Common use of Casualty and Condemnation Clause in Contracts

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 and Section 16 (in the event Lessee delivers, or is obligated to deliver, a Termination Notice), and prior to the occurrence and continuation of a Lease Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any award, compensation or insurance proceeds to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default shall have occurred and be continuing such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, and provided further that in the event of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be paid directly to Lessor, or if received by Lessee, shall be held in trust for Lessor and shall be paid over by Lessee to Lessor.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 ARTICLE XV and Section 16 ARTICLE XVI (in the event Lessee delivers, or is obligated to deliver, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or Lease Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any award, compensation or insurance proceeds under SECTIONS 14.2(A) OR (B) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; providedPROVIDED, howeverHOWEVER, if a Lease Default or Lease Event of Default shall have occurred and be continuing such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for Lessor and shall be paid over by Lessee to Lessorthe performance of Lessee's obligations hereunder.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliver, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or Lease Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any award, compensation or insurance proceeds under Sections 14.2(a) or (b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or Lease Event of Default shall have occurred and be continuing such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for Lessor and shall be paid over by Lessee to Lessorthe performance of Lessee's obligations hereunder.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliver, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or Lease Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any award, compensation or insurance proceeds under Sections 14.2(a) or (b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or Lease Event of Default shall have occurred and be continuing such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for Lessor and shall be paid over by Lessee to Lessorthe performance of Lessee's obligations hereunder for the duration of any applicable cure period.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliver, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or Lease Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any award, compensation or insurance proceeds under Sections 14.2(a) or (b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a each Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, that if a Lease Default or Lease Event of Default shall have occurred and be continuing continuing, such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for Lessor and shall be paid over by Lessee to Lessorthe performance of Lessee's obligations hereunder.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any award, compensation or insurance proceeds under Sections 14.2(a) or (b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Event of Default shall have -------- ------- occurred and be continuing or if such award, compensation or insurance proceeds shall exceed $1,000,000, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for the performance of Lessee's obligations hereunder and when all such obligations of Lessee with respect to such matters have been satisfied, all amounts so held by Lessor and shall be paid over by Lessee to LessorLessee.

Casualty and Condemnation. (a) Subject to the provisions of the Agency Agreement and this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or an Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any condemnation proceeds, award, compensation or insurance proceeds under Sections 14.2(a) or (b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or an Event of Default shall have occurred and be continuing or if such award, compensation or insurance proceeds shall exceed $1,000,000, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for Lessor the performance of Lessee's obligations hereunder and shall be paid over by Lessee to Lessorunder the other Operative Agreements.

Casualty and Condemnation. (a) Subject to the provisions of the Agency Agreement and this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or an Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any condemnation proceeds, award, compensation or insurance proceeds under Sections 14.2(a) or 14.2(b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or an Event of Default shall have occurred and be continuing or if such award, compensation or insurance proceeds shall exceed $1,000,000, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this Article XV. All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for the performance of Lessee's obligations hereunder and under the other Operative Agreements and when all such obligations of Lessee with respect to such matters (and all other obligations of Lessee which should have been satisfied pursuant to the Operative Agreements as of such date) have been satisfied, all amounts so held by Lessor and shall be paid over by Lessee to LessorLessee.

Casualty and Condemnation. (a) Subject to the provisions of the Agency Agreement and this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or an Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any condemnation proceeds, award, compensation or insurance proceeds under Sections 14.2(a) or 14.2(b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or an Event of Default shall have occurred and be continuing or if such award, compensation or insurance proceeds shall exceed $2,000,000, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held as security for the performance of Lessee's obligations hereunder and under the other Operative Agreements and (i) to the extent no Default or Event of Default shall have occurred and be continuing at such time, Lessor shall pay such amounts so held by Lessor (A) from time to time as Lessee either restores and repairs such Property pursuant to Section 15.1(e) and gives Lessor reasonable evidence of such restoration and repair work or (b) promptly to Lessee upon Lessee's payment in trust full of the Termination Value for such Property pursuant to Article XVI or (ii) to the extent a Default or Event of Default shall have occurred and be continuing at such time, all amounts so held by Lessor and shall be paid over by to Lessee when all such obligations of Lessee with respect to Lessorsuch matters (and all other obligations of Lessee which should have been satisfied pursuant to the Operative Agreements as of such date) have been satisfied and no Default or Event of Default is then continuing.

