Common use of Damage or Destruction of Stadium Clause in Contracts

Damage or Destruction of Stadium. If the Premises, or any portion of the Premises, is damaged or destroyed or otherwise is in a condition such that it does not meet the Facility Standard as a result of a Casualty, then StadCo shall use commercially reasonable efforts to promptly secure the area of damage or destruction to safeguard against injury to Persons or Property and, thereafter, remediate any hazard and restore the Premises to a safe condition, whether by repair or demolition, removal of debris and screening from public view and shall thereafter promptly, diligently, and expeditiously have the Premises repaired and restored to bring the Premises up to the Facility Standard and in compliance with NFL Rules and Regulations (the “Casualty Repair Work”) as soon as reasonably possible at StadCo’s cost and expense. With respect to any Casualty Repair Work exceeding the cost of [ ] ($ ), the Authority shall have the right to (a) Approve the general contractor and lead architect, if any, selected by XxxxXx to perform the Casualty Repair Work, (b) Approve the terms of the contracts with the general contractor and lead architect, if any, selected by StadCo to perform the Casualty Repair Work, (c) Approve all contracts requiring payment greater than [ ] ($ ) recommended by StadCo to be entered into by StadCo for the Casualty Repair Work and (d) engage (at StadCo’s expense) an independent construction representative to review, the Casualty Repair Work. To the extent any Casualty Repair Work is not performed by StadCo’s employees, such Casualty Repair Work must be performed on an arm’s-length, bona fide basis by Persons who are not Affiliates of StadCo and on commercially reasonable terms given the totality of the then-existing circumstances.‌

Damage or Destruction of Stadium. If the Premises, or any portion of the Premises, is damaged or destroyed or otherwise is in a condition such that it does not meet the Facility Standard as a result of a Casualty, then StadCo shall use commercially reasonable efforts to promptly secure the area of damage or destruction to safeguard against injury to Persons or Property and, thereafter, remediate any hazard and restore the Premises to a safe condition, whether by repair or demolition, removal of debris and screening from public view and shall thereafter promptly, diligently, and expeditiously have the Premises repaired and restored to bring the Premises up to the Facility Standard to the extent permitted by Applicable Laws and in compliance with NFL Rules and Regulations (the “Casualty Repair Work”) as soon as reasonably possible at StadCo’s cost and expense. With respect to any Casualty Repair Work exceeding the cost of [ ] Twenty Million and No/100 Dollars ($ $20,000,000.00), the Authority shall have the right to (a) Approve the general contractor and lead architect, if any, selected by XxxxXx StadCo to perform the Casualty Repair Work, (b) Approve the terms of the contracts with the general contractor and lead lead‌ architect, if any, selected by StadCo to perform the Casualty Repair Work, (c) Approve all contracts requiring payment greater than [ ] Ten Million and No/100 Dollars ($ $10,000,000.00) recommended by StadCo to be entered into by StadCo for the Casualty Repair Work and (d) engage (at StadCo’s expense) an independent construction representative to review, review the Casualty Repair Work, the cost of such representative shall be shared equally between StadCo and the Authority. To the extent any Casualty Repair Work is not performed by StadCo’s or any Affiliate of StadCo’s employees, such Casualty Repair Work must be performed on an arm’s-length, bona fide basis by Persons who are not Affiliates of StadCo and on commercially reasonable terms given the totality of the then-existing circumstances.‌circumstances.

