Common use of Indemnity for Excessive Wear Clause in Contracts

Indemnity for Excessive Wear. If the proceeds of the sale described in Section 22.1 with respect to the Properties shall be less than the Limited Recourse Amount with respect to the Properties, and at the time of such sale it shall have been reasonably determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of the Properties shall have been impaired by greater than expected wear and tear during the term of the Lease, Lessee shall pay to Lessor within ten (10) days after receipt of Lessor's written statement (i) the amount of such excess wear and tear determined by the Appraisal Procedure or (ii) the amount of the Sale Proceeds Shortfall, whichever amount is less.

Appears in 11 contracts

Samples: Participation Agreement (Lexicon Genetics Inc/Tx), Participation Agreement (Correctional Services Corp), Lease Agreement (Rf Micro Devices Inc)

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Indemnity for Excessive Wear. If the proceeds of the sale described in Section 22.1 with respect to the Properties Property shall be less than the Limited Recourse Amount with respect to the PropertiesProperty, and at the time of such sale it shall have been reasonably determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of the Properties Property shall have been impaired by greater than expected wear and tear during the term of the Lease, Lessee shall pay to Lessor within ten (10) days after receipt of Lessor's written statement (i) the amount of such excess wear and tear determined by the Appraisal Procedure or (ii) the amount of the Sale Proceeds Shortfall, whichever amount is less.

Appears in 4 contracts

Samples: Lease Agreement (Catalina Marketing Corp/De), Lease Agreement (Capital One Financial Corp), Lease Agreement (Toys R Us Inc)

Indemnity for Excessive Wear. If the proceeds of the sale described in Section 22.1 with respect to the Properties Property shall be less than the Limited Recourse Amount with respect to the PropertiesProperty, and at the time of such sale it shall have been reasonably determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of the Properties Property shall have been impaired by greater than expected wear and tear during the term of the Lease, Lessee shall pay to Lessor within ten (10) days after receipt of Lessor's ’s written statement (i) the amount of such excess wear and tear determined by the Appraisal Procedure or (ii) the amount of the Sale Proceeds Shortfall, whichever amount is less.

Appears in 3 contracts

Samples: Lease Agreement (Convergys Corp), Lease Agreement (Human Genome Sciences Inc), Lease Agreement (United Therapeutics Corp)

Indemnity for Excessive Wear. If the proceeds of the sale described in Section 22.1 with respect to the Properties shall be less than the Limited Recourse Amount with respect to the Properties, and at the time of such sale it shall have been reasonably determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of the Properties shall have been impaired by greater than expected wear and tear during the term of the Lease, each applicable Lessee shall pay to Lessor within ten (10) days after receipt of Lessor's written statement (i) the amount of such excess wear and tear determined by the Appraisal Procedure or (ii) the amount of the Sale Proceeds Shortfall, whichever amount is less.

Appears in 2 contracts

Samples: Lease Agreement (Performance Food Group Co), Lease Agreement (Dollar Tree Stores Inc)

Indemnity for Excessive Wear. If the proceeds of the sale described in Section 22.1 with respect to the Properties shall be less than the Limited Recourse Amount with respect to the Properties, and at the time of such sale it shall have been reasonably determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of the Properties shall have been impaired by greater than normal and expected wear and tear during the term of the Lease, Lessee shall pay to Lessor within ten (10) days after receipt of Lessor's written statement (i) the amount of such excess wear and tear determined by the Appraisal Procedure or (ii) the amount of the Sale Proceeds Shortfall, whichever amount is less.

Appears in 2 contracts

Samples: Master Lease Agreement (Veritas Software Corp /De/), Master Lease Agreement (Veritas Software Corp /De/)

Indemnity for Excessive Wear. If the proceeds of the sale described in Section 22.1 with respect to the Properties shall be less than the Limited Recourse Amount with respect to the Properties, and at the time of such sale it shall have been reasonably determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of the Properties shall have been impaired by greater than expected wear and tear during the term of the Lease, Lessee shall pay to Lessor within ten (10) days after receipt of Lessor's ’s written statement (i) the amount of such excess wear and tear determined by the Appraisal Procedure or (ii) the amount of the Sale Proceeds Shortfall, whichever amount is less.

