Common use of Partial Damage Clause in Contracts

Partial Damage. If the building or other improvements situated on the Demised Premises are damaged by fire, tornado, or other casualty but not to such an extent that rebuilding or repairs cannot reasonably be completed within one hundred twenty (120) days from the date Landlord receives written notification by Tenant of the happening of the damage, this Lease shall not terminate, but Landlord shall, at its sole cost and risk, proceed forthwith and use reasonable diligence to rebuild or repair such building and other improvements on the Demised Premises (other than leasehold improvements made by Tenant or any assignee, subtenant or other occupant of the Demised Premises) to substantially the condition in which they existed prior to such damage; provided, however, if the casualty occurs during the final eighteen (18) months of the Lease Term, Landlord shall not be required to rebuild or repair such damage unless Tenant shall exercise its renewal option (if any is contained herein) within fifteen (15) days after the date of receipt by Landlord of the notification of the occurrence of the damage. If Tenant does not elect to exercise its renewal option or if there is no renewal option contained herein or previously unexercised at such time, this Lease shall terminate at the option of Landlord and the Rent shall be abated for the unexpired portion of this Lease, effective from the date of actual receipt by Landlord of the written notification of the damage. If the building and other improvements are to be rebuilt or repaired and are untenantable in whole or in part following such damage, the monthly installments of Rent payable hereunder during the period in which they are untenantable shall be adjusted equitably.

Partial Damage. If the building or other improvements any Improvements situated on the Demised Leased Premises are damaged by fire, tornado, or other casualty but not to such an extent that rebuilding or repairs cannot reasonably be completed within one hundred twenty (120) days from the date Landlord Lessor receives written notification by Tenant Lessee of the happening of the damage, this Lease shall not terminate, but Landlord Lessee shall, at its sole cost and riskcost, proceed forthwith and use reasonable diligence to rebuild or repair such building and other improvements Improvements on the Demised Leased Premises (other than leasehold improvements made by Tenant or any assignee, subtenant or other occupant of the Demised Premises) to substantially the condition in which they existed prior to such damage; provided, however, if the casualty occurs during the final eighteen (18) months of the Lease Term, Landlord Lessee shall not be required to rebuild or repair such damage unless Tenant shall exercise its renewal option (if any is contained herein) within fifteen (15) days after the date of receipt by Landlord of the notification of the occurrence of the damage. If Tenant does not elect to exercise its renewal option or if there is no renewal option contained herein or previously unexercised at such time, this Lease shall terminate at the option of Landlord Lessee and the Rent shall be abated for the unexpired portion of this Lease, effective from the date of actual receipt by Landlord Lessor of the written notification of the damagedamage and proceeds of insurance shall be allocated between Lessor and Lessee as their interests may appear. If the building and other improvements Improvements are to be rebuilt or repaired and are untenantable or unsuitable for the conduct of ths Lessee's business in whole or in part following such damage, the monthly installments of Rent payable hereunder during the period in which they are so untenantable or unsuitable for the conduct of the Lessee's business the monthly installments of Rent shall be adjusted equitably. The Lessee's responsibility or obligation to pay the cost to repair such improvements of the Leased Premises as set out in this paragraph shall be limited to insurance proceeds received by Lessee paid as a result of such damage.

Partial Damage. If the building or other improvements any Improvements situated on the Demised Leased Premises are damaged by fire, tornado, or other casualty but not to such an extent that rebuilding or repairs cannot reasonably be completed within one hundred twenty (120) days from the date Landlord Lessor receives written notification by Tenant Lessee of the happening of the damage, this Lease shall not terminate, but Landlord Lessee shall, at its sole cost and riskcost, proceed forthwith and use reasonable diligence to rebuild or repair such building and other improvements Improvements on the Demised Leased Premises (other than leasehold improvements made by Tenant or any assignee, subtenant or other occupant of the Demised Premises) to substantially the condition in which they existed prior to such damage; provided, however, if the casualty occurs during the final eighteen (18) months of the Lease Term, Landlord Lessee shall not be required to rebuild or repair such damage unless Tenant shall exercise its renewal option (if any is contained herein) within fifteen (15) days after the date of receipt by Landlord of the notification of the occurrence of the damage. If Tenant does not elect to exercise its renewal option or if there is no renewal option contained herein or previously unexercised at such time, this Lease shall terminate at the option of Landlord Lessee and the Rent Lease Payment shall be abated for the unexpired portion of this Lease, effective from the date of actual receipt by Landlord Lessor of the written notification of the damagedamage and proceeds of insurance shall be allocated between Lessor and Lessee as their interests may appear. If the building and other improvements Improvements are to be rebuilt or repaired and are untenantable or unsuitable for the conduct of the Lessee's business in whole or in part following such damage, the monthly installments of Rent Lease Payment payable hereunder during the period in which they are so untenantable or unsuitable for the conduct of the Lessee's business the monthly installments of Lease Payment shall be adjusted equitably. The Lessee’s responsibility or obligation to pay the cost to repair such improvements of the Leased Premises as set out in this paragraph shall be limited to insurance proceeds received by Lessee paid as a result of such damage.

