Common use of Insurance Proceeds Paid to Facility Mortgagee Clause in Contracts

Insurance Proceeds Paid to Facility Mortgagee. Notwithstanding anything herein to the contrary, in the event that any Facility Mortgagee is entitled to any insurance proceeds, or any portion thereof, under the terms of any Facility Mortgage, such proceeds (except business interruption not allocated to rent expenses which shall be payable to and retained by Tenant) shall be applied, held and/or disbursed in accordance with the terms of the Facility Mortgage but in all events subject to Tenant’s right to such insurance proceeds (including Tenant’s right to receive all insurance proceeds for a Casualty Event less than One Hundred Million Dollars ($100,000,000) in accordance with Section 14.1) and provided, that, (i) in the event of a Casualty Event involving proceeds of One Hundred Million Dollars ($100,000,000) or more where Tenant elects within twelve (12) months of the date of the relevant Casualty Event to restore the affected Facility and Tenant reasonably demonstrates that such restoration can be completed within four (4) years of the date on which Tenant can reasonably access the Facility for the purpose of commencing restoration (after the date of such Casualty Event but without regard to the date on which Tenant elects to restore the affected Facility), or (ii) in the event of a Casualty Event involving proceeds of One Hundred Million Dollars ($100,000,000) or more where Tenant is required by this Master Lease to restore the affected Facility, Landlord will cause, subject to Section 14.2(e), any Facility Mortgagee that has received, or thereafter does receive, insurance proceeds to make such proceeds available to Tenant for the reasonable costs of preservation, stabilization, emergency restoration, reconstruction and repair for the affected Facility.

Appears in 4 contracts

Samples: Master Lease (MGM Resorts International), Master Lease (VICI Properties L.P.), Master Lease (MGM Resorts International)

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Insurance Proceeds Paid to Facility Mortgagee. Notwithstanding anything herein to the contrary, in the event that any Facility Mortgagee is entitled to any insurance proceeds, or any portion thereof, under the terms of Landlord obtains any Facility Mortgage, the terms of such Facility Mortgage shall provide that any insurance proceeds (except excluding business interruption not allocated to rent expenses proceeds, which shall continue to be payable to Landlord in payment of Rent) may be held by such Facility Mortgagee and retained shall be applied to the restoration of the Leased Property and/or disbursed to Tenant to permit Tenant to restore the Leased Property, in the manner required by Section 14.2 and other applicable provisions of this Lease and may not be applied by such Facility Mortgagee to the indebtedness secured by the Facility Mortgage, provided that Tenant satisfies each of the following conditions to the reasonable satisfaction of Landlord and such Facility Mortgagee: (a) at the time of the related casualty, there shall exist no Event of Default; (b) the Leased Property affected by such casualty shall be capable of being restored to the condition required by Section 14.2; (c) Tenant shall demonstrate to Landlord’s and such Facility Mortgagee’s reasonable satisfaction Tenant’s ability to pay the Rent coming due during such repair or restoration period (after taking into account proceeds from business interruption insurance carried by Tenant); (d) Tenant shall have provided to Landlord and such Facility Mortgagee all of the following: (i) an architect’s contract with an architect reasonably acceptable to Landlord and such Facility Mortgagee; (ii) complete plans and specifications for the restoration of the affected portions of the Leased Property, which plans and specifications shall cause the Leased Property to be appliedrestored or reconstructed to the condition required under Section 14.2; provided, held and/or disbursed however, Tenant agrees to incorporate Landlord’s reasonable comments to such plans and specifications; (iii) fixed-price or guaranteed maximum cost construction contracts with contractors reasonably acceptable to Landlord and such Facility Mortgagee for completion of the restoration work in accordance with the terms aforementioned plans and specifications; (iv) such additional funds (if any) as are necessary from time to time, in Landlord’s and such Facility Mortgagee’s reasonable opinion, to complete the restoration pursuant to the plans and specifications and in the condition required under Section 14.2; and (v) copies of all permits, licenses and approvals necessary to complete the Facility Mortgage but in all events subject to Tenant’s right to such insurance proceeds (including Tenant’s right to receive all insurance proceeds for a Casualty Event less than One Hundred Million Dollars ($100,000,000) restoration in accordance with Section 14.1the plans and specifications and all Legal Requirements; (e) Tenant shall, promptly following the related casualty, diligently pursue all items required pursuant to clause (d) above and, after obtaining and providedproviding the same to Landlord and any Facility Mortgagee, that, shall promptly commence and diligently pursue such work to completion; (f) Tenant shall complete (and shall provide to Landlord and any Facility Mortgagee such documentation evidencing the same) the restoration on or before the earliest to occur of (i) in the event of a Casualty Event involving proceeds of One Hundred Million Dollars three ($100,000,0003) or more where Tenant elects within twelve (12) months of years after the date of the relevant Casualty Event to restore related casualty, and (ii) the affected Facility and Tenant reasonably demonstrates expiration of the Term (provided, however, in the event that such restoration can or reconstruction cannot be reasonably completed within four (4) years prior to the expiration of the date on which Tenant can reasonably access Term, the Facility for deadline imposed under this subclause (iii) shall include the purpose of commencing restoration properly exercised Renewal Term); (g) the Property and the use thereof after the date of such Casualty Event but without regard restoration will be in compliance with all applicable Legal Requirements; (h) Tenant shall promptly deliver to the date on which Tenant elects to restore the affected Facility), or (ii) in the event of a Casualty Event involving proceeds of One Hundred Million Dollars ($100,000,000) or more where Tenant is required by this Master Lease to restore the affected Facility, Landlord will cause, subject to Section 14.2(e), and any Facility Mortgagee that has receivedall certificates of occupancy, lien waivers and such other documentation reasonably requested by Landlord or thereafter does receive, insurance proceeds any Facility Mortgagee in connection with the restoration and reconstruction of the Leased Property; and (i) Tenant agrees to make comply with any commercially reasonable draw or other disbursement requirements imposed by any such proceeds available to Tenant for the reasonable costs of preservation, stabilization, emergency restoration, reconstruction and repair for the affected FacilityFacility Mortgagee.