Damage or Destruction of Stadium. If the Premises, or any portion of the Premises, is damaged or destroyed or otherwise is in a condition such that it does not meet the Facility Standard as a result of a Casualty, then StadCo shall use commercially reasonable efforts to promptly secure the area of damage or destruction to safeguard against injury to Persons or Property and, thereafter, remediate any hazard and restore the Premises to a safe condition, whether by repair or demolition, removal of debris and screening from public view and shall thereafter promptly, diligently, and expeditiously have the Premises repaired and restored to bring the Premises up to the Facility Standard to the extent permitted by Applicable Laws and in compliance with NFL Rules and Regulations (the “Casualty Repair Work”) as soon as reasonably possible at StadCo’s cost and expense. With respect to any Casualty Repair Work exceeding the cost of [ ] Twenty Million and No/100 Dollars ($ $20,000,000.00), the Authority shall have the right to (a) Approve the general contractor and lead architect, if any, selected by XxxxXx to perform the Casualty Repair Work, (b) Approve the terms of the contracts with the general contractor and lead lead‌ architect, if any, selected by StadCo XxxxXx to perform the Casualty Repair Work, (c) Approve all contracts requiring payment greater than [ ] Ten Million and No/100 Dollars ($ $10,000,000.00) recommended by StadCo to be entered into by StadCo for the Casualty Repair Work and (d) engage (at StadCo’s expense) an independent construction representative to review, review the Casualty Repair Work, the cost of such representative shall be shared equally between StadCo and the Authority. To the extent any Casualty Repair Work is not performed by StadCo’s or any Affiliate of StadCo’s employees, such Casualty Repair Work must be performed on an arm’s-length, bona fide basis by Persons who are not Affiliates of StadCo and on commercially reasonable terms given the totality of the then-existing circumstances.‌circumstances.

Damage or Destruction of Stadium. If the Premises, or any portion of the Premises, is damaged or destroyed or otherwise is in a condition such that it does not meet the Facility Operating Standard as a result of a fire, explosion, earthquake, act of God, act of terrorism, civil commotion, flood, the elements or any other casualty (collective, “Casualty”), then StadCo shall use commercially reasonable efforts to promptly secure the area of damage or destruction to safeguard against injury to Persons or Property and, thereafter, remediate any hazard and restore the Premises to a safe condition, whether by repair or demolition, removal of debris and screening from public view and shall thereafter promptly, diligently, and expeditiously have the Premises repaired and restored to bring the Premises up to the Facility Operating Standard to the extent permitted by Applicable Laws and in compliance with NFL Rules and Regulations (the “Casualty Repair Work”) as soon as reasonably possible at StadCo’s cost and expense. With respect to any Casualty Repair Work exceeding the cost of [ ] Seven Million Five‌ Hundred Thousand and No/100 Dollars ($ $7,500,000.00), the Authority shall have the right to (a) Approve approve the general contractor and lead architect, if any, selected by XxxxXx to perform the Casualty Repair Work, and (b) Approve approve the terms of the contracts with the general contractor and lead architect, if any, selected by StadCo to perform the Casualty Repair Work, (c) Approve approve all contracts requiring payment greater than [ ] Seven Million Five Hundred Thousand and No/100 Dollars ($ $7,500,000.00) recommended by StadCo to be entered into by StadCo for the Casualty Repair Work and (d) engage (at StadCo’s expense) an independent construction representative to review, review the Casualty Repair Work. To , the extent any Casualty Repair Work is not performed by StadCo’s employees, cost of such Casualty Repair Work must representative shall be performed on an arm’s-length, bona fide basis by Persons who are not Affiliates of shared equally between StadCo and on commercially reasonable terms given the totality of the then-existing circumstances.‌Authority.

Damage or Destruction of Stadium. If the Premises, or any portion of the Premises, is damaged or destroyed or otherwise is in a condition such that it does not meet the Facility Standard as a result of a Casualty, then StadCo shall use commercially reasonable efforts to promptly secure the area of damage or destruction to safeguard against injury to Persons or Property and, thereafter, remediate any hazard and restore the Premises to a safe condition, whether by repair or demolition, removal of debris and screening from public view and shall thereafter promptly, diligently, and expeditiously have the Premises repaired and restored to bring the Premises up to the Facility Standard to the extent permitted by Applicable Laws and in compliance with NFL MLB Rules and Regulations (the “Casualty Repair Work”) as soon as reasonably possible at StadCo’s cost and expense, subject to the provisions of this Article 12. With respect to any Casualty Repair Work exceeding the cost of [ ] Twenty Five Million and No/100 Dollars ($ $25,000,000.00), the Authority shall have the right to (a) Approve the general contractor and lead architect, if any, selected by XxxxXx to perform the Casualty Repair Work, (b) Approve the terms of the contracts with the general contractor and lead architect, if any, selected by StadCo to perform the Casualty Repair Work, (c) Approve all contracts requiring payment greater than [ ] Ten Million and No/100 Dollars ($ $10,000,000.00) recommended by StadCo to be entered into by StadCo for the Casualty Repair Work Work, and (d) engage (at StadCo’s expense) an independent construction representative to review, review the Casualty Repair Work, the cost of such representative shall be shared equally between StadCo and the Authority. To the extent any Casualty Repair Work is not performed by StadCo’s or any Affiliate of StadCo’s employees, such Casualty Repair Work must be performed on an arm’s-arm’s- length, bona fide basis by Persons who are not Affiliates of StadCo and on commercially reasonable terms given the totality of the then-existing circumstances.‌circumstances.

