Common use of Application of Payments Not Relating to an Event of Loss Clause in Contracts

Application of Payments Not Relating to an Event of Loss. (a) In the event that during the Facility Lease Term title to, or the use of, all or any portion of the Undivided Interest, the Facility or the Facility Site is requisitioned or taken by or pursuant to a request of any Governmental Authority under the power of eminent domain or otherwise for a period or in a manner which does not constitute an Event of Loss, the Facility Lessee's obligation to pay all installments of Basic Lease Rent or Renewal Rent, as applicable, shall continue for the duration of such requisitioning or taking. Subject to Section 10.3(d) hereof, the Facility Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Authority as compensation for such requisition or taking of possession; PROVIDED THAT if at the time of such payment a Material Lease Default or a Lease Event of Default shall have occurred and be continuing, such amounts shall be paid to and held by the Owner Lessor unless the Lessor Notes are outstanding, in which case such amounts shall be paid to and held by the Security Agent, as security for the obligations of the Facility Lessee under this Facility Lease until such time as no Material Lease Default or Lease Event of Default is continuing. (b) Any insurance proceeds with respect to the Undivided Interest received at any time by the Owner Lessor, the Security Agent or the Facility Lessee under any of the insurance policies required to be maintained by the Facility Lessee under SECTION 11 as a result of any damage to the Facility or any part thereof which does not constitute an Event of Loss shall be applied as follows: (i) in accordance with SECTION 11.7, and (ii) the balance, if any, of such insurance proceeds remaining thereafter shall be paid to the Facility Lessee.

Application of Payments Not Relating to an Event of Loss. (a) In the event that during the Facility Lease Term title to, or the use of, all or any portion of the Undivided Interest, the Facility or the Facility Site is requisitioned or taken by or pursuant to a request of any Governmental Authority under the power of eminent domain or otherwise for a period or in a manner which does not constitute an Event of Loss, the Facility Lessee's obligation to pay all installments of Basic Lease Rent or Renewal Rent, as applicable, shall continue for the duration of such requisitioning or taking. Subject to Section 10.3(d) hereof, the The Facility Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Authority as compensation for such requisition or taking of possession; PROVIDED PROVIDED, THAT if at the time of such payment a Material Lease Default or a Lease Event of Default shall have occurred and be continuing, such amounts shall be paid to and held by the Owner Lessor unless the Lessor Notes are outstanding, in which case such amounts shall be paid to and held by the Security AgentLease Indenture Trustee, as security for the obligations of the Facility Lessee under this Facility Lease until such time as no Material Lease Default or Lease Event of Default is continuing. (b) Any insurance proceeds with respect to the Undivided Interest received at any time by the Owner Lessor, the Security Agent Lease Indenture Trustee or the Facility Lessee under any of the insurance policies required to be maintained by the Facility Lessee under SECTION Section 11 as a result of any damage to the Facility or any part thereof which does not constitute an Event of Loss shall be applied as follows: (i) in accordance with SECTION Section 11.7, and (ii) the balance, if any, of such insurance proceeds remaining thereafter shall be paid to the Facility Lessee.