Casualty and Condemnation. (a) Subject to the provisions of the Agency Agreement and this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or an Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any condemnation proceeds, award, compensation or insurance proceeds under Sections 14.2(a) or 14.2(b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or an Event of Default shall have occurred and be continuing or if such award, compensation or insurance proceeds shall exceed $1,000,000, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this Article XV. All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for the performance of Lessee's obligations hereunder and under the other Operative Agreements and when all such Defaults and Events of Default have been cured within the permitted cure periods or otherwise waived, all amounts so held by Lessor and shall be paid over by Lessee to LessorLessee.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or an Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any condemnation proceeds, award, compensation or insurance proceeds under Sections 14.2(a) or 14.2(b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a the Property (i) if all or a portion of such the Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such the Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or an Event of Default shall have occurred and be continuing or if such award, compensation or insurance proceeds shall exceed $1,000,000, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this Article XV. All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for the performance of Lessee's obligations hereunder and under the other Operative Agreements and when all such Defaults and Events of Default have been cured within the permitted cure periods or otherwise waived, all amounts so held by Lessor and shall be paid over by Lessee to LessorLessee.

Casualty and Condemnation. (ac) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliver, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or Lease Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's ’s right, title and interest in) any award, compensation or insurance proceeds under Sections 14.2(a) or (b) to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or Lease Event of Default shall have occurred and be continuing such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for Lessor and shall be paid over by Lessee to Lessorthe performance of Lessee’s obligations hereunder.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliver, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or Lease Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's ’s right, title and interest in) any award, compensation or insurance proceeds under Sections 14.2(a) or (b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a each Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, that if a Lease Default or Lease Event of Default shall have occurred and be continuing continuing, such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for Lessor and shall be paid over by Lessee to Lessorthe performance of Lessee’s obligations hereunder.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or an Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any condemnation proceeds, award, compensation or insurance proceeds under Sections 14.2(a) or 14.2(b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a the Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or an Event of Default shall have occurred and be continuing or if such award, compensation or insurance proceeds shall exceed $1,000,000, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this Article XV. All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be paid directly to Lessor, or if received by Lessee, shall be held in trust for Lessor and shall be paid over by Lessee to Lessor.,

Casualty and Condemnation. (a) Subject to the provisions of the Agency Agreement and this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or an Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any condemnation proceeds, award, compensation or insurance proceeds under Sections 14.2(a) or 14.2(b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or an Event of Default shall have occurred and be continuing or if such award, compensation or insurance proceeds shall exceed $1,000,000, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this Article XV. All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for Lessor the performance of Lessee's obligations hereunder and shall be paid over by Lessee to Lessorunder the other Operative Agreements.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliver, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or Lease Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's ’s right, title and interest in) any award, compensation or insurance proceeds under Sections 14.2(a) or (b) to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or Lease Event of Default shall have occurred and be continuing such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for Lessor and shall be paid over by Lessee to Lessorthe performance of Lessee’s obligations hereunder.

Casualty and Condemnation. (a) Subject to the provisions of the Agency Agreement and this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or an Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's ’s right, title and interest in) any condemnation proceeds, award, compensation or insurance proceeds under Sections 14.2(a) or 14.2(b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or an Event of Default shall have occurred and be continuing or if such award, compensation or insurance proceeds shall exceed $1,000,000, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for the performance of Lessee’s obligations hereunder and under the other Operative Agreements and when all such obligations of Lessee with respect to such matters (and all other obligations of Lessee which should have been satisfied pursuant to the Operative Agreements as of such date) have been satisfied, all amounts so held by Lessor and shall be paid over by Lessee to LessorLessee.

