Damage to Improvements. The Improvements are substantially damaged or destroyed by fire or other casualty and Lender determines that the Improvements cannot be restored in accordance with the terms and provisions of this Agreement and the Mortgage.
Damage to Improvements. At any time prior to the issuance of a certificate of occupancy or completion therefor, any of the Improvements are substantially damaged or destroyed by fire or other casualty and the Agent determines in good faith that such Improvements cannot be restored and completed in accordance with the terms and provisions of the Deed of Trust unless the Borrower excludes the affected Eligible Project from the calculation of the Borrowing Base.
Damage to Improvements. At any time the Improvements are substantially damaged or destroyed by fire or other casualty and the Lender determines in good faith that the Improvements cannot be restored and completed in accordance with the terms and provisions of the Deed of Trust.
Damage to Improvements. If any Improvement is damaged or destroyed, the Owner shall promptly (but in no event more than Twelve (12) months after the date of the casualty) restore such Improvement to the condition existing prior to such damage or destruction or, in the alternative, raze and remove such Improvement and landscape the Building Site pursuant to a landscaping plan approved as provided in Section V hereof.
Damage to Improvements. If any damage occurs to the Tenant's improvements in the Property, the Tenant covenants to repair such damage or replace the damaged improvements, as applicable, all to a standard specified by the Landlord acting reasonably, and the Tenant covenants to utilize for that purpose the proceeds of the insurance referenced in subparagraph 5.15(ii) if they are made available by the Landlord for that purpose.
Damage to Improvements. 71 SECTION 9.13 MECHANIC'S LIEN.......................................................................71 SECTION 9.14
Damage to Improvements. (a) Subject to the terms and conditions of Master Ground Lease and subject to the other terms of this Sublease, in the event any portions of the Facilities is damaged by fire or otherwise, regardless of the extent of such damage or destruction, within ninety (90) days following the date of such damage or destruction, Subtenant shall commence the work of repair, reconstruction or replacement of the damaged or destroyed building or improvement and prosecute the same with reasonable diligence to completion, so that the Facilities shall, at the sole expense of Subtenant, be restored to substantially the same size, function and value as the Facilities existing prior to the damage; provided, however, that if any available insurance proceeds (after payment of all or any portion of such insurance proceeds towards amounts owed under any Permitted Mortgage) are insufficient, in the reasonable judgment of Subtenant, to permit restoration in accordance with the terms of this Sublease, or if payment of the insurance proceeds is contested or not settled promptly for any reason, then Sublessor shall grant an appropriate extension of the time for commencing repairs to allow Subtenant to obtain reasonable replacement financing or to obtain the insurance proceeds. If Subtenant shall in good faith be unable to (i) obtain reasonable replacement financing to restore the Facilities to substantially the same size, function, and value as the Facilities existing prior to the damage or (ii) obtain the insurance proceeds, then Subtenant may terminate this Sublease by Notice to Sublessor. In the event of termination under this Section 9.05, this Sublease shall terminate ten (10) days after the date of such Notice with the same force and effect as is such date were the date herein fixed for the expiration of the Term, and the Rent shall be apportioned and paid to the time of such termination. Sublessor shall have no claim to any portion of the insurance proceeds paid as a consequence of casualty affecting the Facilities.
(b) Anything in this Sublease to the contrary notwithstanding, in the event of a fire or other casualty to the Improvements during the last five (5) years of the Term hereof, resulting in damage or destruction, the cost for repair of which exceeds fifty percent (50%) of the appraised value of the Base Building Improvements (which cost of repair and appraised value shall be determined by an M.A.I. Appraiser in accordance with the procedure set forth in Article XVIII), ...
Damage to Improvements. 84 SECTION 9.19
Damage to Improvements. 9.1 In the event of damage by fire or otherwise to any Building on the Leased Land, Tenant may repair and restore the same or, if Tenant so elects, demolish all or any portion of the Building instead of repairing and restoring the Building. All insurance money recovered by the Tenant may be used for repairing, restoration or demolition and any insurance proceeds not used for such purpose shall be paid to Tenant.
9.2 No damage or destruction to the Building or any other improvements on the Leased Land shall reduce or axxxx the rental due and payable under this Lease by Tenant or cause a termination of this Lease or Tenant’s obligations hereunder.
Damage to Improvements. If Xxxxxx’s improvements on the Premises are damaged or destroyed, Lessee will cause the improvements to be repaired or rebuilt, and restored to normal function within two years following the damage or destruction. If the Lessee fails to timely rebuild or restore the improvements, the City may, at its sole discretion, either reduce the term of this Lease commensurate with the estimated value of the Lessee’s remaining, fully functional improvements on the Premises, or cancel this Lease.
