Election to Rebuild. If the Project is damaged by fire, explosion, or any other casualty, and the Company does not elect to terminate this Agreement, then the Company may, in its sole discretion, commence to restore the Project with such reductions or enlargements in the scope of the Project, changes, alterations and modifications (including the substitution and addition of other property) as may be desired by the Company. All such restorations and replacements shall be considered part of the Project for all purposes hereof, including, but not limited to any amounts due by the Company to the County under Section 4.1 hereof.
Appears in 6 contracts
Samples: Conversion and Fee in Lieu of Ad Valorem Taxes Agreement, Conversion and Fee in Lieu of Ad Valorem Taxes Agreement, Fee in Lieu of Property Taxes Agreement
Election to Rebuild. If In the event the Project is damaged by fire, explosion, or any other casualty, and if the Company does not elect to terminate this Agreement, then the Company may, in its sole discretion, may commence to restore the Project with such reductions or enlargements in the scope of the Project, changes, alterations and modifications (including the substitution and addition of other property) as may be desired by the Company, subject to the provisions of Section 4.4 hereof. All such restorations and replacements shall be considered substitutions of the destroyed portions of the Project and shall be considered part of the Project for all purposes hereof, including, but not limited to any amounts due by the Company to the County under Section 4.1 hereof.
Appears in 4 contracts
Samples: Fee Agreement, Fee Agreement, Fee Agreement
Election to Rebuild. If In the event the Project is damaged by fire, explosion, or any other casualty, and if the Company does not elect to terminate this Fee Agreement, then the Company may, in its sole discretion, commence to restore the Project with such reductions or enlargements in the scope of the Project, changes, alterations and modifications (including the substitution and addition of other property) as may be desired by the Company. All such restorations and replacements shall be considered substitutions of the destroyed portions of the Project and shall be considered part of the Project for all purposes hereof, including, but not limited to to, any amounts due by the Company to the County under Section 4.1 3.1 hereof, to the extent allowed by the Act.
Appears in 2 contracts
Samples: Fee in Lieu of Ad Valorem Taxes Agreement, Fee in Lieu of Ad Valorem Taxes Agreement
Election to Rebuild. If In the event the Project is damaged by fire, explosion, or any other casualty, and if the Company does not elect to terminate this Agreement, then the Company may, in its sole discretion, may commence to restore the Project with such reductions or enlargements in the scope of the Project, changes, alterations and modifications (including the substitution and addition of other property) as may be desired by the Company. All such restorations and replacements shall be considered substitutions of the destroyed portions of the Project and shall be considered part of the Project for all purposes hereof, including, but not limited to any amounts due by the Company to the County under Section 4.1 hereof.
Appears in 2 contracts
Samples: Fee Agreement, Fee Agreement