Total or Partial Destruction Sample Clauses

Total or Partial Destruction. (a) In the event the improvements on the Real Property (including any Building Systems) are damaged or destroyed by fire or other peril (a “Casualty”), Tenant shall give Landlord notice of such Casualty as soon as reasonably possible after the Casualty. Landlord shall have the right to elect whether to have such improvements rebuilt or restored. In the event that Landlord elects not to have the improvements rebuilt or restored, and the nature of the Casualty is such as would, absent such rebuilding or restoration, materially impair Tenant’s ability to use and occupy such Leased Premises in substantially the same manner as they were used prior to the Casualty, this Lease shall terminate effective as of the date of the Casualty. In the event that Landlord elects to have the improvements rebuilt or restored, this Lease shall remain in effect without reduction or abatement of Rent, and the following provisions shall apply: (i) Landlord shall, with reasonable promptness rebuild or restore such improvements to at least substantially the same condition, quality, and class as existed prior to the Casualty, using the proceeds of insurance covering such improvements, provided, however, that in no event shall Landlord be obligated to expend for any such rebuilding or restoration an amount in excess of the insurance proceeds actually collected by Landlord on account of the Casualty, less the costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in collecting such proceeds. (ii) Notwithstanding the preceding clause (i), Landlord shall have the right to elect, by giving written notice to Tenant, to have Tenant rebuild or restore the Leased Premises, in which event Tenant shall, with reasonable promptness, and in all events within twelve (12) months of the date of Landlord’s election notice, rebuild or restore such improvements to at least substantially the same condition, quality, and class as existed prior to the Casualty, using the proceeds of insurance covering such improvements. The selection of all engineers, architects, and contractors engaged in connection with such rebuilding or restoration and all plans and specifications for such rebuilding or restoration, shall be subject to review and approval by Landlord. In the event that Landlord makes the election to have Tenant rebuild or restore as provided in this clause (ii), all proceeds payable by reason of any Casualty under all applicable policies of insurance (whether Tenant is carrying ...

Total or Partial Destruction. Tenant shall give prompt notice to Landlord in case of any fire or other damage to the Demised Premises. If (a) the Demised Premises shall be damaged by fire or other occurrence to the extent of more than 25% of the aggregate cost of replacement thereof, or (b) the buildings in the Shopping Center shall be damaged by fire or other occurrence to the extent of more than 25% of the aggregate cost of replacement thereof (whether or not the Demised Premises be damaged in whole or in part), or (c) the buildings in the Shopping Center shall be damaged by fire or other occurrence and either the loss shall not be covered by insurance or the insurance proceeds shall, by reasonable anticipation, be insufficient to pay for the repair or restoration work, then in any such event Landlord may terminate the Lease by notice given within 90 days after such event, and upon the date specified in such notice, which shall not be less than 30 days nor more than 60 days after the giving of said notice, this Lease shall terminate. If any damage by fire or other casualty shall render the Demised Premises untenantable, in whole or in part, a proportionate abatement of the Fixed Rent based upon the Floor Space rendered untenantable shall be allowed from the date when the damage occurred until completion of the repair or restoration work by Landlord as hereinafter provided, or, in the event Landlord elects to terminate this Lease, until said date of termination. If this Lease shall not be terminated after damage by fire or other casualty, Landlord shall, promptly after receipt of the insurance proceeds for such damage, or as soon as practicable in the event that insurance proceeds shall not be available, proceed with the restoration of the Demised Premises and the Shopping Center to substantially the condition in which the same existed prior to the damage with such changes as Landlord may desire or be required by any Requirements to make, except for tenant's stock in trade, fixtures, furniture, furnishings, removable floor coverings, equipment, signs and all other property, and Tenant shall promptly proceed with the restoration or replacement of its stock in trade, fixtures, furniture, furnishings, removable floor coverings, equipment, signs and all other property of Tenant and decorations in and around the Demised Premises. If Landlord shall not complete such restoration or repair of the Demised Premises within 180 days after such damage (such date to be extended for an additional 30...

Total or Partial Destruction. If the Leased Premises and any necessary Common Areas ancillary or adjacent thereto shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, Landlord shall at its own expense cause such damage to be repaired, and the rent shall not be abated. If by reason of such occurrence, the Leased Premises shall be rendered untenantable only in part, Landlord shall, at its own expense, cause the damage to be repaired, and the Minimum Rent and additional rent shall be abated proportionately as to the portion of the Leased Premises rendered untenantable provided that same can be accomplished within 90 days of such destruction. If the Leased Premises shall be rendered wholly untenantable by reason of such occurrence, Landlord shall, at its own cost and expense, cause such damage to the Leased Premises (but not to Tenant's improvements or personal property) to be repaired, and the Minimum Rent and additional rent shall ▇▇▇▇▇ until the Leased Premises have been restored and rendered tenantable, or Landlord may at its election, terminate this Lease and the tenancy hereby created, by giving Tenant within the next sixty (60) days following the date of said occurrence, written notice of Landlord's election so to do and in the event of such termination rent shall be adjusted as of such date.

