Destruction of Leased Premises Clause Samples
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Destruction of Leased Premises. In the event of damage or destruction of the Leased Premises by fire or any other casualty, this Lease shall not be terminated, but the Leased Premises shall be promptly and fully repaired and restored as the case may be by the Board to the extent of the Board’s insurance proceeds, provided such repair and or restoration returns the Leased Premises to substantially the same condition prior to such damage or destruction. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of insurance claims, and for such other delays as may result from government restrictions, and controls on construction, if any, and for strikes, national emergencies and other conditions beyond the control of the Board. It is agreed that in the event of damage or destruction, this Lease shall continue in full force and effect, except for abatement of rent as provided herein. If the condition is such as to make the entire Leased Premises untenantable, then the rent which the County is obligated to pay hereunder shall ▇▇▇▇▇ as of the date of the occurrence until the Leased Premises have been fully restored by the Board. Any unpaid or prepaid rent for the month in which said condition occurs shall be prorated and credited or paid to the appropriate Party. If the Leased Premises are partially damaged or destroyed, then during the period that the County is deprived of the use of the damaged portion of said Leased Premises, the County shall only be required to pay rent prorated to reflect that portion of the Leased Premises which continues to be tenantable and appropriate for the County’s use of the Leased Premises. The Board will proceed at its expense to the extent of its insurance proceeds, and as expeditiously as may be practicable to repair the damage. Notwithstanding any of the foregoing, the Board shall not be required to expend any funds, other than insurance proceeds, to repair the Leased Premises which have been damaged by casualty. In the event that the Board elects not to repair the damage because of a lack of insurance proceeds, or because the damages are so extensive to make repair economically unfeasible, in which event and at the Board’s sole option, the Board may terminate this Lease forthwith, by giving the County a written notice of its intention to terminate within sixty (60) days after the date of the casualty. No compensation, or claim, or diminution of rent other than as described above will be allowed or paid, by the Board, b...
Destruction of Leased Premises. 23 Section 9.1.
Destruction of Leased Premises. Tenant shall notify Landlord as soon as possible of any damage at the Leased Premises. Tenant shall notify Landlord immediately of any condition in or about the Leased Premises which threatens (a) the Leased Premises or (b) the property or safety of Tenant, Landlord or others. Tenant shall pay Landlord for all damages to Leased Premises caused in whole or in part by the negligence of Tenant or Tenant’s occupant, family, or any of their guests.
Destruction of Leased Premises. If the Building is damaged or partially destroyed by fire or other casualty to the extent of less than one-quarter (1/4) of the then cost of replacement thereof above foundation, the same shall be repaired as quickly as is practicable, by Landlord, except that the obligation of Landlord to rebuild shall be limited to repairing or rebuilding of Landlord's improvements. If the Building is so destroyed or damaged to the extent of one-quarter (1/4) or more of the then replacement cost thereof, then Landlord may elect not to repair or rebuild by giving notice in writing terminating this Lease, in which event this Lease shall be terminated as of the date of such notice.
Destruction of Leased Premises. SECTION 15.01: Destruction of the Leased Premises and Site. If the premises shall be damaged or destroyed in whole or in part by fire, the elements, unavoidable accident or other casualty, Landlord shall have the right to terminate this lease by giving tenant written notice of its election to do so within sixty (60) days after the date on which the damage occurs, whereupon this lease shall terminate as o the date of which the damage occurs, and the rent shall be adjusted as of said date; but in default of such notice by Landlord, this lease shall continue and Landlord shall cause the premises to be repaired or restored with due diligence. Except in the event of termination of this lease as aforesaid, the minimum rent shall be abated to the extent of the fair rental value of such portion, if any, of the premises as shall be rendered unfit for occupancy for the usual conduct of Tenant’s business in consequences of the damage aforesaid for the period of such unfitness for occupancy. Notwithstanding anything in the above paragraph or elsewhere in this lease to the contrary, if the leased premises shall be damaged in whole or in part due to any negligent act or omission of Tenant or failure by Tenant to observe the terms, conditions and covenants of this lease, then Landlord shall be under no obligation to repair or restore the premises, and such act, omission or failure of Tenant shall constitute an event of default under Section 20.01 of this lease, entitling Landlord to all rights and remedies reserved to Landlord under this lease in addition to all rights and remedies granted Landlord under the laws of the State of Alabama. In the event that fifty (50%) per cent or more of the rentable area of the Site shall be damaged or destroyed by fire or other cause, notwithstanding that the leased premises may be unaffected by such fire or other cause, Landlord may terminate this lease and the tenancy hereby created by giving to Tenant five (5) days prior written notice shall be given, it at all, within the sixty (60) days following the date of said occurrence. Rent shall be adjusted as of the date of such termination.