Appears in 1 contract

Samples: Equity Purchase Agreement (Wynn Resorts LTD)

Insurance Proceeds Paid to Facility Mortgagee. Notwithstanding anything herein to the contrary, in the event that any Facility Mortgagee is entitled to any insurance proceeds, or any portion thereof, under the terms of Landlord obtains any Facility Mortgage, the terms of such Facility Mortgage shall provide that any insurance proceeds (except excluding business interruption not allocated to rent expenses proceeds, which shall continue to be payable to Landlord in payment of Rent) may be held by such Facility Mortgagee and retained shall be applied to the restoration of the Leased Property and/or disbursed to Tenant to permit Tenant to restore the Leased Property, in the manner required by Section 14.2 and other applicable provisions of this Master Lease and may not be applied by such Facility Mortgagee to the indebtedness secured by the Facility Mortgage, provided that Tenant satisfies each of the following conditions to the reasonable satisfaction of Landlord and such Facility Mortgagee: (a) at the time of the related casualty, there shall exist no Event of Default; (b) the Leased Property affected by such casualty shall be capable of being restored to the condition required by Section 14.2; (c) Tenant shall demonstrate to Landlord’s and such Facility Mortgagee’s reasonable satisfaction Tenant’s ability to pay the Rent coming due during such repair or restoration period (after taking into account proceeds from business interruption insurance carried by Tenant); (d) Tenant shall have provided to Landlord and such Facility Mortgagee all of the following: (i) an architect’s contract with an architect reasonably acceptable to Landlord and such Facility Mortgagee; (ii) complete plans and specifications for the restoration of the affected portions of the Leased Property, which plans and specifications shall cause the Leased Property to be appliedrestored or reconstructed to the condition required under Section 14.2; provided, held and/or disbursed however, Tenant agrees to incorporate Landlord’s reasonable comments to such plans and specifications; (iii) fixed-price or guaranteed maximum cost construction contracts with contractors reasonably acceptable to Landlord and such Facility Mortgagee for completion of the restoration work in accordance with the terms aforementioned plans and specifications; (iv) such additional funds (if any) as are necessary from time to time, in Landlord’s and such Facility Mortgagee’s reasonable opinion, to complete the restoration pursuant to the plans and specifications and in the condition required under Section 14.2; and (v) copies of all permits, licenses and approvals necessary to complete the Facility Mortgage but in all events subject to Tenant’s right to such insurance proceeds (including Tenant’s right to receive all insurance proceeds for a Casualty Event less than One Hundred Million Dollars ($100,000,000) restoration in accordance with Section 14.1the plans and specifications and all Legal Requirements; (e) Tenant shall, promptly following the related casualty, diligently pursue all items required pursuant to clause (d) above and, after obtaining and providedproviding the same to Landlord and any Facility Mortgagee, that, shall promptly commence and diligently pursue such work to completion; (f) Tenant shall complete (and shall provide to Landlord and any Facility Mortgagee such documentation evidencing the same) the restoration on or before the earliest to occur of (i) in the event of a Casualty Event involving proceeds of One Hundred Million Dollars three ($100,000,0003) or more where Tenant elects within twelve (12) months of years after the date of the relevant Casualty Event to restore related casualty, and (ii) the affected Facility and Tenant reasonably demonstrates expiration of the Term (provided, however, in the event that such restoration can or reconstruction cannot be reasonably completed within four (4) years prior to the expiration of the date on which Tenant can reasonably access Term, the Facility for deadline imposed under this subclause (iii) shall include any properly exercised Renewal Term); (g) the purpose of commencing restoration (Property and the use thereof after the date of such Casualty Event but without regard restoration will be in compliance with all applicable Legal Requirements; (h) Tenant shall promptly deliver to the date on which Tenant elects to restore the affected Facility), or (ii) in the event of a Casualty Event involving proceeds of One Hundred Million Dollars ($100,000,000) or more where Tenant is required by this Master Lease to restore the affected Facility, Landlord will cause, subject to Section 14.2(e), and any Facility Mortgagee that has receivedall certificates of occupancy, lien waivers and such other documentation reasonably requested by Landlord or thereafter does receive, insurance proceeds any Facility Mortgagee in connection with the restoration and reconstruction of the Leased Property; and (i) Tenant agrees to make comply with any commercially reasonable draw or other disbursement requirements imposed by any such proceeds available to Tenant for the reasonable costs of preservation, stabilization, emergency restoration, reconstruction and repair for the affected FacilityFacility Mortgagee.

