Common use of Damage and Repair Clause in Contracts

Damage and Repair. A. If, during the Term, the Inn is damaged or destroyed by fire, casualty or other cause, Owner shall, at its cost and expense and with all reasonable diligence, repair or replace the damaged or destroyed portion of the Inn to the same condition as existed previously and Manager shall have the right to discontinue operating the Inn to the extent it deems necessary to comply with applicable law, ordinance, regulation or order or as necessary for the safe and orderly operation of the Inn. To the extent available, proceeds from the insurance described in this Agreement shall be applied to such repairs or replacements. Notwithstanding the foregoing, Owner shall not be obligated to repair or replace the damaged or destroyed portion of the Inn if one or more of the following is true: (i) the Inn is so badly damaged or destroyed that it cannot reasonably be repaired or replaced within eighteen (18) months of the date on which the construction work relating to the repair and/or replacement would begin; (ii) with respect to insurance obtained by Manager under Section 6.01, the proceeds of such insurance available for such repair or replacement are less than ninety percent (90%) of the estimated repair and replacement costs; or (iii) the remainder of the Term is less than ten (10) years and, upon Owner's request, Manager fails to agree to extend the Term to a date which is at least ten (10) years after the estimated date of the completion of such repair and/or replacement. If Owner elects not to repair or replace said damaged portion of the Inn for one or more of the foregoing reasons, it shall so notify Manager by written notice within ninety (90) days after the date of the casualty.

Damage and Repair. A. If, during the Term, the Inn Hotel is damaged or destroyed by fire, casualty or other cause, Owner shall, at its cost and expense and with all reasonable diligence, repair or replace the damaged or destroyed portion of the Inn Hotel to the same condition as existed previously and Manager shall have the right to discontinue operating the Inn Hotel to the extent it deems necessary to comply with applicable law, ordinance, regulation or order or as necessary for the safe and orderly operation of the InnHotel. To the extent available, proceeds from the insurance described in this Agreement shall be applied to such repairs or replacements. Notwithstanding the foregoing, Owner shall not be obligated to repair or replace the damaged or destroyed portion of the Inn Hotel if one or more of the following is true: (i) the Inn Hotel is so badly damaged or destroyed that it cannot reasonably be repaired or replaced within eighteen (18) months of the date on which the construction work relating to the repair and/or replacement would begin; (ii) with respect to insurance obtained by Manager under Section 6.01, the proceeds of such insurance available for such repair or replacement are less than ninety percent (90%) of the estimated repair and replacement costs; or (iii) the remainder of the Term is less than ten (10) years and, upon Owner's ’s request, Manager fails to agree to extend the Term to a date which is at least ten (10) years after the estimated date of the completion of such repair and/or replacement. If Owner elects not to repair or replace said damaged portion of the Inn Hotel for one or more of the foregoing reasons, it shall so notify Manager by written notice within ninety (90) days after the date of the casualty.

Damage and Repair. A. If, during the Termterm hereof, any of the Inn Inns is damaged or destroyed by fire, casualty or other cause, Owner Lessee shall, at its cost and expense and with all reasonable diligence, repair or replace the damaged or destroyed portion of the such Inn to the same condition as existed previously and Manager shall have the right to discontinue operating the Inn to the extent it deems necessary to comply with applicable law, ordinance, regulation or order or as necessary for the safe and orderly operation of the Innpreviously. To the extent available, proceeds from the insurance described in this Agreement Section 11.01 or Section 11.05, as the case may be, shall be applied to such repairs or replacements. Notwithstanding the foregoingHowever, Owner Lessee shall not be obligated to so repair or replace the damaged or destroyed portion of the such Inn if one or more of the following is true: (i) the Inn is so badly damaged or destroyed that it cannot reasonably be repaired or replaced within eighteen one (181) months year of the date on which the construction work relating to the repair and/or replacement would begin; (ii) with respect to insurance obtained by Manager under Section 6.0111.01, the proceeds of such insurance available for such repair or replacement are less than ninety percent (90%) of the estimated repair and replacement costs; or (iii) the remainder of the Inn Term with respect to such Inn is less than ten (10) years andyears, upon Owner's request, and Manager fails to agree to extend the such Inn Term to a date which is at least ten (10) years after the estimated date of the completion of such repair and/or replacement. If Owner Lessee has elected to obtain insurance under Section 11.05, Lessee shall be obligated to so repair or replace the damaged or destroyed portion of such Inn if the insurance proceeds that would have been available for such repair or replacement had the insurance been procured by Manager under Section 11.01, are greater than or equal to ninety percent (90%) of the estimated repair and replacement costs. If Lessee elects not to repair or replace said damaged portion of the such Inn for one or more of the foregoing reasons, it shall so notify Manager by written notice within ninety (90) days after the date of the casualty.