Application of Payments Not Relating to an Event of Loss. (a) In the event that during the Facility Lease Term title to, or the use of, of all or any portion of the Undivided Interest, the Facility or the Facility Site is requisitioned or taken by or pursuant to a request of any Governmental Authority Entity under the power of eminent domain or otherwise for a period or in a manner which does not constitute an Event of Loss, the Facility Lessee's obligation to pay all installments of Basic Periodic Lease Rent or and Renewal Rent, as applicable, Lease Rent shall continue for the duration of such requisitioning or taking. Subject to Section 10.3(d) hereof, the The Facility Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Authority Entity as compensation for such requisition or taking of possession; PROVIDED THAT . Any amount referred to in this Section 10.4(a) that is payable to the Facility Lessee shall not be paid to the Facility Lessee, or if it has been previously paid directly to the Facility Lessee, shall not be retained by the Facility Lessee, if at the time of such payment a Material Significant Lease Default or a Lease Event of Default shall have occurred and be continuing, such amounts but shall be paid to and held by the Owner Lessor unless or, so long as the Lessor Notes are outstandingLien of the Lease Indenture shall not have been terminated or discharged, in which case such amounts shall be paid to and held by the Security Agent, Lease Indenture Trustee as security for the obligations of the Facility Lessee under this Facility Lease until Lease, and at such time as no Material there shall not be continuing any such Significant Lease Default or Lease Event of Default is continuingDefault, such amount shall be paid to the Facility Lessee. (b) Any insurance proceeds with respect to the Undivided Interest Facility received at any time by the Owner Lessor, the Security Agent Lease Indenture Trustee or the Facility Lessee under any of the insurance policies required to be maintained by the Facility Lessee under SECTION Section 11 as a result of any damage to the Facility or any part thereof which does not constitute an Event of Loss shall be applied as follows: (i) in accordance with SECTION Section 11.7, ; and (ii) the balance, if any, of such insurance proceeds remaining thereafter shall be paid to the Facility Lessee.

Application of Payments Not Relating to an Event of Loss. (a) In the event that during the Facility Lease Term title to, or the use of, all or any portion of the Undivided Interest, the Facility or the Facility Site is requisitioned or taken by or pursuant to a request of any Governmental Authority Entity under the power of eminent domain or otherwise for a period or in a manner which does not constitute an Event of Loss, the Facility Lessee's obligation to pay all installments of Basic Lease Rent or Renewal Rent, as applicable, shall continue for the duration of such requisitioning or taking. Subject to Section 10.3(d) hereof, the The Facility Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Authority Entity as compensation for such requisition or taking of possession; PROVIDED PROVIDED, THAT if at the time of such payment a Material Lease Default or a Lease Event of Default shall have occurred and be continuing, such amounts shall be paid to and held by the Owner Lessor unless the Lessor Notes Loans are outstanding, in which case such amounts shall be paid to and held by the Security AgentHolder Representative, as security for the obligations of the Facility Lessee under this Facility Lease until such time as no Material Lease Default or Lease Event of Default is continuing. (b) Any insurance proceeds with respect to the Undivided Interest received at any time by the Owner Lessor, the Security Agent Holder Representative or the Facility Lessee under any of the insurance policies required to be maintained by the Facility Lessee under SECTION Section 11 as a result of any damage to the Facility or any part thereof which does not constitute an Event of Loss shall be applied as follows: (i) in accordance with SECTION Section 11.7, and (ii) the balance, if any, of such insurance proceeds remaining thereafter shall be paid to the Facility Lessee.

Application of Payments Not Relating to an Event of Loss. (a) In the event that during the Facility Lease Term title to, or the use of, of all or any portion of the Undivided Interestof, the Facility or the Facility Site Interest is requisitioned or taken by or pursuant to a request of any Governmental Authority Entity under the power of eminent domain or otherwise for a period or in a manner which does not constitute an Event of Loss, the Facility Lessee's obligation to pay all installments of Basic Periodic Lease Rent or Renewal Rent, as applicable, Lease Rent with respect to the Facility Interest shall continue for the duration of such requisitioning or taking. Subject to Section 10.3(d) hereof, the The Facility Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Authority Entity as compensation for such requisition or taking of possession; PROVIDED THAT . Any amount referred to in this Section 10.4(a) which is payable to the Facility Lessee shall not be paid to the Facility Lessee, or if it has been previously paid directly to the Facility Lessee, shall not be retained by the Facility Lessee, if at the time of such payment a Material Significant Lease Default or a Lease Event of Default shall have occurred and be continuing, such amounts but shall be paid to and held by the Owner Lessor unless or, so long as the Lessor Notes are outstandingLien of the LeasIndenture shall not have been terminated or discharged, in which case such amounts shall be paid to and held by the Security Agent, Lease Indenture Trustee as security for the obligations of the Facility Lessee under this Facility Lease until Lease, and at such time as no Material there shall not be continuing any such Significant Lease Default or Lease Event of Default is continuing. Default, such amount shall be paid to the Facility Lessee. (b) Any insurance proceeds with respect to the Undivided Facility Interest received at any time by the Owner Lessor, the Security Agent Lease Indenture Trustee or the Facility Lessee under any of the insurance policies required to be maintained by the Facility Lessee under SECTION 11 Section II as a result of any damage to the Facility or any part thereof which does not constitute an Event of Loss shall be applied as follows: (i) in accordance with SECTION Section 11.7, ; and (ii) the balance, if any, of such insurance proceeds remaining thereafter shall be paid to the Facility Lessee.. SECTION II INSURANCE Section 11.1