Partial Damage. If the building or other improvements situated on the Demised Premises are damaged by fire, tornado, or other casualty but not to such an extent that rebuilding or repairs cannot reasonably be completed within one hundred twenty eighty (120180) days from the date Landlord receives written notification by Tenant of the happening occurrence of the damage, this Lease shall not terminate, but Landlord shall, at its sole cost and risk, shall proceed forthwith and use with reasonable diligence to rebuild or repair such the building and other improvements on the Demised Premises (other than leasehold improvements made by Tenant or any assignee, subtenant or other occupant of the Demised Premises) to substantially the condition in which they existed prior to such the damage; provided, however, if . If the casualty occurs during the final eighteen (18) months of the Lease Term, Landlord shall not be required to rebuild or repair such the damage unless Tenant shall exercise its exercises Tenant's renewal option (if any is contained hereinany) within fifteen (15) days after the date of receipt by Landlord of the notification of the occurrence of the damage. If Tenant does not elect to exercise its renewal option option, or if there is no renewal option contained herein or previously unexercised in this Lease, Landlord may, at such timeLandlord's option, terminate this Lease shall terminate at the option of Landlord and by promptly delivering a written termination notice to Tenant, in which event the Rent shall be abated for the unexpired portion of this Leasethe Lease Term, effective from the date of actual receipt by Landlord of the written notification of the damage. If To the building and other improvements are to extent the Demised Premises cannot be rebuilt or repaired and are untenantable occupied (in whole or in part part) following such damagethe casualty, the monthly installments of Rent payable hereunder under this Lease during the period in which they are untenantable the Demised Premises cannot be fully occupied shall be adjusted equitably.

Partial Damage. If the building or other improvements situated on the Demised Premises are damaged by fire, tornado, or other casualty but not to such an extent that rebuilding or repairs cannot reasonably be completed within one hundred twenty (120) days from the date Landlord receives written notification by Tenant of the happening occurrence of the damage, this Lease shall not terminate, but Landlord shall, at its sole cost and risk, shall proceed forthwith and use with reasonable diligence to rebuild or repair such the building and other improvements on the Demised Premises (other than leasehold improvements made by Tenant or any assignee, subtenant or other occupant of the Demised Premises) to substantially the condition in which they existed prior to such the damage; provided, however, if . If the casualty occurs during the final eighteen (18) months of the Lease Term, Landlord shall not be required to rebuild or repair such the damage unless Tenant shall exercise its exercises Tenant's renewal option (if any is contained hereinany) within fifteen (15) days after the date of receipt by Landlord of the notification of the occurrence of the damage. If Tenant does not elect to exercise its renewal option option, or if there is no renewal option contained herein or previously unexercised in this Lease, Landlord may, at such timeLandlord's option, terminate this Lease shall terminate at the option of Landlord and by promptly delivering a written termination notice to Tenant, in which event the Rent shall be abated for the unexpired portion of this Leasethe Lease Term, effective from the date of actual receipt by Landlord of the written notification of the damage. If To the building and other improvements are to extent the Demised Premises cannot be rebuilt or repaired and are untenantable occupied (in whole or in part part) following such damagethe casualty, the monthly installments of Rent payable hereunder under this Lease during the period in which they are untenantable the Demised Premises cannot be fully occupied shall be adjusted equitably.

