This office lease clause deals with the mandatory obligation of the landlord to rebuild; time periods for reconstruction; continuation of abatement periods; the appropriate "what ifs" in the event portions of the premises cannot be restored and are deemed to be indispensable; and circumstances when the landlord or tenant can elect to terminate the lease.
Hawaii Clause Dealing with Fire Damage
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US-OL11024A
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FAQ
Maui County is blaming the utility for failing to shut off power. John Fiske, an attorney at a California firm that's representing the county, has said the ultimate responsibility rests with Hawaiian Electric to properly keep up its equipment, and make sure lines are not live when they're downed or could be downed.
In terms of financial risk, one significant difference between Hawaii and California is that the former does not apply the legal doctrine of inverse condemnation to utilities.
Hawaiian Electric is the latest utility to face allegations of negligence. Maui County sued the power company for damages on Thursday over its alleged role in the devastating wildfires on Maui this month that have killed more than 100 people and burned the historic town of Lahaina to the ground.
Hawaiian Electric is facing several of those, including one from Maui County, which now finds itself as a codefendant of the company. In its lawsuit, which was filed last month, Maui County alleges that Hawaiian Electric's electric poles fell and ignited the fire.
Maui County has filed its own lawsuit against Hawaiian Electric, which it blames for the fire. The company said in a statement that its immediate focus is on rebuilding Maui.
Hawaiian Electric has acknowledged its downed lines caused the initial fire but has argued in court filings it couldn't be responsible for the later flare-up because its lines had been turned off for hours by the time the fire reignited and spread through the town.
The company released its first detailed account of the fire late Sunday night after Maui County filed a lawsuit last week casting blame on the utility, alleging that downed lines and HECO's failure to shut off the power caused the fire that destroyed more than 2,000 structures and left at least 115 dead.
The Land Fire Protection Law, Chapter 185, Hawaii Revised Statutes, mandates the Department of Land and Natural Resources (DLNR) to ?take measures for the prevention, control, and extinguishment of wildland fires within forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves.? ...