Appears in 1 contract

Samples: Master Lease (Eldorado Resorts, Inc.)

Insurance Proceeds Paid to Facility Mortgagee. Notwithstanding anything herein to the contrary, in the event that any Facility Mortgagee is entitled to any insurance proceeds, or any portion thereof, under the terms of Landlord obtains any Facility Mortgage, the terms of such Facility Mortgage shall provide that any insurance proceeds (except excluding business interruption not allocated to rent expenses proceeds, which shall continue to be payable to Landlord in payment of Rent) may be held by such Facility Mortgagee and retained shall be applied to the restoration of the Leased Property and/or disbursed to Tenant to permit Tenant to restore the Leased Property, in the manner required by Section 14.2 and other applicable provisions of this Master Lease and may not be applied by such Facility Mortgagee to the indebtedness secured by the Facility Mortgage, provided that Tenant satisfies each of the following conditions to the reasonable satisfaction of Landlord and such Facility Mortgagee: (a) at the time of the related casualty, there shall exist no Event of Default; (b) the Leased Property affected by such casualty shall be capable of being restored to the condition required by Section 14.2; (c) Tenant shall demonstrate to Landlord’s and such Facility Mortgagee’s reasonable satisfaction Tenant’s ability to pay the Rent coming due during such repair or restoration period (after taking into account proceeds from business interruption insurance carried by Tenant); (d) Tenant shall be applied, held and/or disbursed in accordance with the terms have provided to Landlord and such Facility Mortgagee all of the Facility Mortgage but in all events subject to Tenant’s right to such insurance proceeds (including Tenant’s right to receive all insurance proceeds for a Casualty Event less than One Hundred Million Dollars ($100,000,000) in accordance with Section 14.1) and provided, that, following: (i) in the event of a Casualty Event involving proceeds of One Hundred Million Dollars ($100,000,000) or more where Tenant elects within twelve (12) months of the date of the relevant Casualty Event an architect’s contract with an architect reasonably acceptable to restore the affected Landlord and such Facility and Tenant reasonably demonstrates that such restoration can be completed within four (4) years of the date on which Tenant can reasonably access the Facility for the purpose of commencing restoration (after the date of such Casualty Event but without regard to the date on which Tenant elects to restore the affected Facility), or Mortgagee; (ii) in complete plans and specifications for the event restoration of a Casualty Event involving proceeds of One Hundred Million Dollars ($100,000,000) or more where Tenant is required by this Master Lease to restore the affected Facilityportions of the Leased Property, which plans and specifications shall cause the Leased Property to be restored or reconstructed to the condition required under Section 14.2; provided, however, Tenant agrees to incorporate Landlord’s reasonable comments to such plans and specifications; (iii) fixed-price or guaranteed maximum cost construction contracts with contractors reasonably acceptable to Landlord will cause, subject to Section 14.2(e), any and such Facility Mortgagee that has received, or thereafter does receive, insurance proceeds to make such proceeds available to Tenant for completion of the reasonable costs of preservation, stabilization, emergency restoration, reconstruction and repair for the affected Facility.restoration work in 53 ACTIVE/103726432.5 US-DOCS\116344257.8

Appears in 1 contract

Samples: Master Lease (Gaming & Leisure Properties, Inc.)

