Damage to the Project. If there is a total destruction of the Project or a partial destruction of the Project, the cost of restoration of which would exceed one-third (1/3) of the then replacement value of the Project, by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, Landlord may within a period of one hundred eighty (180) days after the occurrence of such destruction, notify Tenant in writing that it elects not to so reconstruct or restore the Project, in which event this Lease shall cease and terminate as of the date of such destruction.
Damage to the Project. 4.5.11.3.1 Subject to the restrictions and limitations set forth in this Section 4.5 hereof and Section 5 of the CMA, DB Contractor shall be entitled to a Change Order for its reasonable and documented costs to repair direct physical damage to any of the Maintained Elements to the extent set forth in this Section 4.5.11.3.
Damage to the Project. Subject to the restrictions and limitations set forth in this Section 10 and subject to TxDOT’s rights set forth in Sections 3.3.1.3, 3.4.2.2, and 3.4.2.3, DB Contractor shall be entitled to a Change Order for its reasonable and documented costs to repair direct physical damage to any of the Maintained Elements to the extent set forth in this Section 10.8.3.
Damage to the Project. 3.8.3.1 DB Contractor shall be excused from its obligation to repair direct physical loss or damage to the Project, including debris removal, to the extent such damage is directly attributable to and resulting from any of the following events, provided (1) the event is beyond the control of the DB Contractor-Related Entities, (2) the event is not due to an act, omission, negligence, recklessness, willful misconduct, breach of contract or Law of any DB Contractor-Related Entity, and (3) the event (or the effects of such event) could not have been avoided or mitigated by the exercise of caution, due diligence, or reasonable efforts by DB Contractor:
Damage to the Project. With respect to clauses (a) and (b) below, at any time on or after the Final Commencement Date:
Damage to the Project. (a) If the Project suffers damage to the extent that the estimate of the cost of repair is less than 20% of the then- depreciated value of the Project, and if the Project Users do not unanimously agree that the Project shall be ended pursuant to Section 31, operator shall promptly submit a budget for the cost of repair of the Project and upon the Committee's approval of a budget, the Operator shall proceed to repair the Project.
Damage to the Project. 21 20. Liabilities ...................................................... 23 21. Default .......................................................... 23 22.
Damage to the Project. If more than twenty-five percent (25%) of the leasable area of the Project is damaged by fire or other cause, notwithstanding whether the Premises may be affected or unaffected by such fire or other casualty and Landlord is terminating leases for at least twenty-five percent (25%) of the space leased to other Tenants, Landlord shall have the right, to be exercised by notice in writing to Tenant within sixty (60) days from and after such occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to Tenant, the term of this Lease shall expire by lapse of time upon the sixtieth (60) third (3rd) day after such notice is given, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord. Some mutual provision is usually appropriate.
Damage to the Project. If there is a total destruction of the Project or a partial destruction of the Project, the cost of restoration of which would exceed fifty percent (50%) of the then replacement value of the Project, by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, and Landlord’s contractor reasonably estimates in a writing delivered to the parties that the damage to the Project is such that it will require longer than one hundred eighty (180) days to repair, reconstruct and restore the Project to substantially its condition immediately prior to the commencement of the Early Access Period, Landlord or Tenant may, within a period of forty five (45) days after the occurrence of such destruction, terminate this Lease by giving the other party one hundred eighty (180) days prior written notice of termination, in which event this Lease shall cease and terminate as of the end of such 180-day period or on such earlier date as the parties may mutually agree.
Damage to the Project. If there is a total destruction of the Project or a partial destruction of the Project, the cost of restoration of which would exceed one-third (1/3) of the then replacement value of the Project, by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, Landlord may within the earlier of fifteen (15) days after Landlord’s receipt of the estimate from Landlord’s contractor or forty-five (45) days after the occurrence of such destruction, notify Tenant in writing that it elects not to so reconstruct or restore the Project, In which event this Lease shall cease and terminate as of the date of such destruction.
