DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS Sample Clauses

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. CONTRACTOR shall be responsible for any damage caused by CONTRACTOR, or CONTRACTOR’s employees or Contractors to Airport facilities, including but not limited to roadways, access roads, PARCS equipment, signs, and parking spaces. Should such damage require immediate repairs or replacement and CONTRACTOR is unable to respond immediately to complete said repairs or replacement, COUNTY Project Coordinator may cause to be made or make any necessary repairs or replacements and the cost thereof shall be paid by CONTRACTOR. Said cost shall include all labor, materials, equipment and an administrative fee equal to 15% of the sum of those items. Said cost shall be paid by CONTRACTOR within 15 days of receipt of an invoice for costs from COUNTY Project Coordinator. In the event of damage to or destruction of CONTRACTOR-owned or constructed buildings, facilities or improvements located within the Operating Area or in the event CONTRACTOR- owned or constructed buildings, facilities, or improvements located within the Operating Area are declared unsafe or unfit for use or occupancy by COUNTY or any other public entity with jurisdiction to make and enforce such a declaration, CONTRACTOR shall, within 30 days, commence and diligently pursue completion of the repair, replacement or reconstruction of improvements to the same size and floor area as they existed immediately prior to the event causing the damage or destruction, as necessary to permit full use and occupancy of the Operating Area for the purposes required by the CONTRACT. Repair, replacement or reconstruction or improvements within the Operating Area shall be accomplished in a manner and according to plans approved by COUNTY Project Coordinator. Termination of this CONTRACT shall not reduce or nullify CONTRACTOR’s obligation under this section except as otherwise provided herein. With respect to damage or destruction to be repaired by COUNTY or which COUNTY elects to repair, CONTRACTOR waives and releases its rights under CALIFORNIA CIVIL CODE Sections 1932(2) and 1933(4).

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS a. If the building on the Premises shall be damaged by fire or other casualty prior to the last five (5) years of the original term of this Lease, the Premises shall be restored to the same condition as prior to the damage. It is understood and agreed that if the cost of the restoration exceeds the amount of the insurance recovery, Tenant will pay such excess. In no event will rent abate during any period of untenantxxxxxty. b. If the building on the Premises shall be damaged by fire or other casualty during the last five (5) years of the original term of this Lease, or during any option period of this Lease, to the extent of fifty percent (50%) or more of the insurable value of the building, Tenant may, at Tenant's option, to be evidenced by notice given to Landlord within thirty (30) days after the occurrence of such damage or destruction, elect to terminate this Lease as of the date of the damage or destruction and, in such event, all of the insurance proceeds shall be paid over to the Landlord. c. If the building on the Premises shall be damaged by fire or other casualty during the last five (5) years of the original term of this Lease, or during any option period of this Lease, to the extent of less than fifty percent (50%) of the insurable value of the building, then Tenant shall be obligated to restore the Premises to the same condition as prior to the damage. It is understood and agreed that if the cost of the restoration exceeds the amount of insurance recovery, Tenant will pay such excess. In no event will rent abate during any period of untenantxxxxxty.

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. The TENANT shall be responsible for any damage caused by the TENANT, or the TENANT's aircraft, equipment, employees, agents, visitors or suppliers, to common use areas of the Terminal or Airport facilities, including but not limited to runways, taxiways, access roads, navigational aids, apron areas and loading bridges. Should such damage require immediate repairs or replacement and the TENANT is unable to respond immediately to complete said repairs or replacement, the Airport Director may cause to be made or make any necessary repairs or replacements and the cost thereof shall be paid by the TENANT. Said cost shall include all labor, materials, equipment and an administrative fee equal to fifteen percent (15%) of the sum of those items. Said cost shall be paid by the TENANT within fifteen (15) days of receipt of an invoice for costs from the Airport Director. In the event of damage to or destruction of the TENANT-owned or constructed buildings, facilities or improvements located within the Leased Premises or in the event the TENANT- owned or constructed buildings, facilities, or improvements located within the Leased Premises are declared unsafe or unfit for use or occupancy by the COUNTY or any other public entity with jurisdiction to make and enforce such a declaration, the TENANT shall, within thirty (30) days, commence and diligently pursue completion of the repair, replacement or reconstruction of improvements to the same size and floor area as they existed immediately prior to the event causing the damage or destruction, as necessary to permit full use and occupancy of the Leased Premises for the purposes required by the LEASE. Repair, replacement or reconstruction or improvements within the Leased Premises shall be accomplished in a manner and according to plans approved by the Airport Director. Except as otherwise provided herein, termination of this LEASE shall not reduce or nullify the TENANT's obligation under this paragraph. With respect to damage or destruction to be repaired by the COUNTY or which the COUNTY elects to repair, the TENANT waives and releases its rights under CAL. CIV. CODE Sections 1932(2) and 1933(4).

