Completion of Restoration. The foregoing provisions of this Article XIII apply only to Casualty Damage occurring after the Lease Commencement Date. Any such Casualty Damage occurring prior to such time shall be restored, repaired, replaced and rebuilt by Landlord. All moneys received by Landlord under its builder's risk insurance coverage shall be applied by Landlord to complete the Restoration of such Casualty Damage.
Completion of Restoration. Upon completion of the restoration of the Adjacent Property and the Hotel/Casino Property as contemplated in Section 3.22(a)(ii) hereof, Borrowers shall furnish to Lender the following: (i) a notice from Borrowers informing Lender that such restoration has been completed (a “Restoration Completion Notice”), (ii) confirmation from the Construction Consultant that such restoration has been fully completed substantially in accordance with all Legal Requirements, all material Permitted Encumbrances and this Agreement, (iii) copies of any material Governmental Approvals needed to confirm completion of such restoration, (iv) evidence satisfactory to Lender that all sums due in connection with the construction of the Project and/or such restoration have been paid in full, as evidenced by (A) with respect to any party with Lien rights, an executed Lien waiver in the form attached hereto as Exhibit L-4, or (B) with respect to any party without Lien rights, an invoice and proof of payment or such other evidence of payment as shall be reasonably satisfactory to Lender, and (v) evidence satisfactory to Lender that, except for any Lien then being contested pursuant to, and in accordance with, Section 3.6(b) of the Mortgage, no party claims or has a right to claim any statutory or common law Lien arising out of the construction of the Project or such restoration or the supplying of labor, material and/or services in connection therewith.
Completion of Restoration. The foregoing provisions of this Article ------------------------- apply only to damage or destruction of the Improvements by fire, casualty or other cause occurring after the Commencement Date. Any such damage or destruction occurring prior to such time shall be restored, repaired, replaced and rebuilt by Landlord, and during such period of construction Landlord shall obtain and maintain the builder's risk insurance coverage referred to in Article 2 hereof all monies received by Landlord under its builder's risk insurance coverage shall be applied by Landlord to complete the Restoration of such damage or destruction and if such insurance proceeds are insufficient Landlord shall provide all additional funds necessary to complete the Restoration of the Improvements.
Completion of Restoration. If Landlord is obligated to, or elects to, repair and restore the Premises and/or Building, as provided in Section 16.01 or 16.02 above, and Landlord fails to complete such restoration within the time periods provided therein, then Tenant shall have the right to terminate this Lease upon written notice delivered to Landlord at any time after the expiration of such time periods, and provided that Landlord fails to deliver the Premises in the manner required therein within thirty (30) days of receipt of Tenant’s notice of termination, then this Lease shall terminate without any further notice or action on either party’s part.
Completion of Restoration. The foregoing provisions of this Article XIII apply only to damage or destruction of the Improvements by fire, casualty or other cause occurring after March 2, 1998. Any such damage or destruction occurring prior to such time shall be restored, repaired, replaced and rebuilt by Landlord.
Completion of Restoration. The foregoing provisions of this Article ------------------------- XIII apply only to damage or destruction of the Improvements by fire, casualty or other cause occurring after the Commencement Date. Any such damage or destruction occurring prior to such time shall be restored, repaired, replaced and rebuilt by Landlord.
Completion of Restoration. The foregoing provisions of this Article ------------------------- ------- 15 apply only to damage or destruction of the Improvements by fire, casualty or -- other cause occurring after the
Completion of Restoration. Where Lessor is obligated or elects to effect restoration of the Premises pursuant to the provisions of any subdivisions of Paragraph 9 of this Lease, unless such restoration is completed within one hundred fifty (150) days after the date of the occurrence of the damage or destruction, such period to be subject, however, to extensions of (i) no more than sixty (60) days in the aggregate where the delay in completion of such work is due to Lessor's Force Majeure and (ii) one (1) day for each day after the tenth (10th) day but prior to the thirtieth (30th) day after the effective date of "Lessor's Restoration Notice" (as described below) that Lessee does not notify Lessor that Lessee waives "Lessee's Restoration Notice Termination Right" (as described below), Lessee shall have the right to terminate this Lease exercised by the giving of notice to Lessor at any time within the time period from the expiration of such one hundred fifty (150) day period (as extended pursuant to the provisions of this Paragraph 9.10)) until the date which is thirty (30) days subsequent to the expiration of such one hundred fifty (150) day period (as so extended), such termination to take effect as of the thirtieth (30th) day after the date of receipt by Lessor of Lessee's notice, with the same force and effect as if such date were the date originally established as the expiration date hereof unless, within such thirty (30) day period such restoration is substantially completed, in which case Lessee's notice of termination shall be 6f no force and effect and this Lease and the Lease Term shall continue in full force and effect. If Lessor shall determine within such one hundred fifty (150) day (as extended) period that such restoration shall not be substantially completed within such one hundred fifty (150) day (as extended) period, Lessor shall notify ("Lessor's Restoration Notice") Lessee within thirty (30) days after such determination and Lessor may with such notice elect to terminate this Lease as of a date set forth in such notice which shall not be earlier than thirty (30) days nor later than sixty (60) days from the date of said notice, in which case this Lease shall terminate as of the date so set forth in Lessor's notice. If Lessor shall give Lessor's Restoration Notice but shall -11-
Completion of Restoration. Any undisbursed or unreleased amounts remaining on deposit in a Restoration Collateral Account after the repair or restoration of the Mortgaged Property shall be disbursed to the Company upon satisfaction of the conditions to such disbursement or release set forth in the Deed of Trust.
Completion of Restoration. 45 Section 11.06 Duties of the Collateral Agent........................................... 45