Damage and Repair. A. If, during the Termterm hereof, the any Inn is damaged or destroyed by fire, casualty or other cause, Owner shall, at its cost and expense and with all reasonable diligence, repair or replace the damaged or destroyed portion of the such Inn to the same condition as existed previously and Manager shall have the right to discontinue operating the Inn to the extent it deems necessary to comply with applicable law, ordinance, regulation or order or as necessary for the safe and orderly operation of the Innpreviously. To the extent available, proceeds from the insurance described in this Agreement Section 12.01 shall be applied to such repairs or replacements. Notwithstanding the foregoingHowever, Owner shall not be obligated to so repair or replace the damaged or destroyed portion of the such Inn if one or more of the following is true: (i) the Inn is so badly damaged or destroyed that it cannot reasonably be repaired or replaced within eighteen one (181) months year of the date on which of the construction work relating to the repair and/or replacement would begincasualty; (ii) with respect to insurance obtained by Manager under Section 6.01, the proceeds of such insurance available for such repair or replacement are less than ninety percent (90%) of the estimated repair and replacement costs; or (iii) the remainder of the Inn Term with respect to such Inn is less than ten (10) years andyears, upon Owner's request, Manager and Management Company fails to agree to extend the such Inn Term to a date which is at least ten (10) years after the estimated date of the completion of such repair and/or replacement. If Owner elects not to repair or replace said damaged portion of the such Inn for one or more of the foregoing reasons, it shall so notify Manager Management Company by written notice within ninety (90) days after the date of the casualty. If Owner does not so notify Management Company, Owner shall promptly commence and complete the repairing, rebuilding or replacement of the same so that the Inn shall be substantially the same as it was prior to such damage or destruction.

Damage and Repair. A. If, during the Termterm hereof, any of the Inn Inns is damaged or destroyed by fire, casualty or other cause, Owner Lessee shall, at its cost and expense and with all reasonable diligence, repair or replace the damaged or destroyed portion of the such Inn to the same condition as existed previously and Manager shall have the right right, in its discretion, to discontinue operating all or part of the affected Inn to the extent it deems necessary to comply with applicable law, ordinance, regulation or order or as necessary for the until such Inn can be operated in a safe and orderly operation of the Innmanner. To the extent available, proceeds from the insurance described in this Agreement Section 11.01 shall be applied to such repairs or replacements. Notwithstanding the foregoingHowever, Owner Lessee shall not be obligated to so repair or replace the damaged or destroyed portion of the such Inn if one or more of the following is true: (i) the Inn is so badly damaged or destroyed that it cannot reasonably be repaired or replaced within eighteen one (181) months year of the date on which the construction work relating to the repair and/or replacement would begin; (ii) with respect to insurance obtained by Manager under Section 6.01, the proceeds of such insurance available for such repair or replacement are less than ninety percent (90%) of the estimated repair and replacement costs; or (iii) the remainder of the Inn Term with respect to such Inn is less than ten (10) years andyears, upon Owner's request, and Manager fails to agree to extend the such Inn Term to a date which is at least ten (10) years after the estimated date of the completion of such repair and/or replacement. If Owner Lessee elects not to repair or replace said damaged portion of the such Inn for one or more of the foregoing reasons, it shall so notify Manager by written notice within ninety one hundred and eighty (90180) days after the date of the casualty. If Lessee does not so notify Manager, Lessee shall promptly cause to be commenced and completed the repairing, rebuilding or replacement of the same so that the Inn shall be substantially the same as it was prior to such damage or destruction.