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. Landlord shall not be responsible under any circumstances for damage to property belonging to Tenant, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers, which may be damaged, stolen, or destroyed and Tenant hereby released Landlord from any responsibility therefore. If the Demised Premises and/or the Building upon the Demised Premises shall be destroyed or damaged by fire or other casualty the Tenant shall give Landlord immediate written notice, as well as notice to any insurance provider with a copy of such notice to Landlord. Landlord may elect either (i) promptly rebuild or repair the Building, or (ii) to terminate this Lease as of the date of damage. Landlord shall notify Tenant in writing within sixty (60) days of such destruction of Landlord’s decision whether or not to repair or rebuild the Building. If Landlord elects to repair or rebuild the Building, Landlord shall restore the Building to substantially the same condition that existed immediately prior to the destruction, and during the period of restoration the rent payable hereunder shall xxxxx in direct proportion to the reduced usefulness of the Building to Tenant. If Landlord elects to terminate the Lease under this Section 19, then rent shall cease to accrue on the later of (i) date of destruction, or (ii) the last date on which Xxxxxx had possession of the Premises under this Lease, and Landlord will refund to Tenant any portion of any rental paid in advance but not yet earned at such date. In no event shall Landlord’s election reduce or eliminate Xxxxxx’s responsibilities set forth in Section 13, Insurance, or Section 10, Ownership of Property,

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. If any Improvements are damaged or destroyed during the Term, then: 5.12.1 the Lessee will promptly notify each of the Lessor and the First Nation; 5.12.2 this Lease will not end; 5.12.3 there will be no reduction or postponement of Rent; and There are two options for the remainder of this section 5.12. Choose one and delete the other. 5.12.4 within a reasonable time after such damage or destruction, the Lessee will repair, rebuild, or replace the Improvements with such other Improvements that are, to the extent possible, to a standard at least substantially equal in quality of material and workmanship to the original Improvements and, when considered together with the balance of the Improvements on the Premises, must not, in the reasonable opinion of the First Nation, materially diminish the economic value of the Premises. 5.12.5 within a reasonable time after such damage or destruction, the Lessee will repair, rebuild, or replace the Improvements with such other Improvements as the Lessee deems necessary or expedient, including: 5.12.5.1 Improvements that are substantially similar to those that were damaged or destroyed; or 5.12.5.2 Improvements that differ in any of their size, use, form, and character from those that were damaged or destroyed, on the condition that: 5.12.5.3 any damaged or destroyed Improvements will not be left in an unsafe or unsightly condition; 5.12.5.4 the Lessee will repair, rebuild, or replace any Improvements that are reasonably necessary in order to facilitate access to and use of any other portions of the development situate on the Premises; and 5.12.5.5 rebuilt or replacement Improvements must be constructed to a standard that is at least substantially equal in quality of material and workmanship to the original Improvements and, when considered together with the balance of the Improvements on the Premises, must not, in the reasonable opinion of the First Nation, materially diminish the economic value of the Premises.