Damage or Destruction of Stadium. If the Premises, or any portion of the Premises, is damaged or destroyed or otherwise is in a condition such that it does not meet the Facility Standard as a result of a Casualty, then StadCo shall use commercially reasonable efforts to promptly secure the area of damage or destruction to safeguard against injury to Persons or Property and, thereafter, remediate any hazard and restore the Premises to a safe condition, whether by repair or demolition, removal of debris and screening from public view and shall thereafter promptly, diligently, and expeditiously have the Premises repaired and restored to bring the Premises up to the Facility Standard to the extent permitted by Applicable Laws and in compliance with NFL Rules and Regulations (the “Casualty Repair Work”) as soon as reasonably possible at StadCo’s cost and expense. With respect to any Casualty Repair Work exceeding the cost of [ ] Twenty Million and No/100 Dollars ($ $20,000,000.00), the Authority shall have the right to (a) Approve the general contractor and lead architect, if any, selected by XxxxXx StadCo to perform the Casualty Repair Work, (b) Approve the terms of the contracts with the general contractor and lead architect, if any, selected by StadCo to perform the Casualty Repair Work, (c) Approve all contracts requiring payment greater than [ ] Ten Million and No/100 Dollars ($ $10,000,000.00) recommended by StadCo to be entered into by StadCo for the Casualty Repair Work and (d) engage (at StadCo’s expense) an independent construction representative to review, review the Casualty Repair Work, the cost of such representative shall be shared equally between StadCo and the Authority. To the extent any Casualty Repair Work is not performed by StadCo’s or any Affiliate of StadCo’s employees, such Casualty Repair Work must be performed on an arm’s-length, bona fide basis by Persons who are not Affiliates of StadCo and on commercially reasonable terms given the totality of the then-existing circumstances.‌circumstances.

Damage or Destruction of Stadium. If the Premises, or any portion of the Premises, is damaged or destroyed or otherwise is in a condition such that it does not meet the Facility Standard as a result of a Casualty, then StadCo shall use commercially reasonable efforts to promptly secure the area of damage or destruction to safeguard against injury to Persons or Property and, thereafter, remediate any hazard and restore the Premises to a safe condition, whether by repair or demolition, removal of debris and screening from public view and shall thereafter promptly, diligently, and expeditiously have the Premises repaired and restored to bring the Premises up to the Facility Standard to the extent permitted by Applicable Laws and in compliance with NFL Rules and Regulations (the “Casualty Repair Work”) as soon as reasonably possible at StadCo’s cost and expense. With respect to any Casualty Repair Work exceeding the cost of [ ] Twenty Million and No/100 Dollars ($ $20,000,000.00), the Authority shall have the right to (a) Approve the general contractor and lead architect, if any, selected by XxxxXx StadCo to perform the Casualty Repair Work, (b) Approve the terms of the contracts with the general contractor and lead architect, if any, selected by StadCo to perform the Casualty Repair Work, (c) Approve all contracts requiring payment greater than [ ] Ten Million and No/100 Dollars ($ $10,000,000.00) recommended by StadCo to be entered into by StadCo for the Casualty Repair Work and (d) engage (at StadCo’s expense) an independent construction representative to review, review the Casualty Repair Work, the cost of such representative shall be shared equally between StadCo and the Authority. To the extent any Casualty Repair Work is not performed by StadCo’s or any Affiliate of StadCo’s employees, such Casualty Repair Work must be performed on an arm’s-length, bona fide basis by Persons who are not Affiliates of StadCo and on commercially reasonable terms given the totality of the then-existing circumstances.‌