DAMAGE TO THE DWELLING Clause Samples

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DAMAGE TO THE DWELLING. In the event the Dwelling is either partially or completely destroyed by fire or other disaster, Landlord may at its sole discretion and without liability to Tenant (including Rent credits): (i) elect to terminate this Lease, (ii) relocate Tenant to an alternate Dwelling in accordance with this Lease, or (iii) repair/rehabilitate the Dwelling. If the election to rehabilitate or repair is made, Tenant's rent shall be pro-rated so Tenant does not pay for the period when Tenant cannot occupy the Dwelling (or alternative Dwelling if provided by Landlord). If Landlord elects to relocate Tenant to an alternate Dwelling, Tenant agrees this Lease will continue in full force and effect and Tenant shall have no right to terminate this Lease due to the substantial impairment of the initial Dwelling. If the Dwelling is not rehabilitated or repaired within a reasonable time frame of the fire or other disaster this Lease will terminate at the discretion of Landlord. Notwithstanding the foregoing, it is expressly understood and agreed that Tenant shall not be excused from paying Rent if the damage or destruction to the Dwelling is the result of or is attributable in any way to Tenant or Tenant's guests or invitees, and Tenant shall be charged for the cost and expense of any repairs or clean-up related to such damage or destruction. Each Tenant shall be jointly and severally liable for animal violation charges, missing smoke detector alarm batteries, and damages to the common areas in the Dwelling if Landlord cannot in its sole and exclusive judgment, ascertain the identity of who was at fault. A. If the Dwelling becomes unusable, in part or totally, because of fire, accident or other casualty, this Lease will continue unless ended by Landlord under C below or by Tenant under D below. If the Dwelling is partially unusable, the rent will be reduced based upon the part of the Dwelling that is unusable. B. Landlord will repair and restore the Dwelling, unless Landlord decides to take action described in C below. C. After a fire, accident or other casualty in the Dwelling, Landlord may decide to tear down the Dwelling or to substantially rebuild it. In such case, Landlord need not restore the Dwelling but may end this Lease or relocate Tenant to an alternate Dwelling in the Neighborhood in accordance with this Lease. D. If the Dwelling is completely unusable because of fire, accident or other casualty and if Landlord is unable to relocate Tenant to an alternate Dwelling in th...
DAMAGE TO THE DWELLING. In the event the Dwelling is either partially or completely destroyed by fire or other disaster, Landlord may at its sole discretion and without liability to Tenant, elect to terminate this Lease, relocate Tenant to an alternate Dwelling in accordance with this Lease or repair/rehabilitate the Dwelling. If the election to rehabilitate or repair is made, Tenant's rent shall be pro-rated so Tenant does not pay for the period when Tenant cannot occupy the Dwelling (or alternative Dwelling if provided by Landlord). If the Dwelling is not rehabilitated or repaired within a reasonable time frame of the fire or other disaster this Lease will terminate at the discretion of Landlord. Notwithstanding the foregoing, it is expressly understood and agreed that Tenant shall not be excused from paying Rent if the damage or destruction to the Dwelling is the result of or is attributable in any way to Tenant or Tenant's guests or invitees, and Tenant shall be charged for the cost and expense of any repairs or clean- up related to such damage or destruction.

Related to DAMAGE TO THE DWELLING

  • DAMAGE TO THE PROPERTY If the property is damaged, by fire or other casualty, after the Effective Date and before the Closing, the Seller will bear the risk of loss and the Buyer may cancel this Agreement without liability and the Escrow Money shall be returned to the Buyer. Alternatively, the Buyer will have the option of purchasing the Property at the agreed-upon Purchase Price and the Seller will credit the deductible, if any, and transfer to the Buyer at Closing any insurance proceeds or Seller's claim to any insurance proceeds payable for the damage. The Seller will cooperate with and assist the Buyer in collecting any such proceeds. The Seller shall not settle any insurance claim for damage caused by casualty without the consent of the Buyer.

  • Damage to the Premises If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.

  • Damage to Equipment Each Party shall be responsible for damages to or loss of its own equipment. Each Party, and where applicable its insurer or coverage provider, waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or volunteers.

  • Damage to Property Of Others 1. We will pay, at replacement cost, up to $1,000 per "occurrence" for "property damage" to property of others caused by an "insured". 2. We will not pay for "property damage": a. To the extent of any amount recoverable under Section I;

  • DAMAGE TO FACILITIES The Student will promptly report damages and request necessary repairs, in accordance with established and published procedures. The Student is responsible for damages caused by the Student. Damages to shared or common areas not attributable to a responsible person are the joint responsibility of all persons sharing the space or area. UCF DHRL reserves the right to charge the Student for damages caused by the Student. Charges may include, but are not limited to, extraordinary pest control charges, repair of walls, furniture or fixtures, and damages to common areas. UCF DHRL also reserves the right to charge the Student for a portion of damages caused to spaces shared by the Student when the person responsible for damages to shared spaces cannot be identified.