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 Payments received at any time by the event that during Lessor (other than insurance placed by the Network Lease Term Owner Trustee or the Owner Participant pursuant to Section 10(b)) or the Lessee from any Governmental Authority, insurer or other Person with respect to any destruction, damage, loss, condemnation, confiscation, theft or seizure of or requisition of title to or requisition of use of all of, Unit 2 or the Common Facilities, 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 part thereof, not constitute constituting an Event of LossLoss shall be applied first to reimburse the Lessee for all amounts expended in respect of the repair, replacement or reconstruction of Unit 3 or the Lessee’s obligation to pay all installments of Basic Lease Rent shall continue for Common Facilities, or any part thereof, as provided in Section 9(b), and second the duration balance, if any, of such requisitioning or taking. The Lessee payments shall be entitled to receive divided between the Lessor and retain for its own account all sums payable for any such period by such Governmental Entity the Lessee as compensation for such requisition or taking their interests may appear. (i) Disposition at rise of possession; providedEvent of Default. Notwithstanding the foregoing provisions of this Section 9, however, that if at the time of such payment a Lease an Event of Default shall have occurred and be continuing, all such sums any amount that would otherwise be payable to or for the account of, or that would otherwise be retained by, the Lessee pursuant to Section 10 or this Section 9 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 LeaseFacility Lease and, and upon at such time thereafter as 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) Lessee shall have received cured any 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 promptly to the LesseeLessee unless this Facility Lease shall have theretofore been declared to be in default, in which event such amount shall be disposed of in accordance with the provisions hereof and of the Indenture.

Application of Payments Not Relating to an Event of Loss. In the event that during the Network Unless a Lease Term the use of all Default 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 payments (except for payments under insurance policies maintained other than pursuant to Article X of this Lease) received at any time by the Lessor or the Lessee from any governmental authority or other Person with respect to any loss, condemnation, confiscation, or seizure of, or requisition of title to or use of, or damage to, the Equipment or any part thereof not constituting an Event of Loss shall be paid to and held or retained by the Owner Lessor Lessee (except as otherwise provided in Article X hereof) and shall be applied as follows: first, directly in payment for repairs or replacement of the Equipment in ----- respect of which such payment was received in accordance with the provisions of Article X hereof, if not already paid for by the Lessee, or, so long if already paid for by the Lessee, shall be applied to reimburse the Lessee for such payment; and second, the balance remaining, if any, at the end of such payments remaining ------ thereafter as may be attributable to (x) the Lien proceeds of insurance maintained by Lessee pursuant to Article X hereof or (y) amounts paid by any government authority with respect to any requisition of use of the Lease Indenture shall not have been terminated or discharged, Equipment during the Lease Indenture Trustee as security for Term, shall be retained by the obligations Lessee. The Lessee shall maintain records setting forth information relating to the receipt and application of such payments in accordance with this Section 13.3. Such records shall be kept on file by the Lessee under this Network Lease, at its offices and upon the earlier of (i) so long as no Lease Event of Default copies 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 LesseeLessor upon request.

Application of Payments Not Relating to an Event of Loss. (a) In the event that during the Network 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 Lessee’s '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. (b) Any amount referred to in Section 10.4(a) which is payable to the Lessee shall not be paid to the Lessee, howeveror if it has been previously paid directly to the Lessee, that if at shall not be retained by the time of such payment a Lease Event of Default shall have occurred and be continuingLessee, all such sums but instead 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 Trustee, as security for the obligations of the Lessee under this Network Lease, and upon as provided in Section 11.7. (c) Any insurance proceeds with respect to the earlier Undivided Interest received at any time by the Lessor, the Indenture Trustee or the Lessee under any of (i) so long the insurance policies required to be maintained by the Lessee under Section 11 as no Lease a result of any damage to the Facility or any part thereof which does not constitute an Event of Default Loss shall be continuing under applied as follows: first, in accordance with Section 17(a) or (b) hereof11.7; and second, 180 days after the Owner Lessor (or the Lease Indenture Trustee) shall have received balance, if any, of 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 insurance proceeds remaining thereafter shall be paid to the Lessee.