Total or Partial Destruction. If any Unit or the Plant is totally or partially damaged or destroyed by any cause whatsoever, the Owner shall, notwithstanding any other provision of this Arrangement, promptly inform the Buyer, in writing, of such event. In addition the Owner shall, as soon as it is reasonable inform the Buyer of the likely period for which such Unit or the Plant will be unavailable for operation. The Owner shall repair, replace, rebuild or restore such Unit or the Plant with all reasonable diligence consistent with Good Operating Practice to at least as good condition or state of repair as it was prior to that damage or destruction; provided that if this Arrangement is terminated in whole or in part under the terms of Sections 15.2 or 15.3, then the Owner shall not be obligated to repair, replace, rebuild or restore such Unit or the Plant. In the event that this Arrangement is not terminated in respect of such Unit, the Owner shall regularly report to the Buyer, in writing, of the progress of the repair work, including an estimate of when the work will be completed.

Total or Partial Destruction. If the Premises are damaged by casualty, the Landlord has an option to restore the Premises. If the Landlord chooses not to restore, this Agreement will terminate. If the Landlord chooses to restore, the Landlord will notify the Tenants of the estimated time to restore and give the Tenants the option to terminate this Agreement by notifying Landlord within ten (10) days. If the Tenants do not terminate this Agreement, the lease will continue.

Total or Partial Destruction. (a) In the event the Leased Premises are wholly or partially damaged or destroyed by an insurable hazard, and subject to the consent of the Lessor's mortgagee, if any, the Lessor shall with reasonable diligence repair or replace the Leased Premises at a cost not less than approximately the amount of insurance payable and paid by reason of such damage or destruction, and shall provide for the Lessee, as soon as reasonably practicable and subject to Section 14.01 (b) premises of a type, quality and character equal to or better than the premises were prior to the damage and destruction and suitable for the purposes of the Lessee. (b) The Lessor shall not be obligated to expend for such repair or replacement an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage. The Lessee shall cause all proceeds of insurance to be paid to the Lessor on account of the cost of repair or replacement In no event shall the Lessor be required to repair or replace the Lessee's stock in trade, fixtures, furnishings, floor coverings and equipment. (c) If the casualty, repairing or rebuilding shall render the Leased Premises untenantable, in whole or in part, a proportionate abatement of the rent shall be allowed from the date when the damage occurred until the date the Lessor completes such work, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenantable bears to the floor area of the Leased Premises. (d) If any damage or destruction cannot, with reasonable diligence, be repaired and restored within one hundred and eighty (180) days of the date of happening of such damage or destruction, the Lessor or the Lessee may, at their respective options, terminate this Lease and the tenancy hereby created by giving to the Lessee or the Lessor, as the case may be, within sixty (60) days following the date of such occurrence, written notice of the election so to do, and in the event of such termination, the Lease shall terminate and the rent shall be adjusted as of the date of the occurrence of such damage.

Total or Partial Destruction. If the Premises or any part thereof are destroyed or so damaged by fire or other casualty as to become untenable, the Client will make reasonable efforts to identify an alternative premises for Marathon to provide Marathon Services under this Agreement. If the Premises are only slightly damaged by fire or the elements so as to not render the same untenable and unfit for occupancy, the Client will repair the same with all reasonable speed. Marathon will have no claims for compensation or damages against the Client because of any inconvenience or annoyance arising from the necessity or repairing any portion of the Premises as a result of any total or partial destruction.

Total or Partial Destruction. In the event the building constituting the leased premises shall be partially or totally destroyed by fire or other casualty so as to become partially or totally untenable, the same shall be repaired as speedily as possible without expense to the Lessee (unless Lessor shall elect not to rebuild as hereinafter provided), and a just and proportionate part of the rent shall be abated until so repaired. In any event, the Lessor shall only rebuild and replace that part of the leased premises which it was obligated to provide Lessee; provided, however, the replacement premises shall be of a comparable quality building to the building in which the leased premises is located. Should the Lessor elect not to rebuild, which election may be made only if more than forty percent (40%) of the demised premises is destroyed, the Lease shall be terminated as of the date of the casualty. Notice of such election not to rebuild shall be given to the Lessee not more than forty-five (45) days from the date of the casualty. Provided, however, (a) if more than forty percent (40%) of the demised premises is destroyed, or (b) Lessor does not complete all required repairs within ninety (90) days of the casualty, Lessor shall not have completed all necessary repairs. Lessee may elect to terminate this Lease by giving written notice within thirty (30) days of the destruction of the premises to the Lessor.

Total or Partial Destruction. In case the Building is totally or partially destroyed, THE LESSEE shall immediately notify THE LESSOR, so that the parties, acting together, can determine whether it is feasible to carry out the reconstruction within a period not exceeding one hundred and twenty (120) days. The parties shall have sixty (60) days in which to make this determination. If the decision is to proceed with the reconstruction, THE LESSOR shall undertake such work for its own account and complete same within the period of 120 days. This lease shall remain in force during the period of repair and reconstruction, except that THE LESSEE shall have the right to a rent reduction during the period of such work in the same proportion as its available working area is reduced as a result of the damage and repair work. PARAGRAPH I: If the destruction takes place during the last year of this lease and if THE LESSEE has not exercised its option to extend the term of this lease or expresses its intention not to exercise its option, THE LESSOR shall have the right to terminate this lease with respect to the destroyed Building, regardless of the amount of time which may be required to repair or reconstruct the Building. PARAGRAPH II: If the parties determine that the damaged Building cannot be rebuilt within 120 days, THE LESSEE shall have the right to terminate this lease. PARAGRAPH III: The parties agree that THE LESSOR's obligation in case of total or partial destruction of the Building shall be limited to the above and that THE LESSEE shall have no claim against THE LESSOR for loss or damage to machinery or equipment, loss due to business interruption, third-party liability or any other consequential damages.