FIRE AND OTHER DAMAGE Sample Clauses

FIRE AND OTHER DAMAGE. 9.1 In the event that structural or permanent portions of the Premises are partially damaged by fire or other casualty for which Concessionaire is not responsible, Concessionaire shall give immediate notice thereof to the Contract Administrator and the same shall be repaired at the expense of County without unreasonable delay unless the Contract Administrator determines, in his or her sole discretion, that the damage is so extensive that the repair or rebuilding is not feasible. From the date of such casualty until said portion of the Premises is so repaired, if ever, the monthly installments of the MAG and Facility Rent shall xxxxx in such proportion as the part of the Premises thus destroyed or rendered untenantable; provided, however, that if any area is so slightly injured in any such casualty as not to be rendered unfit for occupancy, as determined exclusively by the Contract Administrator, such installment payments shall not cease or be abated during any repair period. In the event the Contract Administrator determines, in his or her sole discretion, that the damage is so extensive that the repair or rebuilding is not feasible, then, at the option of the Contract Administrator and upon notice to Concessionaire, the damaged area shall be removed from the Agreement and Exhibit A shall be amended automatically. Notwithstanding anything in the section, Concessionaire shall continue to pay to County the Percentage Fees. 9.2 County's obligations to rebuild or repair under this article shall be limited to restoring only the structural or permanent portions of the building in which the Premises are located to substantially the condition that existed prior to the casualty, and shall further be limited to the extent of the insurance proceeds available to County for such restoration. Concessionaire agrees that if the Contract Administrator elects to repair or rebuild as provided in this article, then Concessionaire will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair, and restore its signs, fixtures, furnishings, equipment, Improvements, and other items provided or installed by Concessionaire in or about the Premises in a manner and to a condition at least equal to that which existed prior to its damage or destruction. 9.3 In the event said damage is caused by the act or omission of Concessionaire or Concessionaire's officers, agents, employees, partners, contractors, subcontractors, subconcessionaires, sublessees, guests, ...
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FIRE AND OTHER DAMAGE. 17.1 In the event that structural or permanent portions of the Assigned Areas shall be partially damaged by fire or other casualty not the fault of Concessionaire, the Concessionaire shall immediately notify County after discovery thereof, and the same shall be repaired at the expense of the County without unreasonable delay unless the County determines that the damage is so extensive that repair is not feasible. From the date of such casualty until such area is so repaired (including if such area is not repaired), any fee payments otherwise due hereunder shall xxxxx in amounts proportional to the loss of available advertising space; provided, however, that if an area shall be so slightly injured in any such casualty as not to be rendered unfit for normal usage, the fees related thereto shall not cease or be abated during any repair period. 17.2 In the event of the area being damaged by fire or other casualty to such an extent as to render it necessary in the exclusive judgment of the County not to rebuild the same, then, at the option of the County or Concessionaire, and upon thirty (30) days written notice to the other, this Agreement as it applies to said area shall cease and come to an end, and the fees payable to the County shall be proportionally adjusted to represent the loss of the use of the area to Concessionaire. If County elects to rebuild said areas, the County shall notify Concessionaire of such intention within thirty (30) days of the date of the damage.
