Common use of Insured Casualty Clause in Contracts

Insured Casualty. 14.2.1 If the Leased Property and/or any Capital Additions of a Facility are damaged or destroyed from a risk covered by insurance carried by Lessee such that such Facility thereby is rendered Unsuitable for its Primary Intended Use, Lessee shall either (i) restore such Leased Property to substantially the same condition as existed immediately before such damage or destruction, or (ii) offer to acquire the Leased Property of such Facility from Lessor for a purchase price equal to the greater of (y) the Minimum Repurchase Price or (z) the Fair Market Value immediately prior to such damage or destruction. If Lessor does not accept Xxxxxx's offer to so purchase the Leased Property of such Facility, Lessee may either withdraw such offer and proceed to restore the Leased Property of such Facility to substantially the same condition as existed immediately before such damage or destruction or terminate the Lease in which event Lessor shall be entitled to retain the insurance proceeds. 14.2.2 If the Leased Property and/or any Capital Additions of a Facility are damaged from a risk covered by insurance carried by Lessee, but such Facility is not thereby rendered Unsuitable for its Primary Intended Use, Lessee shall restore such Leased Property to substantially the same condition as existed immediately before such damage. Such damage shall not terminate this Lease; provided, however, that if Lessee cannot within a reasonable time after diligent efforts obtain the necessary government approvals needed to restore and operate such Facility for its Primary Intended Use, Lessee may offer to purchase the Leased Property of such Facility for a purchase price equal to the greater of the Minimum Repurchase Price of such Facility or the Fair Market Value of such Facility immediately prior to such damage. If Lessee shall make such offer and Lessor does not accept the same, Lessee may either withdraw such offer and proceed to restore the Leased Property of such Facility to substantially the same condition as existed immediately before such damage or destruction, or terminate the Lease with respect to such Facility, in which event Lessor shall be entitled to retain the insurance proceeds. 14.2.3 If the cost of the repair or restoration exceeds the amount of proceeds received by Lessor from the insurance required to be carried hereunder, Lessee shall contribute any excess amounts needed to restore such Facility. Such difference shall be paid by Lessee to Lessor together with any other insurance proceeds, for application to the cost of repair and restoration. 14.2.4 If Lessor accepts Xxxxxx's offer to purchase the Leased Property of a Facility, this Lease shall terminate as to such Facility upon payment of the purchase price and Lessor shall remit to Lessee all insurance proceeds pertaining to the Leased Property of such Facility, including insurance proceeds pertaining to Capital Additions and Lessee's Personal Property, then held by Lessor.

Insured Casualty. 14.2.1 If the Leased Property and/or any Capital Additions of a Facility are damaged or destroyed from a risk covered by insurance carried by Lessee such that such Facility thereby is rendered Unsuitable for its Primary Intended Use, Lessee shall either (i) restore such Leased Property and such Capital Additions to substantially the same condition as existed immediately before such damage or destructiondestruction and Lessor shall, pursuant to the terms of Section 14.1 above, make available to Lessee from time to time the insurance proceeds received by Lessor on account of such damage or destruction to the extent necessary for the reasonable costs of such restoration, or (ii) offer to acquire the Leased Property of such Facility from Lessor for a purchase price equal to the greater of (y) the Minimum Repurchase Price or (za) the Fair Market Value for such Facility immediately prior to such damage or destruction, or (b) the Allocated Minimum Purchase Price for such Facility. If Lessor does not accept Xxxxxx's ’s offer to so purchase the Leased Property of such Facility, Lessee may either withdraw such offer and proceed to restore the Leased Property of such Facility to substantially the same condition as existed immediately before such damage or destruction or terminate the this Lease in which event Lessor shall be entitled to retain the insurance proceeds. 14.2.2 If the Leased Property and/or any Capital Additions of a Facility are damaged from a risk covered by insurance carried by Lessee, but such Facility is not thereby rendered Unsuitable for its Primary Intended Use, Lessee shall restore such Leased Property and such Capital Additions to substantially the same condition as existed immediately before such damagedamage and Lessor shall, pursuant to the terms of Section 14.1 above, make available to Lessee from time to time the insurance proceeds received by Lessor on account of such damage or destruction to the extent necessary for the reasonable costs of such restoration. Such damage shall not terminate this Lease; provided, however, that if Lessee cannot within a reasonable time after diligent efforts obtain the necessary government approvals needed to restore and operate such Facility for its