Uninsured Risks Clause Samples

Uninsured Risks. If, during the Lease Term, the Leased Premises are totally or partially destroyed from a risk not covered by insurance through no fault of the Landlord, Landlord, at its option, can elect to terminate this Lease by giving notice to Tenant within thirty (30) days of the date of destruction; provided, however, Landlord shall have no right to terminate the Lease if within ten (10) days following receipt of Landlord’s notice of its election to terminate, Tenant provides to Landlord reasonable assurance that Tenant shall pay for the cost of restoring the Leased Premises. However, as to any such uninsured destruction which was caused by an act or omission of Tenant, its employees, agents, invitees or permittees, then Tenant shall reimburse Landlord the full cost of the restoration of the Leased Premises.

Uninsured Risks. 6.5.1 For the purposes of this Clause 6.5: (i) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk; (ii) References to an Insured Risk becoming an Uninsured Risk shall, without limitation, include the application by insurers of an exclusion, condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk. (iii) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk. 6.5.2 If during the Term the Property (or part thereof or the means of access thereto) shall be damaged or destroyed by an Uninsured Risk so as to make the Property (or part therefore) unfit for occupation or use or inaccessible: (i) The Principal Rent and the Service Charge or a fair proportion according to the nature and extent of the damage sustained will not be payable until the earlier of the date on which: (a) The Property shall again be fit for occupation and use excluding fitting out and replacement of contents and made accessible; or (b) This Lease shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5 (ii) The Landlord may within one year of the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord will reinstate the Property (a ‘Reinstatement Notice’) so that the Property shall be fit for occupation and use and made accessible but if the Landlord fails to serve a Reinstatement Notice on the Tenant by the expiry of such period this Lease will automatically end on the date one year after the date of such damage or destruction. 6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees or contractors. 6.5.4 If the Landlord shall have served a Reinstatement Notice the provisions of Clause 6.1.6 shall apply as if the damage has been caused by an Insured Risk 6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date the Landlord or the Tenant may terminate this Lease by serving not less than three months notice on the other stating that it terminates this Lease, and if by the end of s...

Uninsured Risks. 8.1 In this paragraph 8 “Damage by Uninsured Risks” means that the Property is destroyed or damaged by one or more risks which are Uninsurable Risks and such risks are either not insured, or are not fully insured, or are subject to some special limitation, excess or exclusion such that the full cost of reinstatement and rebuilding (save for any normal excess) is not recoverable by the Landlord under the Insurance Policies.

Uninsured Risks. 7.1 In the event that the Building or any part of it is damaged or destroyed by an Uninsured Risk so that the Premises or a substantial part of it is inaccessible or unfit for occupation or use: 7.1.1 the Basic Rent and the Service Charge or a fair proportion of them according to the nature and the extent of the damage sustained (the amount of such proportion in case of dispute to be determined by the Surveyor acting as an expert and not as an arbitrator) shall be suspended and cease to be payable as from the date on which the destruction or damage occurred until the damage shall have been made good so that the Property is again accessible and fit for occupation and use; 7.1.2 at any time after the date on which the damage or destruction occurred the Landlord may (but is not obliged to) either: (a) give the Tenant a written notice that the Landlord will be irrevocably bound to rebuild and reinstate the Building at its own cost in accordance with paragraph 7.2 of this Lease, or (b) give the Tenant a written notice immediately determining this Lease (but no such notice shall be given after the Property has been rendered accessible and fit for occupation and use pursuant to paragraph 7.2). 7.2.1 if the Landlord gives the Tenant a notice under paragraph 7.1.2(a), then the damage shall be deemed to have been caused by an Insured Risk, the insurance monies shall be deemed to have been paid to the Landlord, and the provisions of paragraph 2 and 6 (excluding 6.1.2) shall apply save that all dates and periods referenced to the date of damage shall instead be referenced to the date of the notice and the period of three years in paragraph 6 shall be replaced with a period of four years. 7.2.2 if the Landlord gives the Tenant notice under paragraph 7.1.2(b), such notice shall be without prejudice to any claim by either party in respect of any antecedent breach of covenant by the other. 7.3 In the event that the whole or part of the Building is damaged or destroyed by an Uninsured Risk so that the Premises or a substantial part of it is inaccessible and/or unfit for occupation or use and the Landlord fails to give the Tenant any notice under paragraph 7.1.2 within 12 months of the damage or destruction occurring then the Tenant may immediately (but in any event not later than three months after the expiry of that period and as to which time is of the essence) give the Landlord a written notice determining this Lease with immediate effect (such notice being without prej...

Uninsured Risks. If, during the Term of this Lease, the Premises or the Building are totally or partially destroyed from a risk not covered by the insurance described in Section

Uninsured Risks. If, during the Term of this Lease, the Premises is totally or partially destroyed from a risk not covered by the insurance described in Section 19.2, the City, at its option, may elect to terminate this Lease by giving notice to Lessee or may elect to restore the same. However, as to destruction which was caused by an act or omission of Lessee, its employees, agents, invitees or permittees, ▇▇▇▇▇▇ shall reimburse the City the full cost of the restoration of the Premises, and all leasehold improvements therein under any circumstances. If the City elects to restore the Premises, Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made. Such reduction shall be in an amount which bears the same proportion to the Base Rent as the floor area of that portion of Premises which has been damaged or is otherwise unusable by Lessee, bears to the total floor area of the Premises, except that if the damage or destruction is to more than 50% of the square footage of the Premises and Lessee ceases to occupy the Premises, such proportionate reduction shall be 100%.

Uninsured Risks. The Landlord shall only be entitled to include within the Service Charge any costs which the Landlord incurs in reinstating any damage or destruction caused by an Uninsured Risk to the Premises if:

Uninsured Risks. 6.15.1 In this Clause 6.15 (Uninsured Risks), an “Uninsured Risk” means any risk, or some aspect of any risk, which would be covered by the risks itemised in the definition of “Insured Risks” but which:

Uninsured Risks. If the Premises are damaged as a result of any casualty not covered or required to be covered by Landlord's Property Insurance to an extent not greater than twenty-five percent (25%) of the replacement cost of the Premises, and proceeds are available from the insurance carrier, Landlord shall within sixty (60) days following the date of such damage, commence repair, reconstruction, or restoration of the Premises and prosecute the same diligently to completion, in which event this Lease shall continue in full force. If the damage or destruction exceeds twenty-five percent (25%) of the replacement cost, or insufficent insurance is available to restore the Premises, Landlord shall notify Tenant within said sixty (60) day period of the total cost of restoration and repair of the Premises. Landlord may, within said sixty (60) day period, elect not so to repair, reconstruct, or restore the Premises, in which event this Lease shall cease and terminate except as otherwise provided in this Lease.