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. In the event that all or substantially all of the Improvements situated on the Leased Premises shall be wholly or partially destroyed or damaged by fire, windstorm, rising water, or any other casualty whatsoever, subject to its obligations contained in Section 6.3 above, Lessee may, at Lessee’s sole option, repair or replace such Improvements or other property, provided that in any event Lessee shall be obligated to repair all damage or destruction to the Leased Premises. In the event that less than all or substantially all of the Improvements are so destroyed or damaged, Lessee may elect not to repair the same, provided that Lessee shall repair all damage or destruction to the Leased Premises and shall remove and clean-up any debris or remnants of Improvements not repaired or restored. In the event that the damage or destruction is of all or substantially all of the Improvements and Lessee shall determine not to repair or replace the Improvements, or Lessee shall fail to commence the repair or replacement of the Improvements within one (1) year after the date of damage or destruction or shall thereafter fail to complete the repair or replacement of the Improvements with diligence, then this Lease shall terminate, provided, however, that notwithstanding the foregoing, Lessee shall repair or replace the damaged Improvements and/or otherwise safeguard the Leased Premises to the extent deemed reasonably necessary by Lessor to protect any adjacent property and the health and safety of any persons residing or working thereon or as may otherwise be required by Law; provided further, however, the requirement that Lessee proceed with any such repair or replacement with diligence shall not be applicable to the extent that (i) any court of competent jurisdiction has issued an order or entered a judgment prohibiting or restricting Lessee from effecting such repair or replacement or (ii) Lessee is involved in a bona fide dispute with any insurer of the damaged or destroyed Improvements in respect of the insurance proceeds payable thereon. In the event of a termination of this Lease pursuant to the immediately preceding sentence, Lessee shall nevertheless be obligated to repair all damage or destruction to the Leased Premises and to remove the remaining Improvements and reasonably restore the Leased Premises to the same condition as it existed on January 13, 1989. Additionally, in the event this Lease is so terminated and Lessee does not remove the Improvements, Lessee...
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.
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. 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. In the event the improvements located on the Leased Property are damaged to the extent of fifty (50%) percent or more of their replacement value by fire, explosion or any other casualty, then Tenant may elect, by serving written notice to the Landlord within thirty (30) days of the date of injury, to either terminate this Lease or continue in occupancy. If Tenant elects to terminate the Lease, Tenant shall immediately surrender the Leased Property and be responsible only for the rent due to the date of the damage. If the improvements are not damaged to the extent of fifty (50%) percent or more and the Landlord elects to restore or replace the building and other improvements located on the Leased Property and Tenant elects to continue in occupancy, Landlord shall promptly and within a reasonable time after receipt of the proceeds of insurance and all necessary permits and governmental approvals commence to restore the leased portion of the building and improvements which existed prior to the injury or replace said building and improvements with a building and improvements of at least equal value. Tenant may terminate this Lease if Landlord has not commenced to restore or replace the building and improvements on the Leased Property within sixty (60) days from the date of the damage. In such event, the Parties shall be relieved of all further obligations under this Lease. If the Parties elect to terminate this Lease pursuant to the provisions of this Section, the Landlord shall be entitled to receive all of the proceeds on the insurance required under Paragraph 13, and Tenant shall release and waive its rights thereto.
DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. If the building and/or other improvements on the Demised Premises shall be damaged or rendered untenantable by fire or other casualty, Landlord shall repair or replace said improvements. However, with the prior consent of Landlord (which Landlord agrees shall not be unreasonably withheld), Tenant shall have the right to replace the improvements. Tenant shall have the right to use all insurance proceeds from policies maintained and paid by Tenant payable by reason of such damage or destruction, all such proceeds to be used solely to repair or reconstruct the improvements upon the Demised Premises. It is further agreed that the rent herein required to be paid shall abate during said period of untenantability, or if the improvements shalx xx damaged but not rendered untenantable thereby, the rent shall abate in an amount proportionate to the decrease in the utility of the Dxxxxxd Premises. In the event that any damage or destruction occurring in the last three (3) months of the initial term of this Lease, or during any renewal or extension of the term, is greater than fifty percent (50%) or more of the insurable value of the building, either Landlord or Tenant may, at its option, to be evidenced by notice in writing given to the other party within thirty (30) days after the occurrence of such damage or destruction, in lieu of repairing or replacing such building, elect to terminate this Lease as of the date of said damage or destruction, and all insurance proceeds payable for damage to the structural improvements shall be paid to Landlord or its mortgagee as their interests may appear.
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.
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.
