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. In the event that during the Network Lease Term the use of all or any portion of the Network is requisitioned or taken by or pursuant to a request of any Governmental Entity under the power of eminent domain or otherwise for a period which does not constitute an Event of Loss, the Lessee’s obligation to pay all installments of Basic Lease Rent shall continue for the duration of such requisitioning or taking. The Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Entity as compensation for such requisition or taking of possession; provided, however, that if at the time of such payment a Lease Event of Default shall have occurred and be continuing, all such sums shall be paid to and held by the Owner Lessor or, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, the Lease Indenture Trustee as security for the obligations of the Lessee under this Network Lease, and upon the earlier of (i) so long as no Lease Event of Default shall be continuing under Section 17(a) or (b) hereof, 180 days after the Owner Lessor (or the Lease Indenture Trustee) shall have received such amount, provided the Owner Lessor (or the Lease Indenture Trustee) has not proceeded to exercise any remedy under Section 17 hereof and it is not stayed or prevented by law or otherwise from exercising such remedy and (ii) such time as there shall not be continuing any Lease Event of Default, such amount shall be paid to the Lessee.

Application of Payments Not Relating to an Event of Loss. In All payments received at any time by the event that during Lessor or the Network Lease Term the use of all Lessee from any Governmental Authority or other Person (other than insurance proceeds, which shall be governed by Section 13) with respect to any portion such condemnation, confiscation, seizure or requisitioning of the Network is requisitioned or taken by or pursuant to a request of any Governmental Entity under the power of eminent domain or otherwise for a period which does Platform not constitute constituting an Event of Loss, shall be paid over to the Indenture Trustee (unless the Lien of the Indenture shall have been discharged pursuant to the terms thereof, in which case such payment shall be paid to, or retained by, the Lessor) to the extent of 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 the Indenture Trustee, it shall hold such proceeds in trust for the Person entitled thereto and immediately pay such proceeds to such Person entitled thereto. So long as no Lease Default or Lease Event of Default shall have occurred and be continuing, such 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 not yet disbursed by the 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’s obligation , accompanied by evidence reasonably satisfactory to pay 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 installments filings and recordations so as to protect the right, title and interest of Basic the Lessor and the Indenture Trustee therein have been made, that the Lessee has made actual cash expenditures or, in the case of third parties, binding commitments thereof, for such Spinnaker replacement and the amounts thereof, that no Lease Rent Default or Lease Event of Default has occurred and is 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 Lessor and (unless the Lien of the Indenture shall continue for have been discharged pursuant to the duration terms thereof) the Indenture Trustee, accompanied by evidence (reasonably satisfactory to the Owner Participant, the Lessor and (unless the Lien of the Indenture shall have been discharged pursuant to the 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 in respect of the Platform, the balance, if any, of such requisitioning proceeds, including any interest earned thereon, shall, so long as no Lease Default or takingLease 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. The Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Entity as compensation for such requisition Unless a Lease Default or taking of possession; provided, however, that if at the time of such payment a Lease Event of Default shall have occurred and be continuing, all such sums proceeds (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 to and held applied by the Owner Lessor orLessee to restore the Platform to the condition required by Section 11 and the balance remaining, so long as the Lien of the Lease Indenture if any, shall not have been terminated or discharged, the Lease Indenture Trustee as security for the obligations of be allocated between the Lessee under this Network Lease, and upon the earlier of (i) so long as no Lease Event of Default shall be continuing under Section 17(a) or (b) hereof, 180 days after Lessor in accordance with their respective interests in the Owner Lessor (or the Lease Indenture Trustee) shall have received such amount, provided the Owner Lessor (or the Lease Indenture Trustee) has not proceeded to exercise any remedy under Section 17 hereof and it is not stayed or prevented by law or otherwise from exercising such remedy and (ii) such time as there shall not be continuing any Lease Event of Default, such amount shall be paid to the LesseePlatform.

