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:
(a) except as set forth in Section 32.5 of the Design-Build Specifications, the acts of third parties (not including DB Contractor-Related Entities or other parties acting on behalf of DB Contractor), including (i) collision with the Project by aircraft, ships, watercraft, trains, vehicles or other equipment; (ii) riot or civil commotion; (iii) vandalism; (iv) leakage from fire extinguishing equipment; and (v) terrorism; and
(b) the following events: (i) lightning; (ii) explosion; (iii) fire; (iv) collapse or “sinkhole collapse”; (v) volcanic action; (vi) windstorm or hail; (vii) earthquake; (viii) tsunami; (ix) hurricane; (x) tornado; and (xi) any other natural disaster that has been proclaimed a disaster or state of emergency by the President of the United States, the Governor of the State of Texas, or the Federal Highway Administrator.
3.8.3.2 In no event shall DB Contractor be excused from its obligation to perform a repair under the Performance Warranty for Warranty Defects caused by any of the following: (a) normal wear and tear (regardless of the amount or type of traffic on the Project); (b) settling, cracking, bulging, shrinkage or expansion of any portion of the Project; (c) rust, or other corrosion, decay, deterioration; (d) hidden, latent or patent defects; or (e) faulty Work, design defects, or other faulty workmanship or materials in the Work, as such term is defined in the Design-Build Contract.
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.
4.5.11.3.2 DB Contractor shall be entitled to a Change Order for its costs to repair direct physical loss or damage, 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 by the exercise of caution, due diligence, or reasonable efforts by DB Contractor:
(a) the acts of third parties (not including DB Contractor-Related Entities or other parties acting on behalf of DB Contractor), including (i) collision with the Project by aircraft, ships, watercraft, trains, vehicles or other equipment; (ii) riot or civil commotion; (iii) vandalism;
Damage to the Project. With respect to clauses (a) and (b) below, at any time on or after the Final Commencement Date:
(a) If the Project suffers damage to the extent that the estimate of the cost of repair is no more than 20% of the then-depreciated value of the Project, and if the Project Users do not unanimously agree that the Project shall be terminated and disassembled or sold pursuant to Section 29, 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.
(b) If the Project suffers damage to the extent that the estimate of the cost of repair exceeds 20% of the then-depreciated value of the Project, and if the Project Users do not unanimously agree that the Project shall be terminated and disassembled or sold pursuant to Section 29, Operator shall determine the estimated fair market value of the Project if it were then terminated without repair and the estimated total cost of repair and shall promptly submit to the Committee its recommendation as to whether the Project should be repaired in whole or in part, and if not repaired in whole, what portions of the Project should be withdrawn from further service, removed from the Project and sold as salvage pursuant to Section 29. If Operator's recommendation to repair the Project is approved by the Committee, then Operator shall prepare a budget for the cost of repair and shall submit its recommendations together with its budget to the Committee.
(i) Upon unanimous approval by the Committee of the recommendation and a budget, Operator shall proceed to repair the Project and each Project User shall pay (or cause to be paid) its Project Share of the cost of repair. If Operator's recommendation is to remove part or all of the Project from further service, then upon unanimous approval of the recommendation, the portion of the Project being removed from service shall be sold as salvage.
(ii) In the event that one or more Project Users, but not all Project Users, desire that the Project be repaired, then each such Project User shall promptly give notice in writing to the other Project Users. If any Project User has given such notice, the Project Share of each Project User which has not given notice within 60 days after the giving of the initial notice shall be reduced at the time repairs commence to the extent determined by the following formula: S\\r\\ = S\\o\\ V ----- V+C where V = Fair Market Value of the Project if...
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.
4.5.11.3.2 DB Contractor shall be entitled to a Change Order for its costs to repair direct physical loss or damage, 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,
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 any loss or damage to the Project because of fire or other casualty, the Bank may elect to do either of the following in its sole discretion:
Damage to the Project. In the event that the Project of which the Premises are a part shall be damaged or destroyed to the extent of thirty-three and one-third percent (33 1/3%) or more of the then full replacement cost thereof, whether or not the Premises are damaged or destroyed, Landlord may at Landlord's option cancel and terminate this Lease by giving written notice to Tenant of Landlord's election to do so within sixty (60) days after the date of occurrence of such damage, in which event this Lease shall terminate on the date such notice is given.
