Common use of DAMAGE OR DESTRUCTION OF BUILDING Clause in Contracts

DAMAGE OR DESTRUCTION OF BUILDING. 10.1 Right to Terminate In the event the Building is damaged to such an extent that the Licensee is unable to effectively exercise its rights pursuant to the license granted by the Owner under this Agreement, the Owner, at its sole option and expense, may attempt to repair such damage within one hundred eighty (180) days. In the event the Owner elects not to repair the damage within one hundred eighty (180) days, the Licensee shall have the right to terminate this Agreement upon providing thirty (30) days’ prior written notice to the Owner, in which event the Licensee shall remove the Licensee’s Equipment in accordance with the provisions of section 9.3 of this Agreement. The Licensee shall have no obligation to pay the License Fee or any other amounts under this Agreement during the thirty (30) day notice period, and the portion of the License Fee paid by the Licensee in advance shall be refunded by the Owner to the Licensee on a pro-rated basis to the date of damage to the Building.

Appears in 7 contracts

Samples: Telecommunications License Agreement, Telecommunications License Agreement, Telecommunications License Agreement

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DAMAGE OR DESTRUCTION OF BUILDING. 10.1 Right to Terminate In the event the Building is damaged to such an extent that the Licensee is unable to effectively exercise its rights pursuant to the license granted by the Owner Licensor under this Agreement, the OwnerLicensor, at its sole option and expense, may attempt to repair such damage within one hundred eighty (180) days. In the event the Owner Licensor elects not to repair the damage within one hundred eighty (180) days, the Licensee shall have the right to terminate this Agreement upon providing thirty (30) days’ days prior written notice to the OwnerLicensor, in which event the Licensee shall remove the Licensee’s Equipment in accordance with the provisions of section 9.3 9.4 of this Agreement. The Licensee shall have no obligation to pay the License Fee or any other amounts under this Agreement during the thirty (30) day notice period, and the portion of the License Fee paid by the Licensee in advance shall be refunded by the Owner Licensor to the Licensee on a pro-rated basis to the date of damage to the Building.

Appears in 2 contracts

Samples: Telecommunications License Agreement, Telecommunications License Agreement

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DAMAGE OR DESTRUCTION OF BUILDING. 10.1 Right to Terminate In the event the Building is damaged to such an extent that the Licensee is unable to effectively exercise its rights pursuant to the license granted by the Owner under this Agreement, the Owner, at its sole option and expense, may attempt to repair such damage within one hundred eighty (180) days. In the event the Owner elects not to repair the damage within one hundred eighty (180) days, the Licensee shall have the right to terminate this Agreement upon providing thirty (30) days’ prior written notice to the Owner, in which event the Licensee shall remove the Licensee’s Equipment in accordance with the provisions of section 9.3 of this Agreement. The Licensee shall have no obligation to pay the License Fee or any other amounts under this Agreement during the thirty (30) day notice period, and the portion of the License Fee paid by the Licensee in advance shall be refunded by the Owner to the Licensee on a pro-rated pro‐rated basis to the date of damage to the Building.

Appears in 1 contract

Samples: Telecommunications License Agreement

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