Application of Payments Not Relating to an Event of Loss. (a) In the event that during the Network Facility Lease Term title to, or the use of all or any portion of of, the Network Facility Interest is requisitioned or taken by or pursuant to a request of any Governmental Entity under the power of eminent domain or otherwise for a period which does not constitute an Event of Loss, the Facility Lessee’s 's obligation to pay all installments of Basic Periodic Lease Rent or Renewal Lease Rent with respect to the Facility Interest shall continue for the duration of such requisitioning or taking. The Facility Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Entity as compensation for such requisition or taking of possession; provided. 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, howeveror if it has been previously paid directly to the Facility Lessee, that shall not be retained by the Facility Lessee, if at the time of such payment a Significant Lease Default or Lease Event of Default shall have occurred and be continuing, all such sums but shall be paid to and held by the Owner Lessor or, so long as the Lien of the Lease Indenture LeasIndenture shall not have been terminated or discharged, the Lease Indenture Trustee as security for the obligations of the Facility Lessee under this Network Facility Lease, and upon the earlier of (i) so long as no Lease Event of Default shall be continuing under Section 17(a) or (b) hereof, 180 days after the Owner Lessor (or the Lease Indenture Trustee) shall have received such amount, provided the Owner Lessor (or the Lease Indenture Trustee) has not proceeded to exercise any remedy under Section 17 hereof and it is not stayed or prevented by law or otherwise from exercising such remedy and (ii) at such time as there shall not be continuing any such Significant Lease Default or Lease Event of Default, such amount shall be paid to the Facility Lessee.. (b) Any insurance proceeds with respect to the Facility Interest received at any time by the Owner Lessor, the Lease Indenture Trustee or the Facility Lessee under any of the insurance policies required to be maintained by the Facility Lessee under 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 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 Network Facility Lease Term the use of all or any portion of the Network Undivided Interest is requisitioned or taken by or pursuant to a request of any Governmental Entity under the power of eminent domain or otherwise for a period which does not constitute an Event of Loss, the Facility Lessee’s 's obligation to pay all installments of Basic Periodic Lease Rent and Renewal Lease Rent shall continue for the duration of such requisitioning or taking. The Facility Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Entity as compensation for such requisition or taking of possession; provided. 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, howeveror if it has been previously paid directly to the Facility Lessee, that shall not be retained by the Facility Lessee, if at the time of such payment a Significant Lease Default or Lease Event of Default shall have occurred and be continuing, all such sums but shall be paid to and held by the Owner Lessor or, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, the Lease Indenture Trustee as security for the obligations of the Facility Lessee under this Network Facility Lease, and upon the earlier of (i) so long as no Lease Event of Default shall be continuing under Section 17(a) or (b) hereof, 180 days after the Owner Lessor (or the Lease Indenture Trustee) shall have received such amount, provided the Owner Lessor (or the Lease Indenture Trustee) has not proceeded to exercise any remedy under Section 17 hereof and it is not stayed or prevented by law or otherwise from exercising such remedy and (ii) such time as there shall not be continuing any such Significant Lease Default or Lease Event of Default, such amount shall be paid to the Facility Lessee.

Application of Payments Not Relating to an Event of Loss. (a) In the event that during the Network Facility Lease Term title to, or the use of all or any portion of of, the Network Facility Interest is requisitioned or taken by or pursuant to a request of any Governmental Entity under the power of eminent domain or otherwise for a period which does not constitute an Event of Loss, the Facility Lessee’s 's obligation to pay all installments of Basic Periodic Lease Rent or Renewal Lease Rent with respect to the Facility Interest shall continue for the duration of such requisitioning or taking. The Facility Lessee shall be entitled to receive and retain for its own account all sums payable for any such period by such Governmental Entity as compensation for such requisition or taking of possession; provided. 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, howeveror if it has been previously paid directly to the Facility Lessee, that shall not be retained by the Facility Lessee, if at the time of such payment a Significant Lease Default or Lease Event of Default shall have occurred and be continuing, all such sums but shall be paid to and held by the Owner Lessor or, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, the Lease Indenture Trustee as security for the obligations of the Facility Lessee under this Network Facility Lease, and upon the earlier of (i) so long as no Lease Event of Default shall be continuing under Section 17(a) or (b) hereof, 180 days after the Owner Lessor (or the Lease Indenture Trustee) shall have received such amount, provided the Owner Lessor (or the Lease Indenture Trustee) has not proceeded to exercise any remedy under Section 17 hereof and it is not stayed or prevented by law or otherwise from exercising such remedy and (ii) at such time as there shall not be continuing any such Significant Lease Default or Lease Event of Default, such amount shall be paid to the Facility Lessee.