Damage and Restoration. In the event the whole or any part of the Improvements shall be damaged or destroyed by fire or other casualty, damage or action of the elements which is fully covered by insurance required to be carried by Tenant pursuant to this Lease or in fact caused by Tenant, at any time during the Term, Tenant shall with all due diligence, at Tenant’s sole cost and expense, repair, restore and rebuild the Improvements on substantially the same plan and design as existed immediately prior to such damage or destruction and to substantially the same condition that existed immediately prior to such damage, with any changes made by Tenant to comply with then applicable Laws and with any upgrades or improvements that Tenant may determine in its reasonable discretion. If Tenant desires to change the use of the Premises following such casualty, then Tenant may make appropriate changes to the Premises to accommodate such changed use after approval of such change of use by the Lessor pursuant to Article IV above. This Article shall not apply to cosmetic damage or alterations. In the event that Tenant shall determine, subject to the rights of the Leasehold Mortgagees and Limited Partner, if applicable, by notice to the Lessor given by the later of ninety (90) days after the date of the damage or destruction or thirty (30) days after receipt by Tenant of any such insurance proceeds, that there are not adequate proceeds to restore the Improvements and/or the Premises to substantially the same condition in which they existed prior to the occurrence of such damage or destruction, then Tenant may terminate this Lease as of a date that is not less than thirty (30) days after the date of such notice. Notwithstanding Section 17.9, if Tenant terminates this Lease pursuant to this Section 7.1, Tenant shall surrender possession of the Premises to the Lessor immediately and assign to the Lessor (or, if same has already been received by Xxxxxx, pay to the Lessor) all of its right, title and interest in and to the proceeds from Tenant’s insurance upon the Premises.
Damage and Restoration. In the event the whole or any part of the Improvements shall be damaged or destroyed by fire or other casualty, damage or action of the elements which is covered by insurance required to be carried by Tenant pursuant to this Lease or in fact caused by Tenant, at any time during the Term, Tenant shall with all due diligence, at Tenant’s sole cost and expense, repair, restore and rebuild the Improvements on substantially the same plan and design as existed immediately prior to such damage or destruction and to substantially the same condition that existed immediately prior to such damage, with any changes made by Tenant to comply with then applicable Laws and with any upgrades or improvements that Tenant may determine in its reasonable discretion. If Tenant desires to change the use of the Premises following such casualty, then Tenant may make appropriate changes to the Premises to accommodate such changed use after approval of such change of use by the County pursuant to Article IV above. This Article shall not apply to cosmetic damage or alterations.
Damage and Restoration. (a) If all or any part of the Mortgaged Property shall be damaged or destroyed, or if title to or the temporary use of the whole or any part of the Mortgaged Property shall be taken or condemned by a governmental authority for any public use or purpose, there shall be no abatement or reduction in the amounts payable by the Mortgagor hereunder or under the Note, and the Mortgagor shall continue to be obligated to make such payments.
(b) Nothing in this Section 8 shall relieve the Mortgagor of its duty to repair, restore, rebuild or replace the Mortgaged Property following damage or destruction by fire or other casualty in the event that no or inadequate proceeds of insurance are available to defray the cost of such repairing, restoring, rebuilding or replacement.
Damage and Restoration. 13.1. In the event of any damage by the Licensee or any of its representatives; including, but not limited to; employees, contractors, volunteers, program spectators, guests and participants, the Licensee shall be responsible for restoring the Property or any other damaged area to its pre-existing condition prior to the damage.
Damage and Restoration. Subject to the provisions of Section 19.5, if, at any time after the Commencement Date and during the Term, all or any part of the Premises or Improvements are damaged or destroyed by any cause (“Casualty”), Lessee shall, at Lessee’s sole expense, repair, restore and reconstruct the Premises and Improvements to substantially the same condition that existed immediately prior to the Casualty in substantial conformance with the Final Plans (as may be modified pursuant to this Lease), subject to any changes necessary to comply with then applicable Laws and with any upgrades or improvements proposed by Lessee and reasonably approved by County. All such work shall be promptly constructed in a good and workmanlike manner according to and in conformance with all Laws and the requirements of this Lease. 54
Damage and Restoration. For your guidance, in this Catalogue we have not made reference to any defects, cracks and restoration. Condition Reports are available on request and listed online. Such practicable descriptions of damage cannot be definitive, and in providing Condition Reports, we cannot guarantee that there are no other defects present which have not been mentioned. Bidders should satisfy themselves by inspection, as to the condition of each Lot. Please see the Contract for Sale printed in the Catalogue. Because of the difficulty in determining whether an item of glass has been repolished, in the Catalogue reference is only made to visible chips and cracks. No mention is made of re-polishing, severe or otherwise.
Damage and Restoration. If the Premises or any Building Systems or common areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently restore the Premises and such Building Systems and common areas at Landlord’s expense, and not as a part of Operating Expenses. Such restoration shall be to substantially the condition that existed prior to the casualty, except for modifications required by zoning and building codes and other laws, or by the holder of a Mortgage on the Building, and any other modifications to the common areas deemed desirable by Landlord (provided access to the Premises and any common rest rooms serving the Premises is not materially impaired). Landlord shall not be required to repair or replace any of Tenant’s furniture, furnishing, fixtures or equipment, or any Alterations or Tenant Improvements not originally installed or constructed by Landlord at its expense. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof, except that Landlord shall allow Tenant a proportionate abatement of Rent during the time and to the extent the Premises are unfit for occupancy by Tenant as a result thereof; provided, if the Premises or any other portion of the Building is damaged by fire or other casualty caused in whole or in part by Tenant or any of Tenant’s agents, contractors, employees, or visitors, Rent shall not be so abated.
Damage and Restoration. 10.1 Damage and Destruction of the Premises
10.2 Damage or Destruction of Development
10.3 Tenant’s Work
10.4 Limitation of Obligations
10.5 Damage or Destruction at End of Term 10.6 Waiver
Damage and Restoration. 10.1 Damage and Destruction of the Premises 12 10.2 Damage or Destruction of Development 12 10.3 Tenant’s Work 13 10.4 Limitation of Obligations 13 10.5 Damage or Destruction at End of Term 13 10.6 Waiver 13 00 Xxxxx Xxxx Defined 13 12.1 Definition 13 12.2 Total Taking 13 12.3 Partial Taking of Premises 13 12.4 Common Area Taking 13 12.5 Repair and Restoration 14 12.6 Award 14 12.7 Waiver 14
13.1 Indemnification and Waivers 14 (a) Indemnity 14 (b) Waivers 15 (c) Definitions 15 (d) Scope of Indemnities and Waivers 15 (e) Duty to Defend 15 (f) Obligations Independent of Insurance 15 (g) Waiver of Immunity 15 (h) Survival 16
Damage and Restoration. 11.1. In the event of any damage by the Licensee or its contractors, agents, players, coaches, umpires, volunteers, arising out of the Licensee’s use of the Properties, the Licensee shall be responsible for restoring the Properties or any surrounding damaged area to its condition prior to the use of the Property by Licensee.
11.2. If the Properties or any part thereof shall be damaged or destroyed by fire, hurricane, flood or other casualty as to render the Properties unusable by either party for a consecutive period of more than thirty (30) days, either Town or Licensee may terminate this Agreement by giving fourteen
