Common use of Determination Right Clause in Contracts

Determination Right. (a) If the Property is unfit for occupation and use because of damage by an Insured Risk to the Property or to the means of access to the Property within the Centre or the Services needed for the beneficial use of the Property the Landlord shall within 6 months of the date of damage or destruction notify the Tenant in writing if it reasonably considers that reinstatement will take longer than 2 years from the date of damage or destruction. (b) If the Landlord gives the notification referred to in clause 6.4.1(a) either party may within 2 months of such notification terminate this Lease by written notice to the other. 6.4.2. If the Property is unfit for occupation and use because of damage by an Insured Risk to the Property or to the means of access to the Property within the Centre or the Services needed for the beneficial use of the Property and reinstatement has not been completed by the expiry of the period for which loss of rent insurance has been effected by the Landlord so as to make the Property fit for occupation and use then either party may (until the date on which the Property is so reinstated) terminate this Lease by notice in writing to the other. 6.4.3. Termination of this Lease pursuant to the provisions of clauses 6.4.1 or 6.4.2 shall be without prejudice to the liability of either party for any antecedent breach of the covenants and conditions herein contained (save for clause 6.1.4 (Landlord’s covenant to reinstate) which shall be deemed not to have applied).

Determination Right. (a) If the Property is unfit for occupation and use because of damage by an Insured Risk to the Property or to the means of access to the Property within the Centre or the Services Services, needed for the beneficial use of the Property the Landlord shall within 6 months of the date of damage or destruction notify the Tenant in writing if it reasonably considers that reinstatement will take longer than 2 years from the date of damage or destruction. (b) If the Landlord gives the notification referred to in clause 6.4.1(a) either party may within 2 months of such notification terminate this Lease by written notice to the other. 6.4.2. 6.4.2 If the Property is unfit for occupation and use because of damage by an Insured Risk to the Property or to the means of access to the Property within the Centre or the Services needed for the beneficial use of the Property and reinstatement has not been completed by the expiry of the period for which loss of rent insurance has been effected by the Landlord so as to make the Property fit for occupation and use then either party may (until the date on which the Property is so reinstated) terminate this Lease by notice in writing to the other. 6.4.3. 6.4.3 Termination of this Lease pursuant to the provisions of clauses 6.4.1 or 6.4.2 shall be without prejudice to the liability of either party for any antecedent breach of the covenants and conditions herein contained (save for clause 6.1.4 (Landlord’s covenant to reinstate) which shall be deemed not to have applied).