Application of Payments Not Relating to an Event of Loss. (a) In the event that during the Facility Lease Term title to, or the use of, all or any portion of the Undivided Interest, the Facility or the Facility Site is requisitioned or taken by or pursuant to a request of any Governmental Authority under the power of eminent domain or otherwise for a period or in a manner which does not constitute an Event of Loss, the Facility Lessee's obligation to pay all installments of Basic Periodic Lease Rent or Renewal Rent, as applicable, shall continue for the duration of such requisitioning or taking. Subject to Section 10.3(d) hereof, the The Facility Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Authority as compensation for such requisition or taking of possession; PROVIDED THAT provided, that if at the time of such payment a Material Significant Lease Default or a Lease Event of Default shall have occurred and be continuing, such amounts shall be paid to and held by the Owner Lessor unless the Lessor Notes are outstanding, in which case such amounts shall be paid to and held by the Security AgentLease Indenture Trustee, as security for the obligations of the Facility Lessee under this Facility Lease until such time as no Material Significant Lease Default or Lease Event of Default is continuing. (b) Any insurance proceeds with respect to the Undivided Interest received at any time by the Owner Lessor, the Security Agent Lease Indenture Trustee or the Facility Lessee under any of the insurance policies required to be maintained by the Facility Lessee under SECTION Section 11 as a result of any damage to the Facility ---------- or any part thereof which does not constitute an Event of Loss shall be applied as follows: (i) in accordance with SECTION Section 11.7, and (ii) the balance, if any, ------------ of such insurance proceeds remaining thereafter shall be paid to the Facility Lessee.

Application of Payments Not Relating to an Event of Loss. (a) In the event that during the Facility Lease Term title to, or the use of, of all or any portion of the Undivided Interestof, the Facility or the Facility Site Interest is requisitioned or taken by or pursuant to a request of any Governmental Authority Entity under the power of eminent domain or otherwise for a period or in a manner which does not constitute an Event of Loss, the Facility Lessee's obligation to pay all installments of Basic Periodic Lease Rent or Renewal Rent, as applicable, Lease Rent with respect to the Facility Interest shall continue for the duration of such requisitioning or taking. Subject to Section 10.3(d) hereof, the The Facility Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Authority Entity as compensation for such requisition or taking of possession; PROVIDED THAT . Any amount referred to in this Section 10.4(a) which is payable to the Facility Lessee shall not be paid to the Facility Lessee, or if it has been previously paid directly to the Facility Lessee, shall not be retained by the Facility Lessee, if at the time of such payment a Material Significant Lease Default or a Lease Event of Default shall have occurred and be continuing, such amounts but shall be paid to and held by the Owner Lessor unless or, so long as the Lessor Notes are outstandingLien of the Lease Indenture shall not have been terminated or discharged, in which case such amounts shall be paid to and held by the Security Agent, Lease Indenture Trustee as security for the obligations of the Facility Lessee under this Facility Lease until Lease, and at such time as no Material there shall not be continuing any such Significant Lease Default or Lease Event of Default is continuingDefault, such amount shall be paid to the Facility Lessee. (b) Any insurance proceeds with respect to the Undivided Facility Interest received at any time by the Owner Lessor, the Security Agent Lease Indenture Trustee or the Facility Lessee under any of the insurance policies required to be maintained by the Facility Lessee under SECTION Section 11 as a result of any damage to the Facility or any part thereof which does not constitute an Event of Loss shall be applied as follows: (i) in accordance with SECTION Section 11.7, ; and (ii) the balance, if any, of such insurance proceeds remaining thereafter shall be paid to the Facility Lessee.