Primary Intended Use, Lessee may offer to purchase the Leased Property of such Facility for a purchase price equal to the greater of the Minimum Repurchase Price of such Facility or (a) the Fair Market Value of for such Facility immediately prior to such damagedamage or destruction or (b) the Allocated Minimum Purchase Price for such Facility. If Lessee shall make such offer and Lessor does not accept the same, Lessee may either (i) withdraw such offer and proceed to restore the Leased Property of such Facility to substantially the same condition as existed immediately before such damage or destructiondestruction and in such event Lessor shall, pursuant to the terms of Section 14.1 above, make available to Lessee from time to time the insurance proceeds received by Lessor on account of such damage or destruction to the extent necessary for the reasonable costs of such restoration, or (ii) terminate the Lease with respect to such Facility, in which event Lessor shall be entitled to retain the insurance proceeds. 14.2.3 If the cost of the repair or restoration of a Facility exceeds the amount of proceeds received by Lessor from the insurance required to be carried hereunder, Lessee shall contribute any excess amounts amounts, as well as any deductibles or retentions, needed to restore such Facility. Such difference shall be paid by Lessee to Lessor together with any other insurance proceeds, for application to the cost of repair and restoration. 14.2.4 If Lessor accepts Xxxxxx's ’s offer to purchase the Leased Property of a Facility, this Lease shall terminate as to such Facility upon payment of the purchase price and Lessor shall remit to Lessee all insurance proceeds pertaining to the Leased Property of such Facility, including insurance proceeds pertaining to Capital Additions and Lessee's Personal Property, Facility then held by Lessor.

Insured Casualty. 14.2.1 If the Leased Property and/or any Capital Additions of a Facility are is damaged or destroyed from a risk covered by insurance carried by Lessee such that such the Facility thereby is rendered Unsuitable for its Primary Intended Use, Lessee shall either (i) restore such the Leased Property to substantially the same condition as existed immediately before such damage or destructiondestruction in accordance with the provisions of Section 14.1, or (ii) offer to acquire the Leased Property of such Facility from Lessor for a purchase price equal to the greater of (y) the Minimum Repurchase Price or (z) the Fair Market Value immediately prior to such damage or destruction. If Lessor does not accept XxxxxxLessee's offer to so purchase the Leased Property of such FacilityProperty, Lessee may either withdraw such offer and proceed to restore the Leased Property in accordance with the provisions of such Facility Section 14.1 to substantially the same condition as existed immediately before such damage or destruction or terminate the Lease in which event Lessor shall be entitled to retain the insurance proceeds. 14.2.2 If the Leased Property and/or any Capital Additions of a Facility are is damaged from a risk covered by insurance carried by Lessee, but such the Facility is not thereby rendered Unsuitable for its Primary Intended Use, Lessee shall restore such the Leased Property to substantially the same condition as existed immediately before such damagedamage in accordance with the provisions of Section 14. 1. Such damage shall not terminate this Lease; provided, however, that if Lessee cannot within a reasonable time after diligent efforts obtain the necessary government approvals needed to restore and operate such the Facility for its Primary Intended Use, Lessee may offer to purchase the Leased Property of such Facility for a purchase price equal to the greater of the Minimum Repurchase Price of such Facility or the Fair Market Value of such Facility immediately prior to such damage. If Lessee shall make such offer and Lessor does not accept the same, Lessee may either withdraw such offer and proceed to restore the Leased Property of such Facility to substantially the same condition as existed immediately before such damage or destructiondestruction in accordance with the provisions of Section 14.1, or terminate the Lease with respect to such FacilityLease, in which event Lessor shall be entitled to retain the insurance proceeds. 14.2.3 If the cost of the repair or restoration exceeds the amount of proceeds received by Lessor from the insurance required to be carried hereunder, Lessee shall contribute any excess amounts needed to restore such the Facility. Such difference shall be paid by Lessee to Lessor together with any other insurance proceeds, for application to the cost of repair and restoration. 14.2.4 If Lessor accepts XxxxxxLessee's offer to purchase the Leased Property of a FacilityProperty, this Lease shall terminate as to such Facility the Leased Property upon payment of the purchase price and Lessor shall remit to Lessee all insurance proceeds pertaining to the Leased Property of such Facility, including insurance proceeds pertaining to Capital Additions and Lessee's Personal Property, then held by Lessor. The provisions of Section 44.6 below shall apply with respect to any such termination of the Lease pursuant to this Section 14.2.4.

