Damage, Destruction, Condemnation. Resident shall immediately report to Landlord all fires, accidents, injuries and property damage occurring in the Unit and, if involving or known to Resident, elsewhere at the Facility. If, during the Contract Term, the Bedroom or the Unit is damaged or destroyed by fire or other casualty, then, at Landlord’s option: (a) the Bedroom or the Unit shall be promptly restored and repaired by Landlord and any Monthly Installments for the period that the Bedroom or the Unit is uninhabitable by Resident shall xxxxx, unless and to the extent Landlord provides Resident with a comparable alternative living space, in which event Monthly Installments will not be abated, (b) Landlord may terminate this Contract by so notifying Resident, in which event the Monthly Installments shall cease to accrue as of the date of such damage or destruction, or (c) Landlord may relocate Resident to another bedroom or unit within the Facility or a comparable facility. Notwithstanding the foregoing, Resident shall not be excused from paying Monthly Installments, Additional Fees, or other sums due under this Contract if the damage or destruction to the Bedroom or the Unit is caused by Resident or any guest of Resident. If the Unit or the Facility is condemned, this Contract shall terminate on the date Landlord tenders possession of the Unit or the Facility to the condemning authority. All condemnation damages shall be the property of Landlord.
Damage, Destruction, Condemnation. To the extent that the Master Lease gives Sublessor any rights following the occurrence of any damage, destruction or condemnation to terminate the Master Lease, to repair or restore the Sublease Premises, to contribute toward such repair or restoration costs to avoid termination, to obtain and utilize insurance or condemnation proceeds to repair or restore the Sublease Premises, or any similar rights, such rights shall be reserved to and exercisable solely by Sublessor, in its sole and absolute discretion, and not by Sublessee. The exercise of any such right by Sublessor shall under no circumstances constitute a default or breach under this Sublease or subject Sublessor to any liability therefor.
Damage, Destruction, Condemnation. The termination of this Lease by reason of damage to or the destruction or condemnation of the Facilities as provided in Section 5.3(c) of this Lease.
Damage, Destruction, Condemnation. (a) If all or any part of the Subleased Premises or any other part of the Building shall be damaged by fire or other casualty or be condemned or taken in any manner for a public or quasi - public use, then (i) Sublessor shall not be required by this Sublease to repair, restore or rebuild the same, (ii) the parties acknowledge that Landlord shall be required to repair, restore or rebuild the same to the extent provided in the Prime Lease, and (iii) if by reason of any such fire or other casualty or condemnation Sublessor shall receive an abatement of rent or additional rent relating directly to the Subleased Premises, there shall be a corresponding abatement of Base Rent or additional rent payable hereunder in proportion to the percentage of the abatement of Base Rent and Additional Rent Sublessor receives under the Prime Lease in respect of the Subleased Premises.
(b) If the Prime Lease shall be terminated by either party thereto pursuant to Article 11 thereof, Sublessor shall promptly deliver written notice thereof to Sublessee and this Sublease shall terminate on and as of the same date, without any liability of either party to the other on account thereof
(c) If the Prime Lease shall terminate or be terminated (by either party thereto) pursuant to Article 24 thereof, Sublessor shall promptly deliver written notice thereof to Sublessee and this Sublease shall terminate on and as of the same date, without liability of either party to the other on account thereof.
(d) Except as provided in subsection (g) hereto, this Sublease shall not terminate by reason of any casualty or condemnation unless the Prime Lease is terminated by Sublessor or Landlord pursuant to the terms of the Prime Lease.
(e) If any part of the Building shall be lawfully taken by condemnation or in any other manner for any public or quasi-public use or purpose and this Sublease shall not terminate pursuant to Section 36(c) hereof, then
(i) this Sublease shall continue in full force and effect except as provided below, and
(A) if all of the Subleased Premises shall be so taken, then this Sublease shall terminate, without liability of either party to the other on account thereof, and (B) if any part, but not all, of the Subleased Premises shall be so taken then (i) on the date of such taking this Sublease shall terminate as to such part of the Subleased Premises, without liability of either party with respect to such part on account thereof, and (ii) from and after such date, the rents hereu...
Damage, Destruction, Condemnation. The provisions of Article VI of the Lease shall govern with respect to any damage, destruction or condemnation of the Leased Property during the term of this Site Agreement.
Damage, Destruction, Condemnation. In the event the Unit or the Building is damaged or destroyed by fire or any other casualty regardless of the cause or is condemned or taken by any governmental authority, PRI shall have the right to terminate this Agreement without any consideration or damages payable to Student. Any consideration, awards, insurance proceeds, etc. paid related to such event shall belong solely to PRI and Student waives any rights thereto. If PRI elects to repair such damage and restore the Building, this Agreement shall remain in full force and effect.
Damage, Destruction, Condemnation. Resident shall immediately report to Landlord all fires, accidents, injuries and property damage occurring in the Unit and, if involving or known to Resident, elsewhere at the Facility. If, during the Contract Term, the Bedroom or the Unit is damaged or destroyed by fire or other
Damage, Destruction, Condemnation. If the Master Lease terminates as a result of a casualty or condemnation, this Sublease shall terminate as well. In the event that the Subleased Premises are damaged, destroyed, or subject to a taking by condemnation and the rent for the space within the Subleased Premises is abated under the Master Lease, the rent under this Sublease shall be proportionately abated.
Damage, Destruction, Condemnation. This Agreement shall not have been terminated by Buyer as a result of any damage, destruction or condemnation of the Property as described in Section 23 hereof (and except as otherwise therein disclosed).
Damage, Destruction, Condemnation. (a) In the event of any damage to or loss or destruction of any Property, the Borrower shall (i) promptly notify the Agent of such event and take such steps as shall be necessary to preserve any undamaged portion of such Property and (ii) if no Event of Default has occurred and is continuing, at the Borrower's election (subject to the requirements of clause (b) of this Section 5.6), or if an Event of Default has occurred and is continuing, at the Agent's election, either (x) commence and diligently pursue to completion the restoration, replacement and rebuilding of such Property as nearly as possible to its value, condition and character immediately prior to such damage, loss or destruction and in accordance with plans and specifications reasonably approved by the Agent, and apply the Net Proceeds of any insurance award thereto, or (y) apply the Net Proceeds of any insurance award to prepay the Loans (without premium or penalty).
(b) In the event that any portion of any Property is so damaged, destroyed or lost, and such damage, destruction or loss is covered, in whole or in part, by insurance described in Section 5.5, then, (i) if no Event of Default has occurred and is continuing and the amount of Net Proceeds received (or reasonably anticipated by the Borrower to be received) in connection with such damage, destruction or loss is less than $50,000,000, then the Borrower may retain such Net Proceeds and, at the Borrower's option, apply such Net Proceeds to the restoration, replacement or rebuilding, in whole or in part, of the portion of such Property so damaged, destroyed or lost or to prepayment of the Loans, provided, however, that the Borrower shall be required to apply such Net Proceeds to the prepayment of the Loans (x) if the Borrower shall have failed to commence the restoration, replacement or rebuilding, in whole or in part, of the portion of such Property so damaged, destroyed or lost within six months following the receipt of such Net Proceeds or (y) if the Borrower shall cease to be diligently continuing such restoration, replacement or rebuilding, in the case of each of (x) and (y), subject to force majeure; or (ii) if no Event of Default has occurred and is continuing and the amount of Net Proceeds received (or reasonably anticipated by the Borrower to be received) in connection with such damage, destruction or loss is $50,000,000 or greater, then the Borrower shall cause such Net Proceeds to be deposited in a segregated account at a bank ...