Insurance Proceeds Paid to Facility Mortgagee. Notwithstanding anything herein to the contrary, in the event that any Facility Mortgagee is entitled to any insurance proceeds, or any portion thereof, under the terms of Landlord obtains any Facility Mortgage, the terms of such Facility Mortgage shall provide that any insurance proceeds (except excluding business interruption not allocated to rent expenses proceeds, which shall continue to be payable to Landlord in payment of Rent) may be held by such Facility Mortgagee and retained by Tenant) shall be applied, held applied to the restoration of the Leased Property and/or disbursed to Tenant to permit Tenant to restore the Leased Property, in the manner required by Section 14.2 and other applicable provisions of this Master Lease and may not be applied by such Facility Mortgagee to the indebtedness secured by the Facility Mortgage, provided that Tenant satisfies each of the following conditions to the reasonable satisfaction of Landlord and such Facility Mortgagee: (a) at the time of the related casualty, there shall exist no Event of Default; (b) the Leased Property affected by such casualty shall be capable of being restored to the condition required by Section 14.2; (c) Tenant shall demonstrate to Landlord’s and such Facility Mortgagee’s reasonable satisfaction Tenant’s ability to pay the Rent coming due during such repair or restoration period (after taking into account proceeds from business interruption insurance carried by Xxxxxx); (d) Tenant shall have provided to Landlord and such Facility Mortgagee all of the following: (i) an architect’s contract with an architect reasonably acceptable to Landlord and such Facility Mortgagee; (ii) complete plans and specifications for the restoration of the affected portions of the Leased Property, which plans and specifications shall cause the Leased Property to be restored or reconstructed to the condition required under Section 14.2; provided, however, Tenant agrees to incorporate Landlord’s reasonable comments to such plans and specifications; (iii) fixed-price or guaranteed maximum cost construction contracts with contractors reasonably acceptable to Landlord and such Facility Mortgagee for completion of the restoration work in accordance with the terms aforementioned plans and specifications; (iv) such additional funds (if any) as are necessary from time to time, in Landlord’s and such Facility Mortgagee’s reasonable opinion, to complete the restoration pursuant to the plans and specifications and in the condition required under Section 14.2; and (v) copies of all permits, licenses and approvals necessary to complete the Facility Mortgage but in all events subject to Tenant’s right to such insurance proceeds (including Tenant’s right to receive all insurance proceeds for a Casualty Event less than One Hundred Million Dollars ($100,000,000) restoration in accordance with Section 14.1the plans and specifications and all Legal Requirements; (e) Tenant shall, promptly following the related casualty, diligently pursue all items required pursuant to clause (d) above and, after obtaining and providedproviding the same to Landlord and any Facility Mortgagee, that, shall promptly commence and diligently pursue such work to completion; (f) Tenant shall complete (and shall provide to Landlord and any Facility Mortgagee such documentation evidencing the same) the restoration on or before the earliest to occur of (i) in the event of a Casualty Event involving proceeds of One Hundred Million Dollars three ($100,000,0003) or more where Tenant elects within twelve (12) months of years after the date of the relevant Casualty Event to restore related casualty, and (ii) the affected Facility and Tenant reasonably demonstrates expiration of the Term (provided, however, in the event that such restoration can or reconstruction cannot be reasonably completed within four (4) years prior to the expiration of the date on which Tenant can reasonably access Term, the Facility for deadline imposed under this subclause (iii) shall include any properly exercised Renewal Term); (g) the purpose of commencing restoration (Property and the use thereof after the date of such Casualty Event but without regard restoration will be in compliance with all applicable Legal Requirements; (h) Tenant shall promptly deliver to the date on which Tenant elects to restore the affected Facility), or (ii) in the event of a Casualty Event involving proceeds of One Hundred Million Dollars ($100,000,000) or more where Tenant is required by this Master Lease to restore the affected Facility, Landlord will cause, subject to Section 14.2(e), and any Facility Mortgagee that has receivedall certificates of occupancy, lien waivers and such other documentation reasonably requested by Landlord or thereafter does receive, insurance proceeds any Facility Mortgagee in connection with the restoration and reconstruction of the Leased Property; and (i) Tenant agrees to make comply with any commercially reasonable draw or other disbursement requirements imposed by any such proceeds available to Tenant for the reasonable costs of preservation, stabilization, emergency restoration, reconstruction and repair for the affected FacilityFacility Mortgagee.