Insured Casualty. 14.2.1 If the Leased Property and/or any Capital Additions of a Facility are is damaged or destroyed from a risk covered by insurance carried by Lessee such that such the Facility thereby is rendered Unsuitable for its Primary Intended Use, Lessee shall either (i) restore such the Leased Property to substantially the same condition as existed immediately before such damage or destruction, or (ii) offer to acquire the Leased Property of such Facility from Lessor for a purchase price equal to the greater of (y) the Minimum Repurchase Price or (z) the Fair Market Value immediately prior to such damage or destruction. If Lessor does not accept XxxxxxLessee's offer to so purchase the Leased Property of such FacilityProperty, Lessee may either withdraw such offer and proceed to restore the Leased Property of such Facility to substantially the same condition as existed immediately before such damage or destruction or terminate the Lease in which event Lessor shall be entitled to retain the insurance proceeds. Upon any such early termination of this Lease, the provisions of Section 44.6 shall apply. 14.2.2 If the Leased Property and/or any Capital Additions of a Facility are is damaged from a risk covered by insurance carried by Lessee, but such the Facility is not thereby rendered Unsuitable for its Primary Intended Use, Lessee shall restore such the Leased Property to substantially the same condition as existed immediately before such damage. Such damage shall not terminate this Lease; provided, however, that if Lessee cannot within a reasonable time after diligent efforts obtain the necessary government approvals needed to restore and operate such the Facility for its Primary Intended Use, Lessee may offer to purchase the Leased Property of such Facility for a purchase price equal to the greater of (y) the Minimum Repurchase Price of such Facility or (z) the Fair Market Value of such Facility immediately prior to such damage. If Lessee shall make such offer and Lessor does not accept the same, Lessee may either withdraw such offer and proceed to restore the Leased Property of such Facility to substantially the same condition as existed immediately before such damage or destruction, or terminate the Lease with respect to such FacilityLease, in which event Lessor shall be entitled to retain the insurance proceeds. Upon any such early termination of this Lease, the provisions of Section 44.6 shall apply. 14.2.3 If the cost of the repair or restoration exceeds the amount of proceeds received by Lessor from the insurance required to be carried hereunder, Lessee shall contribute any excess amounts needed to restore such the Facility. Such difference shall be paid by Lessee to Lessor together with any other insurance proceeds, for application to the cost of repair and restorationrestoration and disbursement to Lessee in accordance with the provisions of Section 14.1. 14.2.4 If Lessor accepts XxxxxxLessee's offer to purchase the Leased Property pursuant to either of a FacilitySection 14.2.1 or 14.2.2, as applicable, this Lease shall terminate as to such Facility the Leased Property upon payment of the purchase price and Lessor shall remit to Lessee all insurance proceeds pertaining to the Leased Property of such Facility, including insurance proceeds pertaining to Capital Additions and Lessee's Personal Property, then held by Lessor.

Insured Casualty. 14.2.1 If the Leased Property and/or any Capital Additions of a Facility are damaged or destroyed from a risk covered by insurance carried by Lessee such that such Facility thereby is rendered Unsuitable for its Primary Intended Use, Lessee shall either (i) restore such Leased Property and such Capital Additions to substantially the same condition as existed immediately before such damage or destructiondestruction and Lessor shall, pursuant to the terms of Section 14.1 above, make available to Lessee from time to time the insurance proceeds received by Lessor on account of such damage or destruction to the extent necessary for the reasonable costs of such restoration, or (ii) offer to acquire the Leased Property of such Facility from Lessor for a purchase price equal to the greater of (y) the Minimum Repurchase Price or (za) the Fair Market Value for such Facility immediately prior to such damage or destruction, or (b) the Allocated Minimum Purchase Price for such Facility. If Lessor does not accept Xxxxxx's Lxxxxx’s offer to so purchase the Leased Property of such Facility, Lessee may either withdraw such offer and proceed to restore the Leased Property of such Facility to substantially the same condition as existed immediately before such damage or destruction or terminate the this Lease in which event Lessor shall be entitled to retain the insurance proceeds. 