can still be beneficially occupied, this lease shall remain in force and the Lessor shall repair the damage without undue delay but the rent shall be abated so as to compensate the Lessee fairly for the effects on the enjoyment of the Premises of the damage and repair work on the enjoyment of the Premiseswork. Failing agreement on such abatement or on the applicability of this clause to any particular circumstances, the matter shall be referred to an expert appointed by the parties jointly or, if they do not agree on such appointment, nominated by the President for the time being of The Institute of Estate Agents of South Africa, and the decision of such expert shall be final and binding. The expert’s fees and disbursements, including any inspection costs, shall be borne and paid by the parties in equal shares. Pending determination of the abatement the Lessee shall continue to pay the full rent of for the Premises as if they had not been damaged (or be excused from the payment of rent for the Premises), and as soon as the matter has been resolved the Lessor shall make the appropriate repayment to the Lessee (or the Lessee shall make up the arrears in the rent as abated). 20.3 Subject to clause 15, if 19.3. If any damage to the Premises or the destruction thereof is caused by an act or omission for which either party is responsible in terms of this lease or in law, the other party shall not be precluded by reason of any of the aforegoing provisions of this clause 20 19 from exercising or pursuing any alternative or additional right of action or remedy available to the latter party under the circumstances (whether in terms of this lease or in law)circumstances.

DAMAGE TO OR DESTRUCTION OF PREMISES. 20.1 18.1 If the Premises are Property is destroyed or so damaged because of any force maior (act of God or nature) or the acts or omissions of others over whom the Lessor has no direct authority or control to such an extent, that they the Property can no longer be beneficially occupied, this lease shall will terminate when that happens with immediate effect happens, unless the parties agree otherwise in writingwriting otherwise. 20.2 If 18.2 Should the Premises are be significantly damaged but damaged, however can still be beneficially occupied, this lease shall remain in force will continue and the Lessor shall must repair the damage without undue delay but the any reasonable delay. The rent shall must then be abated so as (lessened) to compensate the Lessee fairly for the effects on the enjoyment of the Premises of the damage and repair work on work. 18.3 If there is no agreement about the enjoyment application of the Premises. Failing agreement on such abatement or on the applicability of this above clause to any particular circumstances, the parties must refer the matter shall be referred to an expert appointed jointly by the parties jointly or, if they do parties. If however the Lessor and Lessee cannot agree on such appointmentthe appointment of an expert, nominated by the President for of the time being of The Institute of Estate Agents of South Africa, Africa will appoint one and the decision of such expert shall will be final and binding. . 18.4 The expert’s fees and disbursements, including any inspection costs, shall as per clauses 18.2 and 18.3 above, will be borne and paid by the parties in equal 50/50 shares. . 18.5 Pending determination by the expert, regarding the beneficial occupation by the Lessee of the abatement Property, the Lessee shall must continue to pay the full rent of for the Premises as if they the Property had not been damaged (or be excused from the payment of or rent for the PremisesProperty by the Lessor), and as soon as the matter has been resolved the Lessor shall must make the appropriate repayment to the Lessee (or the Lessee shall make up the arrears in the rent as abatedrent). 20.3 Subject to clause 15, if 18.6 If either of the Parties caused any damage or destruction to the Premises or the destruction thereof is caused by an act or omission for which either party is responsible in terms of this lease or in lawPremises, the other party shall not be precluded by reason of any of the aforegoing provisions of this clause 20 from exercising or pursuing any may still pursue another alternative or additional right of action or remedy available to the latter party under the circumstances (whether in terms of this lease or in law)remedy, despite clauses 18.1 and 18.2.

DAMAGE TO OR DESTRUCTION OF PREMISES. 20.1 18.1 If the Premises are main residential Building on the Property is destroyed or so damaged that they it can no longer be beneficially occupied, this lease shall terminate when that happens unless the parties agree otherwise in writingwriting otherwise. 20.2 18.2 If such Building or any other Building on the Premises are Property is significantly damaged but can still be beneficially occupied, this lease shall remain in force and the Lessor shall repair the damage without undue delay but the rent Rent shall be abated so as to compensate the Lessee fairly for the effects on the enjoyment of the Property of the damage and repair work on the enjoyment of the Premiseswork. Failing agreement on such abatement or on the applicability of this clause to any particular circumstances, the matter shall be referred to an expert appointed by the parties jointly or, if they do not agree on such appointment, nominated by the President for the time being of The Institute of Estate Agents of South Africa, and the decision of such expert shall be final and binding. The expert’s 's fees and disbursements, including any inspection costs, shall be borne and paid by the parties in equal shares. Pending determination of the abatement the Lessee shall continue to pay the Rent in full rent of the Premises as if they there had not been damaged no damage (or be excused from the payment of rent for the PremisesRent), and as soon as the matter has been resolved the Lessor shall make the appropriate repayment to the Lessee (or the Lessee shall make up the arrears in the rent Rent as abated). 20.3 Subject to clause 15, if 18.3 If any damage to any of the Premises Buildings or the destruction thereof is caused by an act or omission for which either party is responsible in terms of this lease or in law, the other party shall not be precluded by reason of any of the aforegoing provisions of this clause 20 18 from exercising or pursuing any alternative or additional right of action or remedy available to the latter party under the circumstances (whether in terms circumstances. 18.4 The aforegoing provisions of this lease clause 18 shall apply also to any damage to, or in law)the destruction of, all or any of the Lessor's Equipment which occurs together with any damage to or the destruction of the Buildings or any of them, the aforegoing references to repairs to be read as including reference to the replacement of any items of the Lessor's Equipment which are destroyed or irreparably damaged.