Appears in 1 contract

Samples: Master Lease (Gaming & Leisure Properties, Inc.)

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Insurance Proceeds Paid to Facility Mortgagee. Notwithstanding anything herein to the contrary, in the event that any Facility Mortgagee is entitled to any insurance proceeds, or any portion thereof, under the terms of Landlord obtains any Facility Mortgage, the terms of such Facility Mortgage shall provide that any insurance proceeds (except excluding business interruption not allocated to rent expenses proceeds, which shall continue to be payable to Landlord in payment of Rent) may be held by such Facility Mortgagee and retained shall be applied to the restoration of the Leased Property and/or disbursed to Tenant to permit Tenant to restore the Leased Property, in the manner required by Section 14.2 and other applicable provisions of this Master Lease and may not be applied by such Facility Mortgagee to the indebtedness secured by the Facility Mortgage, provided that Tenant satisfies each of the following conditions to the reasonable satisfaction of Landlord and such Facility Mortgagee: (a) at the time of the related casualty, there shall exist no |US-DOCS\126208570.12|| Event of Default; (b) the Leased Property affected by such casualty shall be capable of being restored to the condition required by Section 14.2; (c) Tenant shall demonstrate to Landlord’s and such Facility Mortgagee’s reasonable satisfaction Tenant’s ability to pay the Rent coming due during such repair or restoration period (after taking into account proceeds from business interruption insurance carried by Tenant); (d) Tenant shall have provided to Landlord and such Facility Mortgagee all of the following: (i) an architect’s contract with an architect reasonably acceptable to Landlord and such Facility Mortgagee; (ii) complete plans and specifications for the restoration of the affected portions of the Leased Property, which plans and specifications shall cause the Leased Property to be appliedrestored or reconstructed to the condition required under Section 14.2; provided, held and/or disbursed however, Tenant agrees to incorporate Landlord’s reasonable comments to such plans and specifications; (iii) fixed-price or guaranteed maximum cost construction contracts with contractors reasonably acceptable to Landlord and such Facility Mortgagee for completion of the restoration work in accordance with the terms aforementioned plans and specifications; (iv) such additional funds (if any) as are necessary from time to time, in Landlord’s and such Facility Mortgagee’s reasonable opinion, to complete the restoration pursuant to the plans and specifications and in the condition required under Section 14.2; and (v) copies of all permits, licenses and approvals necessary to complete the Facility Mortgage but in all events subject to Tenant’s right to such insurance proceeds (including Tenant’s right to receive all insurance proceeds for a Casualty Event less than One Hundred Million Dollars ($100,000,000) restoration in accordance with Section 14.1the plans and specifications and all Legal Requirements; (e) Tenant shall, promptly following the related casualty, diligently pursue all items required pursuant to clause (d) above and, after obtaining and providedproviding the same to Landlord and any Facility Mortgagee, that, shall promptly commence and diligently pursue such work to completion; (f) Tenant shall complete (and shall provide to Landlord and any Facility Mortgagee such documentation evidencing the same) the restoration on or before the earliest to occur of (i) in the event of a Casualty Event involving proceeds of One Hundred Million Dollars three ($100,000,0003) or more where Tenant elects within twelve (12) months of years after the date of the relevant Casualty Event to restore related casualty, and (ii) the affected Facility and Tenant reasonably demonstrates expiration of the Term (provided, however, in the event that such restoration can or reconstruction cannot be reasonably completed within four (4) years prior to the expiration of the date on which Tenant can reasonably access Term, the Facility for deadline imposed under this subclause (iii) shall include any properly exercised Renewal Term); (g) the purpose of commencing restoration (Property and the use thereof after the date of such Casualty Event but without regard restoration will be in compliance with all applicable Legal Requirements; (h) Tenant shall promptly deliver to the date on which Tenant elects to restore the affected Facility), or (ii) in the event of a Casualty Event involving proceeds of One Hundred Million Dollars ($100,000,000) or more where Tenant is required by this Master Lease to restore the affected Facility, Landlord will cause, subject to Section 14.2(e), and any Facility Mortgagee that has receivedall certificates of occupancy, lien waivers and such other documentation reasonably requested by Landlord or thereafter does receive, insurance proceeds any Facility Mortgagee in connection with the restoration and reconstruction of the Leased Property; and (i) Tenant agrees to make comply with any commercially reasonable draw or other disbursement requirements imposed by any such proceeds available to Tenant for the reasonable costs of preservation, stabilization, emergency restoration, reconstruction and repair for the affected FacilityFacility Mortgagee.