Casualty and Condemnation. (a) Subject to the provisions of the Agency Agreement and this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or an Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any condemnation proceeds, award, compensation or insurance proceeds under Sections 14.2(a) or 14.2(b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or an Event of Default shall have occurred and be continuing or if such award, compensation or insurance proceeds shall exceed $1,000,000, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to LessorLessor and held in accordance with the terms of this paragraph (a). All amounts held by Lessor hereunder on account of any award, compensation or insurance proceeds either paid directly to Lessor or turned over to Lessor shall be held as security for the performance of Lessee's obligations hereunder and under the other Operative Agreements. Upon Lessee's performance of all its obligations pursuant hereto and pursuant to the other Operative Agreements (and provided further that in the event no Lease Event of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, Default shall have occurred and be continuing) Lessor shall return to Lessee any such award, compensation or insurance proceeds shall be paid directly to Lessor, or if received by Lessee, shall be held in trust for Lessor and shall be paid over by Lessee to Lessorproceeds.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or an Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's ’s right, title and interest in) any condemnation proceeds, award, compensation or insurance proceeds under Sections 14.2(a) or 14.2(b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a the Property (i) if all or a portion of such the Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such the Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or an Event of Default shall have occurred and be continuing or if such award, compensation or insurance proceeds shall exceed $1,000,000, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this Article XV. All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for the performance of Lessee’s obligations hereunder and under the other Operative Agreements and when all such Defaults and Events of Default have been cured within the permitted cure periods or otherwise waived, all amounts so held by Lessor and shall be paid over by Lessee to LessorLessee.

Casualty and Condemnation. (a) Subject to the provisions of the Agency Agreement and this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or an Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any condemnation proceeds, award, compensation or insurance proceeds under Sections 14.2(a) or 14.2(b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or an Event of Default shall have occurred and be continuing or if such award, compensation or insurance proceeds shall exceed $1,000,000, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust for Lessor applied to reduce Lessee's obligations hereunder and shall be paid over by Lessee to Lessorunder the other Operative Agreements.

Casualty and Condemnation. (a) Subject to the provisions of the Agency Agreement and this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or an Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any condemnation proceeds, award, compensation or insurance proceeds under Sections 14.2(a) or 14.2(b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or an Event of Default shall have occurred and be continuing or if such award, compensation or insurance proceeds shall exceed $1,000,000, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for the performance of Lessee's obligations hereunder and under the other Operative Agreements and when all such obligations of Lessee with respect to such matters (and all other obligations of Lessee which should have been satisfied pursuant to the Operative Agreements as of such date) have been satisfied, all amounts so held by Lessor and shall be paid over by Lessee to LessorLessee.