Application of Payments Not Relating to an Event of Loss. (a) In the event that during the Facility Lease Term title to, or the use of, all or any portion of the Undivided Interest, the Facility or the Facility Site is requisitioned or taken by or pursuant to a request of any Governmental Authority under the power of eminent domain or otherwise for a period or in a manner which does not constitute an Event of Loss, the Facility Lessee's obligation to pay all installments of Basic Lease Rent or Renewal Rent, as applicable, shall continue for the duration of such requisitioning or taking. Subject to Section 10.3(d) hereof, the Facility Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Authority as compensation for such requisition or taking of possession; PROVIDED THAT provided that if at the time of such payment a Material Lease Default or a Lease Event of Default shall have occurred and be continuing, such amounts shall be paid to and held by the Owner Lessor unless the Lessor Notes are outstanding, in which case such amounts shall be paid to and held by the Security Agent, as security for the obligations of the Facility Lessee under this Facility Lease until such time as no Material Lease Default or Lease Event of Default is continuing. (b) Any insurance proceeds with respect to the Undivided Interest received at any time by the Owner Lessor, the Security Agent or the Facility Lessee under any of the insurance policies required to be maintained by the Facility Lessee under SECTION Section 11 as a result of any damage to the Facility or any part thereof which does not constitute an Event of Loss shall be applied as follows: (i) in accordance with SECTION Section 11.7, and (ii) the balance, if any, of such insurance proceeds remaining thereafter shall be paid to the Facility Lessee.

