Premises Untenantable Clause Samples

POPULAR SAMPLE Copied 2 times
Premises Untenantable. If the Premises are damaged and rendered partially or wholly untenantable, and this Lease is not terminated pursuant to Section 17.4 or 17.5, Landlord shall, at its own expense, cause the Restoration to be completed as soon as reasonably practicable, and the Basic Rent and Additional Rent will be equitably abated.
View SourceView Similar (9)
Premises Untenantable. 22.1 If the Demised Premises shall be damaged by fire or other causes, but are not wholly untenantable and are damaged or destroyed to the extent the cost of repair is less than fifty (50%) of the then replacement cost of the Demised Premises (“Partial Damage”), the damage to the Demised Premises must be promptly repaired by Landlord at its own expense. In such event the Lease shall not terminate, but shall remain in full force and effect, and the Base Rent and Additional Rent shall ▇▇▇▇▇ pro rata while the Demised Premises is being repaired unless such damage was solely caused by the negligent act or omission of Tenant, its servants, employees, Doc #02-572903.1 agents, visitors or licensees. Due allowance shall be made for reasonable delays from labor troubles, material shortages, or any other causes, whether similar or dissimilar to the foregoing, beyond Landlord’s control. If, however, the Demised Premises are rendered wholly untenantable by fire or other causes and the Demised Premises are damaged or destroyed to the extent that the cost of repair is fifty (50%) or more of the then replacement cost (“Total Destruction Damage”), and Landlord does not intend to rebuild the same, or if the Building is so damaged, whether the Demised Premises themselves are damaged or not, that Landlord determines to demolish or rebuild the Building, then in any of such events Landlord may, within sixty (60) days after such damage or destruction, give Tenant notice in writing of its decision, and thereupon this Lease shall terminate three (3) days after such notice is given, and Tenant shall immediately vacate the Demised Premises and surrender the same to Landlord, paying Rent to the time the Premises or Demised Premises were damaged. If, however, within said sixty (60) days Landlord shall notify Tenant that it intends to repair or rebuild the Premises or Demised Premises, then this Lease shall not terminate but shall remain in full force and effect, and the Rent shall ▇▇▇▇▇ while said Premises or Demised Premises are being repaired. Notwithstanding anything in this Section to the contrary, if the Premises is subject to Total Destruction Damage, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination not later than thirty (30) days after the date of such damage. In addition, if after the occurrence of the damage or destruction described in this Section 22, Landlord fails to complete such repairs and restoration necessary to re...
View Source
Premises Untenantable. In the event of destruction of the building, or damage thereto which unquestionably renders the Premises untenantable for a period of more than thirty (30) days, from causes not within the aforesaid insurance coverage, and Lessor does not elect to repair the Garage, then either Lessor or Lessee may terminate this Lease by written notice to the other given no more than ten (10) days after such destruction or damage occurs. If neither Lessor nor Lessee elects to terminate, Lessor shall promptly rebuild or repair said buildings, at its expense, and in such event from and after thirty (30) days from the time of the damage or destruction, a just and proportionate part of the cash rental provided for herein (based on the percentage of the Premises which shall be untenantable) shall be abated until the Premises are restored. If the Lessor and Lessee cannot agree as to whether said Premises are unquestionably untenantable for thirty (30) days, the fact shall be determined by arbitration as provided in Article XVIII herein. If it is determined by arbitration, or agreement between the Lessor and Lessee, that said Premises are not unquestionably untenantable for thirty (30) days, then (and provided restoration of said building can be accomplished at a cost not in excess of $10,000.00 or such
View Source
Premises Untenantable. If the Premises are damaged and rendered partially or wholly untenantable, and this Lease is not terminated pursuant to Section 14(c), Landlord shall, at its own expense and in its sole discretion, cause the restoration, replacement or rebuilding to be completed as soon as reasonably practicable, and the Rent will be equitably abated from the date of such casualty until the Premises are in the condition existing immediately prior to the casualty (including any work to be undertaken by ▇▇▇▇▇▇).
View Source
Premises Untenantable. 22.1 If the Premises shall be damaged by fire or other causes without default or neglect by Tenant, its employees, agents, visitors, or licensees, but are not wholly untenantable, the damage shall be promptly repaired by Landlord at its own expense. In such event the Lease shall not terminate, but shall remain in full force and effect, and the rent and additional rent shall not ▇▇▇▇▇ but shall be prorated for the portion of un-inhabitability while the Premises are being repaired. Due allowance shall be made for delays caused by force majeure. If the damage is caused by the default or neglect of Tenant, its employees, agents, visitors, or licensees, Landlord shall nevertheless repair such damage and Tenant shall reimburse Landlord therefor promptly upon demand. 22.2 If the Premises is rendered wholly untenantable or a substantial portion of the building in which the Premises is located shall be damaged or destroyed by fire or other causes, either party may cancel this Lease upon written notice to the other, in which case all rent and additional rent shall be adjusted to the date of such change. In the event that the Lease is not terminated by either party as above provided, then this Lease shall not terminate but shall remain in full force and effect, and the rent and additional rent shall ▇▇▇▇▇ while the Premises are being repaired.
View Source
Premises Untenantable. If the Premises are damaged or destroyed and are rendered partially or wholly untenantable, and this Lease is not terminated pursuant to Section 17.4 or 17.5 hereof, subject to the Condominium Instruments, Condominium Association or Lessor shall, at its own expense, cause Restoration to be completed as soon as reasonably practicable, and the Basic Rent and Additional Rent shall be equitably abated.
View Source