Damage and Repair. A. If, during the Termterm hereof, any of the Inn Inns is damaged or destroyed by fire, casualty or other cause, Owner shall, at its cost and expense and with all reasonable diligence, repair or replace the damaged or destroyed portion of the such Inn to the same condition as existed previously and Manager shall have the right to discontinue operating the Inn to the extent it deems necessary to comply with applicable law, ordinance, regulation or order or as necessary for the safe and orderly operation of the Innpreviously. To the extent available, proceeds from the insurance described in this Agreement Section 11.01 shall be applied to such repairs or replacements. Notwithstanding the foregoingHowever, Owner shall not be obligated to so repair or replace the damaged or destroyed portion of the such Inn if one or more of the following is true: (i) the Inn is so badly damaged or destroyed that it cannot reasonably be repaired or replaced within eighteen one (181) months year of the date on which the construction work relating to the repair and/or replacement would begin; (ii) with respect to insurance obtained by Manager under Section 6.01, the proceeds of such insurance available for such repair or replacement are less than ninety percent (90%) of the estimated repair and replacement costs; or (iii) the remainder of the Inn Term with respect to such Inn is less than ten (10) years andyears, upon Owner's request, and Manager fails to agree to extend the such Inn Term to a date which is at least ten (10) years after the estimated date of the completion of such repair and/or replacement. If Owner elects not to repair or replace said damaged portion of the such Inn for one or more of the foregoing reasons, it shall so notify Manager by written notice within ninety (90) days after the date of the casualty.

Damage and Repair. A. If, during the Termterm hereof, any of the Inn Hotels is damaged or destroyed by fire, casualty or other cause, Owner shall, at its cost and expense and with all reasonable diligence, repair or replace the damaged or destroyed portion of the Inn such Hotel to the same condition as existed previously and Manager shall have the right to discontinue operating the Inn to the extent it deems necessary to comply with applicable law, ordinance, regulation or order or as necessary for the safe and orderly operation of the Innpreviously. To the extent available, proceeds from the insurance described in this Agreement Section 11.01 shall be applied to such repairs or replacements. Notwithstanding the foregoingHowever, Owner shall not be obligated to so repair or replace the damaged or destroyed portion of the Inn such Hotel if one or more of the following is true: (i) the Inn Hotel is so badly damaged or destroyed that it cannot reasonably be repaired or replaced within eighteen one (181) months year of the date on which of the construction work relating to the repair and/or replacement would begincasualty or such later date as is covered by business interruption insurance described under Article XI; (ii) with respect to insurance obtained by Manager under Section 6.01, the proceeds of such insurance available for such repair or replacement are less than ninety ninety-five percent (9095%) of the estimated repair and replacement costs; or (iii) the uninsured loss is greater than $50,000, the remainder of the Hotel Term with respect to such Hotel is less than ten (10) years andyears, upon Owner's request, Manager and Management Company fails to agree to extend the such Hotel Term to a date which is at least ten (10) years after the estimated date of the completion of such repair and/or replacement. If Owner elects not to repair or replace said damaged portion of the Inn such hotel for one or more of the foregoing reasons, it shall so notify Manager Management Company by written notice within ninety (90) days after the date of the casualty. If Owner does not so notify Management Company, Owner shall promptly commence and complete the repairing, rebuilding or replacement of the same so that the Hotel shall be substantially the same as it was prior to such damage or destruction.