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. 17.1 If as a consequence of vis major or casus fortuitus, the Improvements or the Concession Area should be damaged or destroyed to an extent which renders them substantially untenantable and incapable of beneficial use, then the Concessionaire shall be entitled to terminate this Concession Contract by written notice to the Developer. 17.2 The right of termination mentioned in clause 17.1 above must be exercised within a period of thirty (30) days of the date on which the event giving rise to the right occurs, failing which such right shall lapse. If the Concessionaire exercises its right to terminate this Concession Contract, then this Concession Contract shall terminate with effect from the date of the event in question. In this event any amount paid by the insurers of the Improvements or the Concession Area, shall accrue and be payable to the Developer immediately on such payment. 17.3 If neither party exercises its right to terminate in terms of clause 17.1 above, then the following provisions shall apply:- 17.3.1 the Concessionaire shall reinstate, at its cost, the Improvements and the Concession Area as quickly as is reasonably possible in the circumstances, and shall apply the proceeds of any insurance policy relating to the Improvements for such purpose; 17.3.2 the Concessionaire shall continue to be liable for rental and other charges under this Concession Contract; 17.3.3 the Concession Period shall be extended by the period during which the Concessionaire is deprived of beneficial occupation of the whole of the Concession Area. 17.4 The Parties shall not have any claims against each other as a result of such cancellation or loss of occupation of the Improvements or the Concession Area, unless the damage or destruction mentioned in clause 17.1 above was caused by an act or omission for which either Party is responsible in terms of this Concession Contract or in law. 17.5 Should the Improvements or the Concession Area be damaged to any extent which diminishes the Concessionaire's enjoyment of thereof, but which falls short of the event contemplated in clause 17.1 above entitling either Party to terminate this Concession Contract, then the following provisions shall apply:- 17.5.1 this Concession Contract shall not be cancelled; 17.5.2 the Concessionaire shall continue to be liable for rental and other charges under this Concession Contract; 17.5.3 the Concessionaire shall, at its cost, reinstate the Improvements and the Concession Area as quickly ...

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. The LICENSEE shall be responsible for any damage caused by the LICENSEE, or the LICENSEE's aircraft, equipment, employees, agents, visitors or suppliers, to common use areas of the Terminal or Airport facilities, including but not limited to runways, taxiways, access roads, navigational aids, apron areas and loading bridges. Should such damage require immediate repairs or replacement and the LICENSEE is unable to respond immediately to complete said repairs or replacement, the Airport Director may cause to be made or make any necessary repairs or replacements and the cost thereof shall be paid by the LICENSEE. Said cost shall include all labor, materials, equipment and an administrative fee equal to fifteen percent (15%) of the sum of those items. Said cost shall be paid by the LICENSEE within fifteen (15) days of receipt of an invoice for costs from the Airport Director.

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. Contractor shall be responsible for any damage caused by Contractor or Contractor’s equipment, employees, agents, visitors or suppliers to the Parking Facilities. Should such damage require immediate repairs or replacement and Contractor is unable to respond immediately to complete said repairs or replacement, County may cause to be made or make any necessary repairs or replacements, and the cost thereof shall be paid by Contractor. Said cost shall include all labor, materials, equipment and an administrative fee equal to fifteen percent (15%) of the sum of those items. Said cost shall be paid by Contractor within fifteen (15) days of receipt of an invoice for costs from County’s Project Manager.

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. If the building to be constructed on the Property shall be damaged or destroyed by fire or other casualty during the last two (2) years of the Term or during any Extension, to the extent of twenty-five percent (25%) or more of the actual cash value, Tenant may, at Tenant's option, to be evidenced by notice in writing given to Landlord within thirty (30) days after the occurrence of such damage or destruction, elect to terminate the Lease as of the date of the damage or destruction, in which case the Tenant shall be released from further liability hereunder. In such event, Landlord shall be entitled to all proceeds of insurance and rights of recovery against insurers on policies covering such damage or destruction. If Tenant elects not to so terminate this Lease, Rent shall not xxxxx for the period of time it takes to (a) complete all necessary repairs to the buildings and improvements and (b) re-open for business on the Property.

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. (PME4.1 S) As a result of use by CONCESSIONAIRE and in the event of damage to or destruction of 16 CONCESSIONAIRE-constructed buildings, facilities, or improvements located within the Premises or in the event the same are declared unsafe or unfit for use or occupancy by a public entity with the authority to 17 make and enforce such declaration, CONCESSIONAIRE shall, within thirty (30) days, commence and diligently pursue to complete the repair, replacement, or reconstruction of improvements to the same size, 18 condition and floor area as they existed immediately prior to the event causing the damage or destruction, as necessary to permit full use and occupancy of the Premises for the purposes required by the Lease.