Destruction of Leased Premises. In the event the Leased Premises shall be partially or totally destroyed by fire or other insured casualty as to become partially or totally untenantable, the damage to the Leased Premises shall be promptly repaired by Landlord and rent shall be abated proportionately during the period of restoration, unless Landlord shall elect not to rebuild as hereinafter provided. In the event (i) that Landlord should fail to complete such repairs and rebuilding within one hundred eighty (180) days after the date upon which the casualty occurs or (ii) Landlord’s reasonable, good-faith estimate of the time in which it will take to complete such repairs and rebuilding exceeds one hundred eighty (180) days, Tenant may at its option terminate this Lease by delivering written notice of termination to Landlord, whereupon all rights and obligations hereunder shall cease and terminate. In no event shall Landlord be required to repair or replace Tenant’s betterments and improvements or trade fixtures, furnishings or equipment. If, however, Landlord decides not to repair or restore the Leased Premises or the Building, as the case may be, then Landlord or Tenant may elect to terminate this Lease by giving written notice to the other party of its election to so terminate, such notice to be given within ninety (90) days after the occurrence of such damage or destruction. If Landlord is required or elects to repair or rebuild the Leased Premises as herein provided, Landlord shall initiate the work with reasonable dispatch and diligently proceed to complete the same, and Tenant shall repair or replace its trade fixtures, furnishings and equipment in a manner and to at least a condition equal to that prior to its damage or destruction.
Destruction of Leased Premises. Should the Leased Premises be destroyed or damaged by fire or other casualty insured against by the Landlord, then:
10.1.1 if the Landlord is of the opinion that the damage or destruction is such that the Leased Premises are rendered wholly unfit for occupancy, or it is impossible or hazardous to use and occupy them, and if in either event the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage or destruction) that the damage cannot be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage or destruction, either party may, within five (5) days following the receipt of this notice, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day of the damage or destruction, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated and paid in full up to the date of the damage or destruction. In the event that neither the Landlord nor the Tenant terminates this Lease, the Minimum Rent and Additional Rent shall ▇▇▇▇▇ from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises;
10.1.2 if the damage be such as to render the Leased Premises wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, in either case, the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage, the Minimum Rent and Additional Rent shall ▇▇▇▇▇ from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises;
10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part of the Leased Premises rendered unfit for occupancy bears to the whole of the Leased Premises, unt...
Destruction of Leased Premises. Should the Leased Premises be destroyed or damaged, the Lessor shall state its intention to the Lessee by way of written notice transmitted to the Lessee within thirty ( 30 ) days of the loss, to the effect that the Leased Premises are:
8.1.1 wholly uninhabitable or that their use is dangerous and cannot be reasonably repaired within one hundred and eighty ( 180 ) days following the loss, in which case either party may resiliate the Lease with retroactive effect to the date of the loss; if such notice is not given within five ( 5 ) days following the notice provided for in Article 11.1, the Rent shall ▇▇▇▇▇ from the date of the loss until the Leased Premises are repaired and are ready to be occupied by the Lessee.
8.1.2 wholly uninhabitable or that their use is dangerous but are reasonably reparable within one hundred and eighty ( 180 ) days following the loss, as the case may be, the payment of Rent shall ▇▇▇▇▇ from the date of the loss until such time that the Leased Premises are repaired and are ready to be occupied by the Lessee;
8.1.3 reasonably reparable within one hundred and eighty ( 180 ) days following the loss and are partly usable in the interim; as the case may be, payment of Rent shall ▇▇▇▇▇, with respect to the unusable area, from the date of the loss until such time that the damages have been substantially repaired.
Destruction of Leased Premises. In the event improvements on the LEASED PREMISES are partially damaged by any casualty which is covered under an insurance policy required to be maintained pursuant to the provisions of this lease, then LANDLORD shall repair such damage as soon as reasonably possible from insurance proceeds, in which event this lease shall continue in full force and effect. TENANT shall have no claim against LANDLORD for any damage suffered by reason of such damage, destruction, repair or restoration and there shall be an abatement of rent only for the time period and for the actual space rendered unusable during such repairs. If the LEASED PREMISES are totally destroyed during the term of this lease from any cause whether or not covered by insurance, this lease may automatically terminate as of the date of such total destruction, at the option of the LANDLORD or the TENANT.
Destruction of Leased Premises. In the event of a partial destruction of the building in which the Leased Premises are contained, during the term, Landlord shall make any repairs that can be made under existing governmental regulations within one hundred twenty (120) days of such destruction, but such partial destruction shall not terminate this Lease, except that Tenant shall be entitled to a proportionate reduction of rent while repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Tenant on the Leased Premises. If repairs cannot be made within one hundred twenty (120) days, this Lease may be terminated, at the option of either party, by delivering written notice.