Damage Caused by Company. In the event that due to the negligence or willful act or omission of Company, its employees, its agents, or licensees, the Demised Premises shall be damaged or destroyed by fire, other casualty or otherwise, there shall be no abatement of rents during the repair or replacement of said Demised Premises. Notwithstanding anything to the contrary, the Company shall be responsible for any costs of repairs that exceed the amount of any insurance proceeds payable to Authority by reason of any such damage or destruction.
Damage Caused by Company. Company shall exercise commercially reasonable precautions to avoid damage to facilities of City and of others supported on said Poles and hereby assumes all responsibility for any and all loss for such damage caused by Company. Company shall make a prompt written report to City of the occurrence of any such damage and xxxxxx agrees to reimburse City and such others for the reasonable expense incurred in making repairs. In case of any disturbance of pavement, sidewalk, driveway or other surface or damages to City’s structures, rights-of-way and facilities caused by the Company’s operations and activities, the Company shall, at no cost to City and in a manner approved by the City, replace and restore all paving, sidewalk, driveway, or surface of any street or alley disturbed, in as good or better condition as before said work was commenced, reasonable wear and tear excepted, and in accordance with the Specifications. However, should Company fail to complete restoration within thirty (30) days after notice in writing to said Company by City, City may make such repair and restoration, and the cost of the same shall be paid by Company. Company shall warrant all work done to repair all streets and other property when Company has damaged pavement, sidewalks, or other structures. Upon detection by Company or upon request of the City, Company shall at no cost to City repair sunken patches, trenches, or make other repairs that become necessary because of excavation or other work done by Company at any time during this Agreement.