Sample 1
FIRE AND OTHER DAMAGE. If the Building or the Premises of which the Building is a part or any part thereof is partially damaged by fire or other casualty, the damage thereto (except for damage to the interior finish and build-out of the Building and to Lessee’s fixtures, property and equipment, for which Lessee shall be responsible) shall be restored subject to the provisions of subparagraphs (3) (4) and (5) below by and at the expense of Lessor, and until such restoration shall be made, if the Premises are rendered substantially unfit for its use and purpose, the rent and other charges shall be subject to an abatement to the extent fair and equitable, except if such casualty was a result of the willful fault or negligence of Lessee, in which event there shall be no abatement of rent. Such restoration shall be made promptly by Lessor subject to delay which may arise by reason of adjustment of insurance, and for reasonable delay on account of “labor troubles” or any other cause beyond Lessor’s control (excluding financial inability). Lessor shall not be liable for any inconvenience or annoyance to Lessee or for injury to the business of Lessee resulting from such excused delays.
Sample 1
FIRE AND OTHER DAMAGE. 14.1 In the event that structural or permanent portions of any improvements located in the Assigned Areas (including AEP) shall be partially damaged by fire or other casualty, the Operator shall give immediate notice thereof to the Aviation Department, and the same shall be repaired at the expense of the County without unreasonable delay unless County determines that the damage is so extensive that the repair or rebuilding is not feasible. The management obligations of the Operator hereunder shall not cease or be abated during any repair period. If the County elects to rebuild said areas, the County shall notify Operator of such intention within sixty (60) days of the date of the damage; otherwise, this Agreement as it applies to said area shall be deemed canceled and of no further force or effect, and the Management Fee payable hereunder shall be adjusted downwards in an equitable manner taking into account the reduced level of operations. 14.2 The County's obligation to rebuild or repair under this Article shall in any event be limited to restoring said area to substantially the condition that existed prior to the commencement of improvements by Operator and shall further be limited to the extent of the insurance proceeds available to County for such restoration.
Sample 1
FIRE AND OTHER DAMAGE. In the event that structural or permanent portions of any buildings or improvements located at the Airport shall be damaged by fire or other casualty, the obligations of the Operator 36 37 hereunder shall not cease, however any fees and charges payable by County shall be adjusted by an amendment, if it is equitable to do so, to take into account any lower level of service or any increased level of service occasioned by such damage.
Sample 1
FIRE AND OTHER DAMAGE. If structural or permanent portions of the Premises are partially damaged by fire or other casualty for which Lessee is not responsible, Lessee shall give immediate notice thereof to the Port Department and the same shall be repaired at the expense of County without unreasonable delay unless the Port Department determines, in their sole discretion, that the damage is so extensive that the repair or rebuilding is not feasible. If the Port Department determines, in their sole discretion, that the damage is so extensive that the repair or rebuilding is not feasible, then, at the option of the Port Department and upon notice to Lessee, the damaged area shall be removed from the Agreement and the Premises description in Section 2.1 shall be amended automatically without the need for an amendment.
Sample 1