DAMAGE TO OR DESTRUCTION OF PREMISES. 20.1 18.1 If the Premises are main residential Building on the Property is destroyed or so damaged that they it can no longer be beneficially occupied, this lease shall terminate when that happens unless the parties agree otherwise in writingwriting otherwise. 20.2 18.2 If such Building or any other Building on the Premises are Property is significantly damaged but can still be beneficially occupied, this lease shall remain in force and the Lessor shall repair the damage without undue delay but the rent Rent shall be abated so as to compensate the Lessee fairly for the effects on the enjoyment of the Property of the damage and repair work on the enjoyment of the Premiseswork. Failing agreement on such abatement or on the applicability of this clause to any particular circumstances, the matter shall be referred to an expert appointed by the parties jointly or, if they do not agree on such appointment, nominated by the President for the time being of The Institute of Estate Agents of South Africa, and the decision of such expert shall be final and binding. The expert’s fees and disbursements, including any inspection costs, shall be borne and paid by the parties in equal shares. Pending determination of the abatement the Lessee shall continue to pay the Rent in full rent of the Premises as if they there had not been damaged (or be excused from the payment of rent for the Premises)no damage, and as soon as the matter has been resolved the Lessor shall make the appropriate repayment to the Lessee (or the Lessee shall make up the arrears in the rent as abated)Lessee. 20.3 Subject to clause 15, if 18.3 If any damage to any of the Premises Buildings or the destruction thereof is caused by an act or omission for which either party is responsible in terms of this lease or in law, the other party shall not be precluded by reason of any of the aforegoing provisions of this clause 20 18 from exercising or pursuing any alternative or additional right of action or remedy available to the latter party under the circumstances (whether in terms circumstances. 18.4 The aforegoing provisions of this lease clause 19 shall apply also to any damage to, or in law)the destruction of, all or any of the Lessor’s Equipment which occurs together with any damage to or the destruction of the Buildings or any of them, the aforegoing references to repairs to be read as including reference to the replacement of any items of the Lessor’s Equipment which are destroyed or irreparably damaged.

DAMAGE TO OR DESTRUCTION OF PREMISES. 20.1 19.1 If the Premises are main residential Building on the Property is destroyed or so damaged that they it can no longer be beneficially occupied, this lease shall terminate when that happens unless the parties agree otherwise in writingwriting otherwise. 20.2 19.2 If such Building or any other Building on the Premises are Property is significantly damaged but can still be beneficially occupied, this lease shall remain in force and the Lessor shall repair the damage without undue delay but the rent Rent shall be abated so as to compensate the Lessee fairly for the effects on the enjoyment of the Property of the damage and repair work on the enjoyment of the Premiseswork. Failing agreement on such abatement or on the applicability of this clause to any particular circumstances, the matter shall be referred to an expert appointed by the parties jointly or, if they do not agree on such appointment, nominated by the President for the time being of The Institute of Estate Agents of South Africa, and the decision of such expert shall be final and binding. The expert’s fees and disbursements, including any inspection costs, shall be borne and paid by the parties in equal shares. Pending determination of the abatement the Lessee shall continue to pay the Rent in full rent of the Premises as if they there had not been damaged no damage (or be excused from the payment of rent for the PremisesRent), and as soon as the matter has been resolved the Lessor shall make the appropriate repayment to the Lessee (or the Lessee shall make up the arrears in the rent Rent as abated). 20.3 Subject to clause 15, if 19.3 If any damage to any of the Premises Buildings or the destruction thereof is caused by an act or omission for which either party is responsible in terms of this lease or in law, the other party shall not be precluded by reason of any of the aforegoing provisions of this clause 20 19 from exercising or pursuing any alternative or additional right of action or remedy available to the latter party under the circumstances (whether in terms circumstances. 19.4 The aforegoing provisions of this lease clause 19 shall apply also to any damage to, or in law)the destruction of, all or any of the Lessor’s Equipment which occurs together with any damage to or the destruction of the Buildings or any of them, the aforegoing references to repairs to be read as including reference to the replacement of any items of the Lessor’s Equipment which are destroyed or irreparably damaged.

