Common use of Indemnity for Excessive Wear Clause in Contracts

Indemnity for Excessive Wear. If the proceeds of the sale described in Section 21.1(b) with respect to the Property, less all expenses incurred by Agent Lessor in connection with such sale, shall be less than the Limited Recourse Amount for the Property at the time of such sale and if it shall have been determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of the Property shall have been impaired by greater than expected wear and tear during the Term, Lessee shall pay to Agent 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 Net Sale Proceeds Shortfall, whichever amount is less.

Appears in 2 contracts

Samples: Lease (Wind River Systems Inc), McData Corp

AutoNDA by SimpleDocs

Indemnity for Excessive Wear. If the proceeds of the sale described in Section 21.1(b) with respect to the PropertyProject, less all reasonable expenses incurred by Agent Lessor in connection with such sale, shall be less than the Limited Recourse Deficiency Amount for the Property Project at the time of such sale and if it shall have been determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of the Property Project shall have been impaired by greater than expected wear and tear during the Term, Lessee shall pay to Agent 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 Net Sale Proceeds Shortfall, whichever amount is less.

Appears in 1 contract

Samples: Lease (Farmland Industries Inc)

AutoNDA by SimpleDocs

Indemnity for Excessive Wear. If the proceeds of the sale described in Section 21.1(b) 22.1 with respect to any portion of the Property, less all expenses incurred by Agent Lessor in connection with such sale, Property shall be less than the Limited Recourse Amount for with respect to such portion of the Property Property, and at the time of such sale and if it shall have been reasonably determined (pursuant to the Appraisal Procedure) that the Fair Market Sales Value of such portion of the Property shall have been impaired by greater than normal and expected wear and tear during the Termterm of the Lease, Lessee shall pay to Agent 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 Net Sale Proceeds Shortfall, whichever amount is less.

Appears in 1 contract

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

Time is Money Join Law Insider Premium to draft better contracts faster.