Duty to Repair. Lessor agrees that if TCAC, its nominee, or its successor-in-interest succeeds to Xxxxxx's Leasehold interest in the Property and if the Development shall have been or becomes materially damaged before or after the date of such acquisition, TCAC’s, its nominee's, or its successor-in-interest's obligation, if any, to repair, replace or reconstruct the Development shall in any such event be limited to the greater of: i) the amount of the net insurance proceeds received by TCAC, its nominee, or its successor-in-interest by reason of that damage or ii) the amount TCAC, its nominee, or its successor-in-interest would be entitled to if in compliance with the minimum insurance requirements of Lessee under the Lease. However, if the damage or loss is not corrected and constitutes a breach of the Lease or New Lease, Lessor may exercise its rights under Section 5.
Appears in 5 contracts
Samples: Lease Rider Agreement, Ground Lease, Lease Rider Agreement
Duty to Repair. Lessor agrees that if TCAC, its nominee, or its successor-in-interest succeeds to XxxxxxLessee's Leasehold interest in the Property and if the Development shall have been or becomes materially damaged before or after the date of such acquisition, TCAC’s, its nominee's, or its successor-in-interest's obligation, if any, to repair, replace or reconstruct the Development shall in any such event be limited to the greater of: i) the amount of the net insurance proceeds received by TCAC, its nominee, or its successor-in-interest by reason of that damage or ii) the amount TCAC, its nominee, or its successor-in-interest would be entitled to if in compliance with the minimum insurance requirements of Lessee under the Lease. However, if the damage or loss is not corrected and constitutes a breach of the Lease or New Lease, Lessor may exercise its rights under Section 5.
Appears in 4 contracts
Samples: Lease Rider Agreement, Lease Rider Agreement, Lease Rider Agreement
Duty to Repair. Lessor agrees that if TCAC, its nominee, or its successor-in-interest successor‑in‑interest succeeds to Xxxxxx's Leasehold interest in the Property and if the Development shall have been or becomes materially damaged before or after the date of such acquisition, TCAC’s, its nominee's, or its successor-in-interestsuccessor‑in‑interest's obligation, if any, to repair, replace or reconstruct the Development shall in any such event be limited to the greater of: i) the amount of the net insurance proceeds received by TCAC, its nominee, or its successor-in-interest by reason of that damage or ii) the amount TCAC, its nominee, or its successor-in-interest would be entitled to if in compliance with the minimum insurance requirements of Lessee under the Lease. However, if the damage or loss is not corrected and constitutes a breach of the Lease or New Lease, Lessor may exercise its rights under Section 5.
Appears in 2 contracts
Samples: Lease Rider Agreement, Lease Rider Agreement
Duty to Repair. Lessor agrees that if TCAC, its nominee, or its successor-in-interest succeeds to XxxxxxLessee's Leasehold interest in the Property and if the Development shall have been or becomes materially damaged before or after the date of such acquisition, TCAC’s, its nominee's, or its successor-in-interest's obligation, if any, to repair, replace or reconstruct the Development shall in any such event be limited to the greater of: i) the amount of the net insurance proceeds received by TCAC, its nominee, or its successor-in-in- interest by reason of that damage or ii) the amount TCAC, its nominee, or its successor-in-in- interest would be entitled to if in compliance with the minimum insurance requirements of Lessee under the Lease. However, if the damage or loss is not corrected and constitutes a breach of the Lease or New Lease, Lessor may exercise its rights under Section 5.
Appears in 1 contract
Samples: Lease Rider Agreement
Duty to Repair. Lessor agrees that if TCAC, its nominee, or its successor-in-interest succeeds to Xxxxxx's Leasehold interest in the Property and if the Development shall have been or becomes materially damaged before or after the date of such acquisition, TCAC’s's, its nominee's, or its successor-in-interest's obligation, if any, to repair, replace or reconstruct the Development shall in any such event be limited to the greater of: i) the amount of the net insurance proceeds received by TCAC, its nominee, or its successor-in-interest by reason of that damage or ii) the amount TCAC, its nominee, or its successor-in-interest would be entitled to if in compliance with the minimum insurance requirements of Lessee under the Lease. However, if the damage or loss is not corrected and constitutes a breach of the Lease or New Lease, Lessor may exercise its rights under Section 5.
Appears in 1 contract
Samples: Lease Rider Agreement
Duty to Repair. Lessor agrees that if TCAC, its nominee, or its successor-in-interest succeeds to XxxxxxLessee's Leasehold leaseholdLeasehold interest in the Property and if the Development on the Property shall have been or becomes materially damaged before or after the date of such acquisition, TCAC’s, its nominee's, or its successor-in-interest's obligation, if any, to repair, replace or reconstruct the Development shall in any such event be limited to the greater of: i) the amount of the net insurance proceeds received by TCAC, its nominee, or its successor-in-interest by reason of that damage or ii) the amount TCAC, its nominee, or its successor-in-interest would be entitled to if in compliance with the minimum insurance requirements of Lessee under the Lease. However, if the damage or loss is not corrected and constitutes a breach of the Lease or New Lease, Lessor may exercise its rights under Section 5.
Appears in 1 contract
Samples: Lease Rider and Agreement
Duty to Repair. Lessor agrees that if TCAC, its nominee, or its successor-in-interest succeeds to XxxxxxLessee's Leasehold leasehold interest in the Property and if the Development on the Property shall have been or becomes materially damaged before or after the date of such acquisition, TCAC’s, its nominee's, or its successor-in-interest's obligation, if any, to repair, replace or reconstruct the Development shall in any such event be limited to the greater of: i) the amount of the net insurance proceeds received by TCAC, its nominee, or its successor-in-interest by reason of that damage or ii) the amount TCAC, its nominee, or its successor-in-interest would be entitled to if in compliance with the minimum insurance requirements of Lessee under the Lease. However, if the damage or loss is not corrected and constitutes a breach of the Lease or New Lease, Lessor may exercise its rights under Section 5.
Appears in 1 contract
Samples: Lease Rider and Estoppel Agreement