14.2.2 If the Leased Property and/or any Capital Additions of a Facility are damaged from a risk covered by insurance carried by Lessee, but such Facility is not thereby rendered Unsuitable for its Primary Intended Use, Lessee shall restore such Leased Property and such Capital Additions to substantially the same condition as existed immediately before such damagedamage and Lessor shall, pursuant to the terms of Section 14.1 above, make available to Lessee from time to time the insurance proceeds received by Lessor on account of such damage or destruction to the extent necessary for the reasonable costs of such restoration. Such damage shall not terminate this Lease; provided, however, that if Lessee cannot within a reasonable time after diligent efforts obtain the necessary government approvals needed to restore and operate such Facility for its Primary Intended Use, Lessee may offer to purchase the Leased Property of such Facility for a purchase price equal to the greater of the Minimum Repurchase Price of such Facility or (a) the Fair Market Value of for such Facility immediately prior to such damagedamage or destruction or (b) the Allocated Minimum Purchase Price for such Facility. If Lessee shall make such offer and Lessor does not accept the same, Lessee may either (i) withdraw such offer and proceed to restore the Leased Property of such Facility to substantially the same condition as existed immediately before such damage or destructiondestruction and in such event Lessor shall, pursuant to the terms of Section 14.1 above, make available to Lessee from time to time the insurance proceeds received by Lessor on account of such damage or destruction to the extent necessary for the reasonable costs of such restoration, or (ii) terminate the Lease with respect to such Facility, in which event Lessor shall be entitled to retain the insurance proceeds. 14.2.3 If the cost of the repair or restoration of a Facility exceeds the amount of proceeds received by Lessor from the insurance required to be carried hereunder, Lessee shall contribute any excess amounts amounts, as well as any deductibles or retentions, needed to restore such Facility. Such difference shall be paid by Lessee to Lessor together with any other insurance proceeds, for application to the cost of repair and restoration. 14.2.4 If Lessor accepts Xxxxxx's Lxxxxx’s offer to purchase the Leased Property of a Facility, this Lease shall terminate as to such Facility upon payment of the purchase price and Lessor shall remit to Lessee all insurance proceeds pertaining to the Leased Property of such Facility, including insurance proceeds pertaining to Capital Additions and Lessee's Personal Property, Facility then held by Lessor.

Insured Casualty. 14.2.1 If the Leased Property and/or any Capital Additions of a Facility are damaged or destroyed from a risk covered by insurance required to be carried by Lessee under this Lease such that such the Facility thereby is rendered Unsuitable for its Primary Intended Use, Lessee shall either (i) restore such the Leased Property and such Capital Additions to substantially the same condition as existed immediately before such damage or destruction, or (ii) offer to acquire the Leased Property of such Facility from Lessor for a purchase price equal to the greater of (y) the then Minimum Repurchase Purchase Price or (z) the Fair Market Value immediately prior to such damage or destruction. If Lessor does not accept XxxxxxLessee's offer to so purchase the Leased Property of such Facilitywithin fifteen (15) Business Days after Lessee's receipt thereof, Lessee may either withdraw such offer and proceed to restore the Leased Property of such Facility to substantially the same condition as existed immediately before such damage or destruction or terminate the Lease in which event Lessor shall be entitled to retain the insurance proceeds. 14.2.2 If the Leased Property and/or any Capital Additions of a Facility are damaged from a risk covered by insurance required to be carried by LesseeLessee under this Lease, but such the Facility is not thereby rendered Unsuitable for its Primary Intended Use, Lessee shall restore such the Leased Property and such Capital Additions to substantially the same condition as existed immediately before such damage. Such damage shall not terminate this Lease; provided, however, that if Lessee cannot within a reasonable time after diligent efforts obtain the necessary government approvals needed to restore and operate such the Facility for its Primary Intended Use, Lessee may offer to purchase the Leased Property of such Facility for a purchase price equal to the greater of the then Minimum Repurchase Purchase Price of such Facility or the Fair Market Value of such Facility immediately prior to such damage. If Lessee shall make such offer and Lessor does not accept the samesame within fifteen (15) Business Days after Lessor's receipt thereof, Lessee may by written notice to Lessor at anytime thereafter either withdraw such offer and proceed to restore the Leased Property of such Facility to substantially the same condition as existed immediately before such damage or destruction, or terminate the Lease with respect effective as of the date of such notice to such FacilityLessor, in which event Lessor shall be entitled to retain the insurance proceeds. 14.2.3 If Lessee elects or is required to repair and restore as provided and the cost of the repair or restoration exceeds the amount of proceeds received by Lessor from the insurance required to be carried hereunder, Lessee shall contribute any excess amounts needed to restore such the Facility. Such difference shall be paid by Lessee to Lessor together with any other insurance proceeds, for application to the cost of repair and restoration. 14.2.4 If Lessor accepts XxxxxxLessee's offer to purchase the Leased Property of a FacilityProperty, this Lease shall terminate as to such Facility the Leased Property upon payment of the purchase price and Lessor shall remit to Lessee all insurance proceeds pertaining to the Leased Property of such Facility, including insurance proceeds pertaining to Capital Additions and Lessee's Personal Property, then held by Lessor.