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 District 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 Section 4 of Exhibit F, by notice to the District 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 District immediately and assign to the District (or, if same has already been received by Xxxxxx, pay to the District) 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. 52
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. 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. Unless otherwise provided by Town rules, regulations, and ordinances, whenever the removal or relocation of Equipment is required or permitted under this Agreement, and such removal or relocation causes the Public Right-of-Way to be damaged, or whenever Company, in connection with any of its operations, causes damage to the Public Right of Way or any other Town property, the Company, at its sole cost and expense, and within thirty (30) days after such damage occurs, repair the damage and return the Public Right-of-Way in which the Equipment is located to a safe and satisfactory condition in accordance with Applicable Law. If the damage is determined by the Town to be impacting the public health and safety, the Town may perform or cause to be performed such reasonable and necessary repairs on behalf of the Company and to charge the Company for the proposed costs to be incurred or the actual costs incurred by the Town. If the Company does not repair the damage as described herein, then the Town shall have the option, upon fifteen (15) days’ prior written notice to the Company, to perform or cause to be performed such reasonable and necessary work on behalf of the Company and to charge the Company for the proposed costs to be incurred or the actual costs incurred by the Town. Upon the receipt of a demand for payment by the Town, the Company shall promptly reimburse the Town for such costs within thirty (30) days. In the case of fire, disaster or other emergency impacting the public health and safety as solely determined by the Town, the Town . to the extent feasible as a result of any emergency, shall provide reasonable notice to the Company to remove or disconnect the Company’s Equipment located in the Public Right of Way or on any property of the Town. If the situation safely permits, the Town shall provide the Company with the opportunity to perform such action within twenty-four (24) hours unless, in the Town’s reasonable discretion, the imminent threat to public health safety or welfare makes such notice impractical.
Damage and Restoration. If the Premises are damaged by -------------------------------------- fire or other casualty, the provisions of the Prime Lease shall be applicable, except that the term "Tenant" as used therein shall be deemed to refer to SubTenant and the term "Premises" as used therein shall be deemed to refer to the Premises as defined herein.
Damage and Restoration. In the event that any of the Properties are damaged in any way as a result of Purchaser’s or its agents’ entry upon or activities performed at the Properties, Purchaser shall promptly restore such Properties to their condition existing prior to the commencement of such activities, excluding the disturbance of any hazardous or dangerous conditions as a result of the discovery thereof. All such remedial activity shall be promptly and diligently performed by Purchaser at its cost and in a commercially reasonable manner. Purchaser shall indemnify and hold Seller harmless from any loss, cost, damage, liability, and/or expense (including reasonable attorney’s fees) (collectively “Losses”) resulting or arising from (i) any remedial activity required pursuant to this clause (d), (ii) any damage that occurs to a Property as the result of the Inspections, (iii) Purchaser’s failure to comply with its obligations set forth in this Section 4.1, (iv) any negligent acts or willful misconduct by Purchaser or any of its agents, representatives or contractors with respect to performing the Inspections pursuant to this Section 4.1, or (v) and injury suffered or caused by Purchaser or any of its agents, representatives or contractors in the performance of the Inspections. Purchaser’s obligations under this Section 4.1(d) will survive any termination of this Agreement. Notwithstanding the foregoing, Purchaser shall not be responsible for and the indemnification set forth above shall not apply to any Losses to the extent solely caused by Seller, its agents, employees, tenants or contractors, the mere discovery of hazardous or dangerous conditions existing at the Properties prior to Purchaser or its agents entering on the Properties, or for any consequential, speculative or punitive damages or lost profits, but shall cover any actual loss of rents to the extent not covered by Seller’s rent loss insurance.