Related to FIRE AND OTHER DAMAGE

  • Fire and Other Casualty Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as to render the Premises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglary.

  • Improper and Other Payments (a) Neither the Company, any director, officer, employee thereof, nor any agent or representative of the Company nor any person acting on behalf of any of them, has made, paid or received any unlawful bribes, kickbacks or other similar payments to or from any person or authority, (b) no contributions have been made, directly or indirectly, by the Company to a domestic or foreign political party or candidate; and (c) the internal accounting controls of the Company are believed by the Company’s management to be adequate to detect any of the foregoing under current circumstances.

  • Code and Other Remedies If an Event of Default shall occur and be continuing, the Administrative Agent, on behalf of the Lenders, may exercise, in addition to all other rights and remedies granted to them in this Agreement and in any other instrument or agreement securing, evidencing or relating to the Obligations, all rights and remedies of a secured party under the New York UCC or any other applicable law. Without limiting the generality of the foregoing, the Administrative Agent, without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except any notice required by law referred to below) to or upon any Grantor or any other Person (all and each of which demands, defenses, advertisements and notices are hereby waived), may in such circumstances forthwith collect, receive, appropriate and realize upon the Collateral, or any part thereof, and/or may forthwith sell, lease, assign, give option or options to purchase, or otherwise dispose of and deliver the Collateral or any part thereof (or contract to do any of the foregoing), in one or more parcels at public or private sale or sales, at any exchange, broker’s board or office of the Administrative Agent or any Lender or elsewhere upon such terms and conditions as it may deem advisable and at such prices as it may deem best, for cash or on credit or for future delivery without assumption of any credit risk. The Administrative Agent or any Lender shall have the right upon any such public sale or sales, and, to the extent permitted by law, upon any such private sale or sales, to purchase the whole or any part of the Collateral so sold, free of any right or equity of redemption in any Grantor, which right or equity is hereby waived and released. Each Grantor further agrees, at the Administrative Agent’s request, to assemble the Collateral and make it available to the Administrative Agent at places which the Administrative Agent shall reasonably select, whether at such Grantor’s premises or elsewhere. The Administrative Agent shall apply the net proceeds of any action taken by it pursuant to this Section 6.6, after deducting all reasonable costs and expenses of every kind incurred in connection therewith or incidental to the care or safekeeping of any of the Collateral or in any way relating to the Collateral or the rights of the Administrative Agent and the Lenders hereunder, including, without limitation, reasonable attorneys’ fees and disbursements, to the payment in whole or in part of the Obligations, in such order as the Administrative Agent may elect, and only after such application and after the payment by the Administrative Agent of any other amount required by any provision of law, including, without limitation, Section 9-615(a)(3) of the New York UCC, need the Administrative Agent account for the surplus, if any, to any Grantor. To the extent permitted by applicable law, each Grantor waives all claims, damages and demands it may acquire against the Administrative Agent or any Lender arising out of the exercise by them of any rights hereunder. If any notice of a proposed sale or other disposition of Collateral shall be required by law, such notice shall be deemed reasonable and proper if given at least 10 days before such sale or other disposition.

  • Adjustments and Other Rights The Exercise Price and the number of Shares issuable upon exercise of this Warrant shall be subject to adjustment from time to time as follows; provided, that if more than one subsection of this Section 13 is applicable to a single event, the subsection shall be applied that produces the largest adjustment and no single event shall cause an adjustment under more than one subsection of this Section 13 so as to result in duplication:

  • Consequential and Other Damages Notwithstanding anything to the contrary contained in the Separation Agreement or this Agreement, the Provider shall not be liable to the Recipient or any of its Affiliates or Representatives, whether in contract, tort (including negligence and strict liability) or otherwise, at law or equity, for any special, indirect, incidental, punitive or consequential damages whatsoever (including lost profits or damages calculated on multiples of earnings approaches), which in any way arise out of, relate to or are a consequence of, the performance or nonperformance by the Provider (including any Affiliates and Representatives of the Provider and any unaffiliated third-party providers, in each case, providing the applicable Services) under this Agreement or the provision of, or failure to provide, any Services under this Agreement, including with respect to loss of profits, business interruptions or claims of customers.

  • Utilities and Other Services 4.4.1 The Tenant shall arrange, at its own cost and expense, for the installation, connection and supply of all utilities and any other services required by it at or in relation to the Premises. 4.4.2 The Tenant shall pay to the suppliers, and indemnify the Landlord against, all charges for the installation, connection and supply of all utilities and any other services consumed or used at or in relation to the Premises and the Tenant shall comply with the requirements and regulations of the respective suppliers. Tenant to initial 4.4.3 For the purposes of this Clause 4.4, the term “utilities” shall include water, electricity, telecommunications network, gas and any water-borne sewerage systems.

  • Rent and Other Payments This paragraph contains detailed commercial terms. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .

  • Agreements and Other Documents 29 3.23 Solvency.......................................................................................30 3.24

  • Stamp and other duties The Borrowers shall pay all stamp, documentary, registration or other like duties or taxes (including any duties or taxes payable by any of the Creditors) imposed on or in connection with any of the Underlying Documents, the Security Documents or the Loan and shall indemnify the Creditors or any of them against any liability arising by reason of any delay or omission by the Borrowers to pay such duties or taxes.

  • Covenants and Other Agreements Purchaser shall have performed its covenants and agreements herein on or prior to the Closing Date in all material respects.

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