Appears in 1 contract

Samples: Master Lease (Caesars Entertainment, Inc.)

Insurance Proceeds Paid to Facility Mortgagee. Notwithstanding anything herein to the contrary, in the event that any Facility Mortgagee is entitled to any insurance proceeds, or any portion thereof, under the terms of Landlord obtains any Facility Mortgage, the terms of such Facility Mortgage shall provide that any insurance proceeds (except excluding business interruption not allocated to rent expenses proceeds, which shall continue to be payable to Landlord in payment of Rent) may be held by such Facility Mortgagee and retained shall be applied to the restoration of the Leased Property and/or disbursed to Tenant to permit Tenant to restore the Leased Property, in the manner required by Section 14.2 and other applicable provisions of this Master Lease and may not be applied by such Facility Mortgagee to the indebtedness secured by the Facility Mortgage, provided that Tenant satisfies each of the following conditions to the reasonable satisfaction of Landlord and such Facility Mortgagee: (a) at the time of the related casualty, there shall exist no Event of Default; (b) the Leased Property affected by such casualty shall be capable of being restored to the condition required by Section 14.2; (c) Tenant shall demonstrate to Landlord’s and such Facility Mortgagee’s reasonable satisfaction Tenant’s ability to pay the Rent coming due during such repair or restoration period (after taking into account proceeds from business interruption insurance carried by Tenant); (d) Tenant shall have provided to Landlord and such Facility Mortgagee all of the following: (i) an architect’s contract with an architect reasonably acceptable to Landlord and such Facility Mortgagee; (ii) complete plans and specifications for the restoration of the affected portions of the Leased Property, which plans and specifications shall cause the Leased Property to be appliedrestored or reconstructed to the condition required under Section 14.2; provided, held and/or disbursed however, Tenant agrees to incorporate Landlord’s reasonable comments to such plans and specifications; (iii) fixed-price or guaranteed maximum cost construction contracts with contractors reasonably acceptable to Landlord and such Facility Mortgagee for completion of the restoration work in accordance with the terms aforementioned plans and specifications; (iv) such additional funds (if any) as are necessary from time to time, in Landlord’s and such Facility Mortgagee’s reasonable opinion, to complete the restoration pursuant to the plans and specifications and in the condition required under Section 14.2; and (v) copies of all permits, licenses and approvals necessary to complete the Facility Mortgage but in all events subject to Tenant’s right to such insurance proceeds (including Tenant’s right to receive all insurance proceeds for a Casualty Event less than One Hundred Million Dollars ($100,000,000) restoration in accordance with Section 14.1the plans and specifications and all Legal Requirements; (e) Tenant shall, promptly following the related casualty, diligently pursue all items required pursuant to clause (d) above and, after obtaining and providedproviding the same to Landlord and any Facility Mortgagee, that, shall promptly commence and diligently pursue such work to completion; (f) Tenant shall complete (and shall provide to Landlord and any Facility Mortgagee such documentation evidencing the same) the restoration on or before the earliest to occur of (i) in the event of a Casualty Event involving proceeds of One Hundred Million Dollars ($100,000,000) or more where Tenant elects within twelve (12) months of the date of the relevant Casualty Event to restore the affected Facility and Tenant reasonably demonstrates that such restoration can be completed within four (4) years of the date on which Tenant can reasonably access the Facility for the purpose of commencing restoration (after the date of such Casualty Event but without regard to the date on which Tenant elects to restore the affected Facility), or (ii) in the event of a Casualty Event involving proceeds of One Hundred Million Dollars ($100,000,000) or more where Tenant is required by this Master Lease to restore the affected Facility, Landlord will cause, subject to Section 14.2(e), any Facility Mortgagee that has received, or thereafter does receive, insurance proceeds to make such proceeds available to Tenant for the reasonable costs of preservation, stabilization, emergency restoration, reconstruction and repair for the affected Facility.three

Appears in 1 contract

Samples: Master Lease (Eldorado Resorts, Inc.)

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