Common use of Damage to or Destruction of Property Clause in Contracts

Damage to or Destruction of Property. 9.1 Should any portion of the leased premises or any building or facility on the leased premises be damaged or destroyed to an extent which prevents the Lessee from having beneficial occupation of the whole or any part of the leased premises, then – 9.1.1 this lease shall not be terminated, unless the leased premises in its entirety is substantially unsuitable for beneficial occupation; 9.1.2 the rental payable by the Lessee shall be reduced to the extent to which the Lessee is deprived of beneficial occupation of part of the leased premises (the extent of such reduction to be determined by an expert nominated by the auditors of the Lessor) whose decision shall be final and binding for the parties and whose costs shall be borne in equal shares by the parties: Provided that the Lessee shall not be entitled to any such reduction if any such damage is caused by the Lessee or any person in respect with whom the Lessee has vicarious liability; 9.1.3 the Lessee shall have no claim of any nature whatever against the Lessor as a result thereof unless any loss or damage suffered by the Lessee shall have been caused by the negligence of the Lessor. 9.2 For the avoidance of doubt it is agreed that any possible reduction in the rental referred to clause 9.1 shall not affect the obligation of the Lessee to pay any other amounts in full in terms of this agreement, including, but not limited to rates and taxes, local authority charges and accounts for the consumption of Municipal and other services.