Partial Damage. If the building or other improvements any Improvements situated on the Demised Leased Premises are damaged by fire, tornado, or other casualty casualty, but not to such an extent that rebuilding or repairs cannot reasonably be completed within one hundred twenty ninety (12090) days from the date Landlord Lessor receives written notification by Tenant Lessee of the happening of the damage, this Lease shall not terminate, but Landlord Lessee shall, at its sole cost and riskcost, proceed forthwith and use reasonable diligence to rebuild or repair such building and other improvements Improvements on the Demised Leased Premises (other than leasehold improvements made by Tenant or any assignee, subtenant or other occupant of the Demised Premises) to substantially the condition in which they existed prior to such damage; provided, however, that (i) if the casualty occurs during the final eighteen (18) months of the Lease Term, Landlord or (ii) if the damage cannot reasonably be repaired within ninety (90) days, Lessee shall not be required to rebuild or repair such damage unless Tenant shall exercise its renewal option (if any is contained herein) within fifteen (15) days after the date of receipt by Landlord of the notification of the occurrence of the damage. If Tenant does not elect to exercise its renewal option or if there is no renewal option contained herein or previously unexercised at such time, this Lease shall terminate at the option of Landlord Lessee and the Rent Lease Payment shall be abated for the unexpired portion of this Lease, effective from the date of actual receipt by Landlord Lessor of the written notification of the damagedamage and proceeds of insurance or self-insurance shall be allocated between Lessor and Lessee as their interests may appear. If the building and other improvements Improvements are to be rebuilt or repaired and are untenantable or unsuitable for the conduct of the Lessee's business in whole or in part following such damage, the monthly installments of Rent Lease Payment payable hereunder during the period in which they are so untenantable or unsuitable for the conduct of the Lessee's business the monthly installments of Lease Payment shall be adjusted equitably. The Lessee’s responsibility or obligation to pay the cost to repair such improvements of the Leased Premises as set out in this paragraph shall be limited to: a) insurance proceeds received by Lessee paid as a result of such damage, or b) the amount of self -insurance provided by the Lessee.

Partial Damage. If the building or other improvements situated on the Demised Premises are damaged by fire, tornado, or other casualty casualty, but not to such an extent that rebuilding or repairs cannot reasonably be completed within one hundred twenty (120) days from the date Landlord receives written notification by Tenant of the happening occurrence of the damage, this Lease shall not terminate, but Landlord shall, at its sole cost and risk, shall proceed forthwith and use with reasonable diligence to rebuild or repair such the building and other improvements on the Demised Premises (other than leasehold improvements made by Tenant or any assignee, subtenant or other occupant of the Demised Premises) to substantially the condition in which they existed prior to such the damage; provided, however, if . If the casualty occurs during the final eighteen (18) months of the Lease Term, Landlord shall not be required to rebuild or repair such the damage unless Tenant shall exercise its exercises Tenant's renewal option (if any is contained hereinany) within fifteen (15) days after the date of receipt by Landlord of the notification of the occurrence of the damage. If Tenant does not elect to exercise its renewal option option, or if there is no renewal option contained herein or previously unexercised in this Lease, Landlord may, at such timeLandlord's option, terminate this Lease shall terminate at the option of Landlord and by promptly delivering a written termination notice to Tenant, in which event the Rent shall be abated for the unexpired portion of this Leasethe Lease Term, effective from the date of actual receipt by Landlord of the written notification of the damage. If To the building and other improvements are to extent the Demised Premises cannot be rebuilt or repaired and are untenantable occupied (in whole or in part part) following such damagethe casualty, the monthly installments of Rent payable hereunder under this Lease during the period in which they are untenantable the Demised Premises cannot be fully occupied shall be adjusted equitably.

Partial Damage. If the building or other improvements situated on the Demised Premises are damaged by fire, tornado, or other casualty but not to such an extent that rebuilding or repairs cannot reasonably be completed within one hundred twenty (120) days from the date Landlord receives written notification by Tenant of the happening occurrence of the damage, this Lease shall not terminate, but Landlord shall, at its sole cost and risk, shall proceed forthwith and use with reasonable diligence to rebuild or repair such the building and other improvements on the Demised Premises (other than leasehold improvements made by Tenant or any assignee, subtenant or other occupant of the Demised Premises) to substantially the condition in which they existed prior to such the damage; provided, however, if . If the casualty occurs during the final eighteen (18) months of the Lease Term, Landlord shall not be required to rebuild or repair such the damage unless Tenant shall exercise its exercises Tenant's renewal option (if any is contained hereinany) within fifteen (15) days after the date of receipt by Landlord of the notification of the occurrence of the damage. If Tenant does not elect to exercise its renewal option option, or if there is no renewal option contained herein or previously unexercised in this Lease, Landlord may, at such timeLandlord's option, terminate this Lease shall terminate at the option of Landlord and by promptly delivering a written termination notice to Tenant, in which event the Rent shall be abated for the unexpired portion of this Leasethe Lease Term, effective from the date of actual receipt by Landlord of the written notification of the damage. If To the building and other improvements are to extent the Demised Premises cannot be rebuilt or repaired and are untenantable occupied (in whole or in part part) following such damagethe casualty, the monthly installments of Rent payable hereunder under this Lease during the period in which they are untenantable the Demised Premises cannot be fully occupied shall be adjusted equitably.