DAMAGE TO OR DESTRUCTION OF PREMISES. 20.1 18.1 If the Premises are main residential Building on the Property is destroyed or so damaged that they it can no longer be beneficially occupied, this lease shall terminate when that happens unless the parties agree otherwise in writingwriting otherwise. 20.2 18.2 If such Building or any other Building on the Premises are Property is significantly damaged but can still be beneficially occupied, this lease shall remain in force and the Lessor shall repair the damage without undue delay but the rent Rent shall be abated so as to compensate the Lessee fairly for the effects on the enjoyment of the Property of the damage and repair work on the enjoyment of the Premiseswork. Failing agreement on such abatement or on the applicability of this clause to any particular circumstances, the matter shall be referred to an expert appointed by the parties jointly or, if they do not agree on such appointment, nominated by the President for the time being of The Institute of Estate Agents of South Africa, and the decision of such expert shall be final and binding. The expert’s 's fees and disbursements, including any inspection costs, shall be borne and paid by the parties in equal shares. Pending determination of the abatement the Lessee shall continue to pay the Rent in full rent of the Premises as if they there had not been damaged no damage (or be excused from the payment of rent for the PremisesRent), and as soon as the matter has been resolved the Lessor shall make the appropriate repayment to the Lessee (or the Lessee shall make up the arrears in the rent Rent as abated). 20.3 Subject to clause 15, if 18.3 If any damage to any of the Premises Buildings or the destruction thereof is caused by an act or omission for which either party is responsible in terms of this lease or in law, the other party shall not be precluded by reason of any of the aforegoing provisions of this clause 20 19 from exercising or pursuing any alternative or additional right of action or remedy available to the latter party under the circumstances (whether in terms circumstances. 18.4 The aforegoing provisions of this lease clause 19 shall apply also to any damage to, or in law)the destruction of, all or any of the Lessor's Equipment which occurs together with any damage to or the destruction of the Buildings or any of them, the aforegoing references to repairs to be read as including reference to the replacement of any items of the Lessor's Equipment which are destroyed or irreparably damaged.

DAMAGE TO OR DESTRUCTION OF PREMISES. 20.1 18.1 If the Premises are Property is destroyed or so damaged because of any force maior (act of God or nature) or the acts or omissions of others over whom the Lessor has no direct authority or control to such an extent, that they the Property can no longer be beneficially occupied, this lease shall will terminate when that happens with immediate effect happens, unless the parties agree otherwise in writingwriting otherwise. 20.2 If 18.2 Should the Premises are be significantly damaged but damaged, however can still be beneficially occupied, this lease shall remain in force will continue and the Lessor shall must repair the damage without undue delay but the any reasonable delay. The rent shall must then be abated so as (lessened) to compensate the Lessee fairly for the effects on the enjoyment of the Premises of the damage and repair work on work. 18.3 If there is no agreement about the enjoyment application of the Premises. Failing agreement on such abatement or on the applicability of this above clause to any particular circumstances, the parties must refer the matter shall be referred to an expert appointed jointly by the parties jointly or, if they do parties. If however the Lessor and ▇▇▇▇▇▇ cannot agree on such appointmentthe appointment of an expert, nominated by the President for of the time being of The Institute of Estate Agents of South Africa, Africa will appoint one and the decision of such expert shall will be final and binding. . 18.4 The expert’s fees and disbursements, including any inspection costs, shall as per clauses 18.2 and 18.3 above, will be borne and paid by the parties in equal 50/50 shares. . 18.5 Pending determination by the expert, regarding the beneficial occupation by the Lessee of the abatement Property, the Lessee shall must continue to pay the full rent of for the Premises as if they the Property had not been damaged (or be excused from the payment of or rent for the PremisesProperty by the Lessor), and as soon as the matter has been resolved the Lessor shall must make the appropriate repayment to the Lessee (or the Lessee shall make up the arrears in the rent as abatedrent). 20.3 Subject to clause 15, if 18.6 If either of the Parties caused any damage or destruction to the Premises or the destruction thereof is caused by an act or omission for which either party is responsible in terms of this lease or in lawPremises, the other party shall not be precluded by reason of any of the aforegoing provisions of this clause 20 from exercising or pursuing any may still pursue another alternative or additional right of action or remedy available to the latter party under the circumstances (whether in terms of this lease or in law)remedy, despite clauses 18.1 and 18.2.