Common use of UNTENANTABILITY Clause in Contracts

UNTENANTABILITY. If the Premises or the Building are, in whole or in part, made untenantable by fire or other casualty, WellQuest may elect: a. To terminate this Sublease as of the date of the fire or casualty by notice to Practice within 60 days after the occurrence; or b. To commence repair or reconstruction of the Building or the Premises at WellQuest's expense within 90 days after WellQuest is enabled to take possession of and to commence such repairs or reconstruction of the damaged Building or Premises, in which case the Lease shall not terminate but rent shall be abated on a per diem basis while a substantial part of the Premises is untenantable. If, however, Practice occupies part of the Premises during such repairs or reconstruction, Practice shall pay rent for the part of the Premises that it occupies. If WellQuest elects so to repair or reconstruct the Building or the Premises and does not substantially complete the work within 180 days after such repairs or reconstruction is commenced, either party may terminate this Sublease as of the date of the fire or casualty by notice to the other party not later than 210 days after such repairs or reconstruction begins. In the event of termination of the Sublease pursuant to this Section, Rent shall be apportioned on a per diem basis and paid to the date of the fire or casualty. In no event shall WellQuest be liable any damages to any Practice Person resulting from any fire or casualty to the Building or the Premises, or from any repair or reconstruction of the Premises.

UNTENANTABILITY. If the Premises or the Building are, in whole or in part, made untenantable by fire or other casualty, WellQuest may elect: : a. To terminate this Sublease as of the date of the fire or casualty by notice to Practice within 60 days after the occurrence; or or b. To commence repair or reconstruction of the Building or the Premises at WellQuest's expense within 90 days after WellQuest is enabled to take possession of and to commence such repairs or reconstruction of the damaged Building or Premises, in which case the Lease shall not terminate but rent shall be abated on a per diem basis while a substantial part of the Premises is untenantable. If, however, Practice occupies part of the Premises during such repairs or reconstruction, Practice shall pay rent for the part of the Premises that it occupies. If WellQuest elects so to repair or reconstruct the Building or the Premises and does not substantially complete the work within 180 days after such repairs or reconstruction is commenced, either party may terminate this Sublease as of the date of the fire or casualty by notice to the other party not later than 210 days after such repairs or reconstruction begins. In the event of termination of the Sublease pursuant to this Section, Rent shall be apportioned on a per diem basis and paid to the date of the fire or casualty. In no event shall WellQuest be liable any damages to any Practice Person resulting from any fire or casualty to the Building or the Premises, or from any repair or reconstruction of the Premises.