Common use of Partial Destruction of the Premises Clause in Contracts

Partial Destruction of the Premises. If the damage be only partial and such that the Demised Premises can be restored, in the opinion of a licensed architect retained by Lessor, to approximately their former condition within ninety days from the date of the casualty loss Lessor may, at Lessor’s option, restore the same with reasonable promptness, reserving the right to enter upon the Demised Premises for that purpose. Lessor also reserves the right to enter upon the Demised Premises whenever necessary to repair damage caused by fire or other casualty to the building of which the Demised Premises is a part, even though the effect of such entry be to render the Demised Premises or a part thereof untenantable. In either event the rent shall be apportioned and suspended during the time Lessor is in possession, taking into account the proportion of the Demised Premises rendered untenantable and the duration of Lessor’s possession. If a dispute arises as to the amount of rent due under this clause, Lessee agrees to pay the full amount claimed by Lessor, but Lessee shall have the right to proceed by law to recover the excess payment, if any.

Partial Destruction of the Premises. If the damage be only partial and such that the Demised Premises premises can be restored, in the opinion of a licensed architect retained by Lessor, to approximately their former condition within ninety days from the date of the casualty loss Lessor may, at Lessor’s 's option, restore the same with reasonable promptness, reserving the right to enter upon the Demised Premises demised premises for that purpose. Lessor also reserves the right to enter upon the Demised Premises demised premises whenever necessary to repair damage caused by fire or other casualty to the building of which the Demised Premises demised premises is a part, even though the effect of such entry be to render the Demised Premises demised premises or a part thereof untenantable. In either event event, the rent shall be apportioned and suspended during the time Lessor is in possession, taking into account the proportion of the Demised Premises demised premises rendered untenantable and the duration of Lessor’s 's possession. If a dispute arises as to the amount of rent due under this clause, Lessee agrees to pay the full amount claimed by Lessor, but Lessee shall have the right to proceed by law to recover the excess payment, if any.