Related to Premises Untenantable

  • DAMAGE OR DESTRUCTION OF PREMISES a. In the event the Premises are damaged by fire or other perils or casualty covered by fire and extended coverage insurance, Landlord may, in its sole and absolute discretion, repair or rebuild the same within a reasonable time after the event causing such damage. This Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by Tenant in the Premises as determined by Landlord. If the damage is due to the fault or neglect of Tenant or its employees, as determined by Landlord in its sole discretion, there shall be no reduction of rent. Landlord may authorize or direct construction of an alternative structure or may elect to retain any insurance proceeds received by it if Landlord deems reconstruction or construction of an alternative structure to be impractical or unreasonable in its sole discretion. b. In the event the Premises are damaged to any extent as a result of any cause other than the perils covered by fire and extended coverage insurance, Landlord shall in its sole discretion have the option to: (1.) to repair, reconstruct or restore the Premises within a reasonable time of the event causing the damage, in which case this Lease shall continue in full force and effect, but the rent shall be proportionately reduced as provided above in 11a. during the period of such repair, reconstruction or restoration, or (2.) to give notice to Tenant at any time within sixty (60) days after such damage occurs, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving to Tenant such notice of termination, this Lease shall terminate and all interests of Tenant in the Premises shall cease on the date so specified in such notice and Tenant shall pay the rent, as proportionately reduced, based upon the extent, if any, to which such damage interfered with the business carried on by Tenant in the Premises, up to the date of such termination. c. With regard to Landlord’s duty or option to repair, reconstruct or restore the Premises within a reasonable time of the event causing the damage as provided in 11a. and b. above, Landlord shall act promptly and with due diligence, but Landlord shall not be responsible for delays caused by factors beyond Landlord’s control, including but not limited to delays because of strikes, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other authority to act in a timely manner, or delays caused by contractors. If such delays occur, Tenant agrees that Landlord shall not be responsible for damages, nor shall Landlord be deemed to be in default under this Lease. d. Landlord shall not be required to repair any damage by fire or other casualty, or to make any repair or replacements of any leasehold improvements, fixtures, or other personal property of Tenant.

  • Subleased Premises Sublandlord does hereby sublease to Subtenant, and Subtenant does hereby sublease and rent from Sublandlord, (i) the Space and (ii) all permanent improvements within the Space constructed by Landlord or by or on behalf of Sublandlord (collectively, the “Subleased Premises”). Subtenant shall have the right to use in common with Sublandlord and others entitled thereto the common areas of the Project pursuant to the Lease. In addition, subject to the terms, covenants and conditions of this Sublease, Subtenant shall have the exclusive right to use during the Sublease Term (defined below), free of charge, the furniture, fixtures and equipment more particularly described on Schedule A annexed hereto and made a part hereof (the “Personal Property”) located in the Space. Subtenant shall have no obligation whatsoever to repair, replace or maintain the Personal Property, unless any damage thereto is caused by the negligence or willful misconduct of Subtenant. Provided that there is no change in the size of the Subleased Premises between the date of this Sublease and the Commencement Date (defined below) (e.g., there has been no change in the size of the Subleased Premises by reason of any damage or destruction to or condemnation of the Subleased Premises), the parties hereby (i) stipulate that the Space shall be deemed to contain approximately 19,997 rentable square feet upon delivery of the Space by Sublandlord to Subtenant (the “Space Measurement”), (ii) agree that neither party shall have any right to dispute the Space Measurement and (iii) waive any claim in connection with the Space Measurement, regardless of whether the Space is found to have contained more or less than 19,997 rentable square feet upon delivery of the Space to Subtenant. Sublandlord represents and warrants for the benefit of Subtenant that the rentable square footage of the Space was not remeasured pursuant to Section 4 of the Second Amendment and that Sublandlord pays Base Rental for the Space under the Lease and Tenant’s Forecast Additional Rental and Tenant’s Additional Rental for the Space under the Lease on the basis of the Space consisting of 19,997 rentable square feet.

  • Leased Premises Lessor hereby leases to Lessee, and Lessee leases and takes from Lessor, the Leased Premises subject to the conditions of this Lease.

  • The Premises 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.

  • PREMISES DEEMED UNINHABITABLE If the Premises is deemed uninhabitable due to damage beyond reasonable repair the Tenant will be able to terminate this Agreement by written notice to the Landlord. If said damage was due to the negligence of the Tenant, the Tenant shall be liable to the Landlord for all repairs and for the loss of income due to restoring the Premises back to a livable condition in addition to any other losses that can be proved by the Landlord.