Failure to Rebuild. If Tenant shall not begin the repair or rebuilding of the improvements within a period of Sixty (60) days after damage or destruction by fire or otherwise, and prosecute the same thereafter with such dispatch as may be necessary to complete the same within a reasonable period after said damage or destruction occurs, not to exceed One Hundred Eighty (180) days after the date of commencement of such repair or rebuilding, then, in addition to whatever other remedies Landlord may have either under this Lease, at law or in equity, the money received by and then remaining in the hands of the Landlord shall be paid to and retained by Landlord as security for the continued performance and observance by Tenant of the Tenant's covenants and agreements hereunder, or Landlord may terminate this Lease and retain the amount so held as liquidated damages resulting from the failure on the part of Tenant to comply with the provisions of this Article.
Failure to Rebuild. In the event this Lease is not terminated following damage from fire or other casualty, but Landlord fails to substantially complete repairs or rebuilding within 270 days from the date of the casualty, Tenant may elect to terminate this Lease by providing Landlord with written notice of termination within thirty (30) days following said 270th day.
Failure to Rebuild. If Tenant shall not enter upon the repair or rebuilding of the improvements within a period of sixty (60) days after damage or destruction by fire or otherwise, and prosecute the same thereafter with such dispatch as may be necessary to complete the same within a reasonable period after the damage or destruction occurs, not to exceed one hundred eighty (180) days after the date of commencement of such repair or rebuilding, then, in addition to whatever other remedies Landlord may have either under this Lease, at law or in equity, the money received by and then remaining in the hands of the Depositary shall be paid to and retained by Landlord as security for the continued performance and observance by Tenant of the Tenant's covenants and agreements hereunder, or Landlord may terminate this Lease and then be paid and retain the amount so held as either, in Landlord's sole and absolute discretion (i) liquidated damages resulting from the failure on the part of Tenant to comply with the provisions of this Article, or (ii) as partial damages in the event that the damages are in excess of such funds.
Failure to Rebuild. If (i) Tenant shall not enter upon the repair or rebuilding of the improvements within a period of ninety (90) days after the insurance proceeds are made available pursuant to Section 15.03 or (ii) after commencement of such repair or rebuilding, Tenant does not prosecute the same thereafter with such dispatch as may be necessary to complete the same within a reasonable period after said damage or destruction occurs, and the repair and rebuilding is not completed within one year from the date the insurance proceeds are made available pursuant to Section 15.03, then, in addition to whatever other remedies Landlord may have either under this Lease, at law or in equity, Landlord may retain the insurance proceeds, or the balance thereof remaining in the hands of the Depository as security for the continued performance and observance by Tenant of the Tenant's covenants and agreements hereunder, or Landlord may terminate this Lease or Tenant's possession of the Premises and then retain the amount so held as damages resulting from the failure on the part of Tenant to comply with the provisions of this Article.
Failure to Rebuild. 22 16.6 Limitation on Landlord's Liability.................................................................22 ARTICLE XVII - TRANSFERS BY LANDLORD.................................................................................22 17.1 Sales, Conveyance and Assignment...................................................................22 17.2 Effect of Sale, Conveyance or Assignment...........................................................22 -iii- 4 TABLE OF CONTENTS (CONTINUED)
Failure to Rebuild. If Tenant shall be in default of its obligations ------------------ to the repair, restoration or rebuilding of the Improvements in accordance with the terms hereof then, in addition to whatever other remedies Landlord may have either under this Lease, at law or in equity, Landlord may, following thirty (30) days after written notice from Landlord to Tenant, retain the insurance proceeds (or receive such proceeds from the fiduciary institution), or the balance thereof remaining, as security for the continued performance and observance by Tenant of Tenant's covenants and agreements hereunder, or Landlord may terminate this Lease and then retain the amount so held as liquidated damages (without prejudice to any other rights and remedies of Landlord) resulting from the failure on the part of Tenant to comply with the provisions of this Article.
Failure to Rebuild. Subject to Tenant’s termination rights under Section 7.1, if Tenant shall not commence the repair or rebuilding of the improvements within a period of ninety (90) days after damage or destruction by fire or otherwise (as the same may be extended by times necessary to adjust the insurance claims or by any Force Majeure Event (as hereinafter defined)), and prosecute the same thereafter with such dispatch as may be necessary to complete the same within a reasonable period after said damage or destruction occurs, not to exceed three hundred sixty-five (365) days after the date of commencement of such repair or rebuilding (as the same may be extended by any Force Majeure Event provided that Tenant shall diligently pursue completion of the restoration work), then Tenant shall be deemed in default under this Lease, and in addition to all of its other remedies under Article 19.2, Landlord shall be paid and retain the amount held by the Depositary which it can use, at its sole discretion.
Failure to Rebuild. If Sublessee shall not enter upon the repair or rebuilding of the improvements within a period of ninety (90) days after damage or destruction by fire or otherwise, and prosecute the same thereafter with such dispatch as may be necessary to complete the same within a reasonable period after said damage or destruction occurs, not to exceed one hundred eighty (180) days from the date of commencement of such repair or rebuilding, then, in addition to whatever other remedies Sublessor may have either under this Sublease, at law or in equity, Sublessor may retain insurance proceeds, or the balance thereof remaining in the hands of Sublessor, as security for the continued performance and observance by Sublessee of Sub1essee's covenants and agreements hereunder, or Sublessor may terminate this Sublease and then retain the amount so held as liquidated damages resulting from the failure on the part of Sublessee to comply with the provisions of this Paragraph.
Failure to Rebuild. If this Lease is not terminated pursuant Section 7.0 and if the party obligated to perform the Work does not commence the Work within sixty (60) days after the date the damage or destruction occurred, or does not prosecute same thereafter with such dispatch as may be necessary to complete the same within a reasonable period after the date said damage or destruction occurred, then, in addition to whatever other remedies the other party may have under this Lease, or at law or in equity, such other party may terminate this Lease.
Failure to Rebuild. 17 -ii- ARTICLE XVII..................................................................18