Casualty and Condemnation. (a) Subject to the provisions of Article XIV, this Section 15 Article XV and Section 16 (in the event the Lessee delivers, or is obligated to deliver, a Termination Notice)) Article XVI, and prior to the occurrence and continuation of a Lease Default, the Lessee shall be entitled to receive (and the Lessor shall pay over to the Lessee, if received by the Lessor, and hereby irrevocably assigns to the Lessee all of the Lessor's right, title and interest in) any award, compensation or insurance proceeds to which the Lessee or the Lessor may become entitled by reason of their respective interests in a the Property (i) if all or a portion of such the Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such the Property or any part thereof thereof, is the subject of a Condemnation; provided, however, subject to Article XIV, if a Lease Default shall have occurred and be continuing or if any such proceeds are received by the Lessee during the Construction Period, such award, compensation or insurance proceeds shall be paid directly to Lessor the Agent or, if received by the Lessee, shall be held in trust for Lessorthe Agent, and shall be paid over by the Lessee to the Agent (or, if the Participation Interests have been fully paid, to the Lessor) and held in accordance with the terms of this paragraph (a). If, and provided further that in the event of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000contrary to such provision, any such award, compensation or insurance proceeds shall be are paid to the Lessor or the Lessee rather than to the Agent, the Lessor and the Lessee, as the case may be, hereby agree to transfer any such payment to the Agent. All amounts held by the Lessor or the Agent under the preceding sentence on account of any award, compensation or insurance proceeds either paid directly to Lessorthe Lessor or the Agent or turned over to the Lessor or the Agent shall either be (i) paid to the Lessee for the repair of damage caused by such Casualty or Condemnation in accordance with paragraph (e) of this Section 15.1, or if received by (ii) applied to the purchase price of the Property on the Termination Date, with any Excess Proceeds being payable to the Lessee, shall be held in trust for Lessor and shall be paid over by Lessee to Lessor.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliver, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or Lease Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's ’s right, title and interest in) any award, compensation or insurance proceeds under Sections 14.2(a) or (b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a Property (i) if all or a portion of such Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or Lease Event of Default shall have occurred and be continuing such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for Lessor and shall be paid over by Lessee to Lessorthe performance of Lessee’s obligations hereunder.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliver, a Termination Notice), and prior to the occurrence and continuation of a Lease Event of Default, Lessee shall be entitled to receive (and Agent Lessor and each Lessor hereby irrevocably assigns to Lessee all of Agent Lessor's and such Lessor's right, title and interest during such time in) any award, compensation or insurance proceeds to which Lessee or Agent Lessor may become entitled by reason of their respective interests in a the Property (i) if all or a portion of such the Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such the Property or any part thereof is the subject of a Condemnation; providedPROVIDED, howeverHOWEVER, if a Lease Default shall have occurred and be continuing such award, compensation or insurance proceeds shall be paid directly to Agent Lessor or, if received by Lessee, shall be held in trust for Agent Lessor, and shall be paid over by Lessee to Agent Lessor, and provided further PROVIDED FURTHER that in the event of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,0005,000,000, any such award, compensation or insurance proceeds shall be paid directly to Agent Lessor, or if received by Lessee, shall be held in trust for Agent Lessor and shall be paid over by Lessee to Agent Lessor.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliver, a Termination Notice), and prior to the occurrence and continuation of a Lease Event of Default, Lessee shall be entitled to receive (and Agent Lessor and each Lessor hereby irrevocably assigns to Lessee all of Agent Lessor's and such Lessor's right, title and interest during such time in) any award, compensation or insurance proceeds to which Lessee or Agent Lessor may become entitled by reason of their respective interests in a the Property (i) if during the Term all or a portion of such the Property is damaged or destroyed in whole or in part by a Casualty or (ii) if during the Term the use, access, occupancy, easement rights or title to such the Property or any part thereof is the subject of a Condemnation; providedPROVIDED, howeverHOWEVER, if a Lease Default shall have occurred and be continuing such award, compensation or insurance proceeds shall be paid directly to Agent Lessor or, if received by Lessee, shall be held in trust for Agent Lessor, and shall be paid over by Lessee to Agent Lessor, and provided further PROVIDED FURTHER that in the event of any Casualty or CondemnationCondemnation during the Term, the estimated cost of restoration of which is in excess of $1,000,0005,000,000, any such award, compensation or insurance proceeds shall be paid directly to Agent Lessor, or if received by Lessee, shall be held in trust for Lessor Agent Xxxxxx and shall be paid over by Lessee to LessorAgent Xxxxxx. Unless the Lease has been terminated pursuant to ARTICLE XVI, following a Casualty or Condemnation during the Construction Period, the Lessee shall comply with the provisions of Section 3.3 of the Agency Agreement.

Casualty and Condemnation. (a) Subject to the provisions of this Section 15 Article XV and Section 16 Article XVI (in the event Lessee delivers, or is obligated to deliverdeliver or is deemed to have delivered, a Termination Notice), and prior to the occurrence and continuation of a Lease Default or an Event of Default, Lessee shall be entitled to receive (and Lessor hereby irrevocably assigns to Lessee all of Lessor's right, title and interest in) any award, compensation or insurance proceeds under Sections 14.2(a) or (b) hereof to which Lessee or Lessor may become entitled by reason of their respective interests in a the Property (i) if all or a portion of such the Property is damaged or destroyed in whole or in part by a Casualty or (ii) if the use, access, occupancy, easement rights or title to such the Property or any part thereof is the subject of a Condemnation; provided, however, if a Lease Default or an Event of Default shall have occurred and be continuing continuing, then such award, compensation or insurance proceeds shall be paid directly to Lessor or, if received by Lessee, shall be held in trust for Lessor, and shall be paid over by Lessee to Lessor, Lessor and provided further that held in accordance with the event terms of this paragraph (a). All amounts held by Lessor hereunder on account of any Casualty or Condemnation, the estimated cost of restoration of which is in excess of $1,000,000, any such award, compensation or insurance proceeds shall be either paid directly to Lessor, Lessor or if received by Lessee, turned over to Lessor shall be held in trust as security for Lessor the performance of Lessee's obligations hereunder and under the other Operative Agreements and shall be paid over by to Lessee to Lessorupon the cure or waiver of the Default or the Event of Default.