Application of Payments Not Relating to an Event of Loss. (a) In All payments received at any time by the event that during the Facility Lease Term title to, Lessor or the use of, all or any portion of the Undivided Interest, the Facility or the Facility Site is requisitioned or taken by or pursuant to a request of Lessee from any Governmental Authority under or other Person (other than insurance proceeds, which shall be governed by Section 13) with respect to any such condemnation, confiscation, seizure or requisitioning of the power of eminent domain or otherwise for a period or in a manner which does Platform not constitute constituting an Event of Loss, shall be paid over to the Facility Lessee's obligation Indenture Trustee (unless the Lien of the Indenture shall have been discharged pursuant to pay all installments the terms thereof, in which case such payment shall be paid to, or retained by, the Lessor) to the extent of Basic Lease Rent the Platform for application pursuant to the following provisions of this Section 12.4. If the Lessee receives proceeds that are to be paid to the Lessor or Renewal Rentthe Indenture Trustee, as applicable, it shall continue hold such proceeds in trust for the duration of Person entitled thereto and immediately pay such requisitioning or takingproceeds to such Person entitled thereto. Subject to Section 10.3(d) hereof, the Facility Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Authority So long as compensation for such requisition or taking of possession; PROVIDED THAT if at the time of such payment a Material no Lease Default or a Lease Event of Default shall have occurred and be continuing, such amounts proceeds shall be paid over to the Lessee or as the Lessee may direct from time to time as replacement of the Platform progresses to pay (or reimburse the Lessee for) the cost of such replacement so long as prior to each such payment the Lessee shall have furnished evidence reasonably satisfactory to the Owner Participant and, so long as the Lien of the Indenture is in effect, the Indenture Trustee, that the amount of such proceeds received and held not yet disbursed by the Owner Indenture Trustee or the Lessor, as the case may be, on account of such condemnation, confiscation, seizure or requisitioning, are sufficient to pay the remaining estimated costs of completing such replacement. Payment of such proceeds shall be made only against actual expenditures or invoices from third parties in respect thereof and only upon the written request of the Lessee, accompanied by evidence reasonably satisfactory to the Lessor and (unless the Lien of the Indenture shall have been discharged pursuant to the terms thereof) the Indenture Trustee that the replacement of the Platform has been completed or is being completed in accordance with Section 11 hereof, that all filings and recordations so as to protect the right, title and interest of the Lessor Notes are outstandingand the Indenture Trustee therein have been made, that the Lessee has made actual cash expenditures or, in which the case of third parties, binding commitments thereof, for such replacement and the amounts shall be paid to and held by the Security Agentthereof, as security for the obligations of the Facility Lessee under this Facility Lease until such time as that no Material Lease Default or Lease Event of Default has occurred and is continuing. (b) Any insurance proceeds with continuing hereunder and that there are no Liens other than Permitted Liens on or in respect of the Platform. Upon the written request of the Lessee to the Undivided Interest received at any time Lessor and (unless the Lien of the Indenture shall have been discharged pursuant to the terms thereof) the Indenture Trustee, accompanied by evidence (reasonably satisfactory to the Owner LessorParticipant, the Security Agent or Lessor and (unless the Facility Lessee under any Lien of the insurance policies required to be maintained by the Facility Lessee under SECTION 11 as a result of any damage Indenture shall have been discharged pursuant to the Facility terms thereof) the Indenture Trustee) that such replacement of the Platform has been completed and the costs thereof paid in full and that there are no Liens other than Permitted Liens on or any part thereof which does not constitute an Event in respect of Loss shall be applied as follows: (i) in accordance with SECTION 11.7the Platform, and (ii) the balance, if any, of such insurance proceeds, including any interest earned thereon, shall, so long as no Lease Default or Lease Event of Default shall have occurred and be continuing, be allocated between the Lessee and the Lessor in accordance with their respective interests in the Platform. Unless a Lease Default or Lease Event of Default shall have occurred and be continuing, all such proceeds remaining thereafter (less the actual out-of-pocket costs, fees and expenses incurred in the collection thereof) actually received by the Lessee or returned to it pursuant to the terms of this Lease on account of any such condemnation, confiscation, seizure or requisitioning other than an Event of Loss, or on account of an Event of Loss as to which Section 12.2(a)(ii) applies, and not to be held in trust and turned over to the Lessor or the Indenture Trustee pursuant to this Section 12.4 shall be paid applied by the Lessee to restore the Platform to the Facility Lesseecondition required by Section 11 and the balance remaining, if any, shall be allocated between the Lessee and the Lessor in accordance with their respective interests in the Platform.

Application of Payments Not Relating to an Event of Loss. (a) In the event that during the Facility Lease Term title to, or the use of, all or any portion of the Undivided Interest, the Facility or the Facility Site is requisitioned or taken by or pursuant to a request of any Governmental Authority under the power of eminent domain or otherwise for a period or in a manner which does not constitute an Event of Loss, the Facility Lessee's obligation to pay all installments of Basic Periodic Lease Rent or Renewal Rent, as applicable, shall continue for the duration of such requisitioning or taking. Subject to Section 10.3(d) hereof, the The Facility Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Authority as compensation for such requisition or taking of possession; PROVIDED THAT provided, that if at the time of such payment a Material Significant Lease Default or a Lease Event of Default shall have occurred and be continuing, such amounts shall be paid to and held by the Owner Lessor unless the Lessor Notes are outstanding, in which case such amounts shall be paid to and held by the Security AgentLease Indenture Trustee, as security for the obligations of the Facility Lessee under this Facility Lease until such time as no Material Significant Lease Default or Lease Event of Default is continuing. (b) Any insurance proceeds with respect to the Undivided Interest received at any time by the Owner Lessor, the Security Agent Lease Indenture Trustee or the Facility Lessee under any of the insurance policies required to be maintained by the Facility Lessee under SECTION Section 11 as a result of any damage to the Facility ---------- or any part thereof which does not constitute an Event of XXXXXXXXX FACILITY LEASE (L1) ----------------------------- Loss shall be applied as follows: (i) in accordance with SECTION Section 11.7, and (ii) ------------ the balance, if any, of such insurance proceeds remaining thereafter shall be paid to the Facility Lessee.