Appears in 2 contracts

Samples: Lease Agreement (Sabre Holdings Corp), Lease Agreement (Sabre Holdings Corp)

Indemnity for Excessive Wear. If the proceeds of the sale described in Section 22.1 with respect to all the Properties shall be less than the Limited Recourse Amount with respect to all the Properties, and at the time of such sale it shall have been reasonably determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of the Properties any Property shall have been impaired by greater than expected wear and tear during the term of the Lease, Lessee shall pay to Lessor within ten (10) days after receipt of Lessor's written statement (i) the amount of such excess wear and tear determined by the Appraisal Procedure or (ii) the amount of the Sale Proceeds Shortfall, whichever amount is less.

Appears in 1 contract

Samples: Lease Agreement (Cypress Semiconductor Corp /De/)

Indemnity for Excessive Wear. If the proceeds of the sale described in Section 22.1 21.1 with respect to the Properties Property shall be less than the Limited Recourse Amount with respect to the PropertiesProperty, and at the time of such sale it shall have been reasonably determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of the Properties Property shall have been impaired by greater than expected wear and tear during the term of the Lease, Lessee shall pay to Lessor within ten (10) days Business Days after receipt of Lessor's ’s written statement (i) the amount of such excess wear and tear determined by the Appraisal Procedure or (ii) the amount of the Sale Proceeds Shortfall, whichever amount is less.

Appears in 1 contract

Samples: Real Property Lease Agreement (Nvidia Corp)

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Indemnity for Excessive Wear. If the proceeds of the sale described in Section 22.1 with respect to the ------------ Properties shall be less than the Limited Recourse Amount with respect to the Properties, and at the time of such sale it shall have been reasonably determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of the Properties shall have been impaired by greater than expected wear and tear during the term of the Lease, Lessee shall pay to Lessor within ten (10) 10 days after receipt of Lessor's written statement (i) the amount of such excess wear and tear determined by the Appraisal Procedure or (ii) the amount of the Sale Proceeds Shortfall, whichever amount is less.

Appears in 1 contract

Samples: Lease Agreement (Smart & Final Inc/De)

Indemnity for Excessive Wear. If the proceeds of the sale described in Section 22.1 with respect to the Properties shall be less than the Limited Recourse Amount with respect to the Properties, and at the time of such sale it shall have been reasonably determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of the Properties shall have been impaired by greater than expected ordinary wear and tear during the term of the Lease, Lessee shall pay to Lessor within ten (10) days Business Days after receipt of Lessor's written statement (i) the amount of such excess wear and tear determined by the Appraisal Procedure or (ii) the amount of the Sale Proceeds Shortfall, whichever amount is less.

Appears in 1 contract

Samples: Lease Agreement (Guilford Pharmaceuticals Inc)

Indemnity for Excessive Wear. If the proceeds of the sale described in Section 22.1 with respect to the Properties 21.1 shall be less than the Limited Recourse Amount with respect to the PropertiesAmount, and at the time of such sale it shall have been reasonably determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of the Properties Property shall have been impaired by greater than expected wear and tear during the term of the Lease, Lessee shall pay to Lessor within ten (10) days after receipt of Lessor's ’s written statement (i) the amount of such excess wear and tear determined by the Appraisal Procedure or (ii) the amount of the Sale Proceeds Shortfall, whichever amount is less.

Appears in 1 contract

Samples: Real Property Lease Agreement (Big Lots Inc)

Indemnity for Excessive Wear. If the proceeds of the sale described in Section 22.1 with respect to Lessor's interest in the Properties shall be less than the Limited Recourse Amount with respect to the Properties, and at the time of such sale it shall have been reasonably determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of Lessor's interest in the Properties shall have been impaired by greater than expected wear and tear during the term of the Lease, Lessee shall pay to Lessor within ten (10) days after receipt of Lessor's written statement (i) the amount of such excess wear and tear determined by the Appraisal Procedure or (ii) the amount of the Sale Proceeds Shortfall, whichever amount is less.

Appears in 1 contract

Samples: Lease Agreement (Sterile Recoveries Inc)

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