Insured Risks three years' loss of rent insurance;
Insured Risks. If, during the Lease Term, the Leased Premises are totally or partially destroyed from a risk covered by insurance, Landlord shall forthwith repair the Leased Premises to substantially the same condition they were in immediately prior to the destruction provided (a) such repairs can, in Landlord’s opinion, be completed within ninety (90) days under then applicable laws and regulations, (b) proceeds received under such insurance are available to pay ninety percent (90%) or more of the cost of restoration, and (c) Tenant performs its obligations pursuant to Section 17.03 hereof. Within thirty (30) days of any damage affecting the Leased Premises, Landlord will give Tenant notice indicating whether the foregoing requirements (a) and (b) can, in the Landlord’s reasonable opinion, be satisfied. Such destruction shall not annul or void this Lease. During the period of any such repairs the Lease Monthly Rent shall be proportionately reduced to the extent Tenant’s use of the Leased Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord. If such repairs cannot be made in ninety (90) days or if Landlord fails to provide the notice required under this Section 17.02, Tenant may terminate this Lease by written notice to Landlord. Tenant must exercise this termination option, if at all, within thirty (30) days of the date of destruction. If the damage is due to the neglect of Tenant, its employees, agents, invitees or permittees, there shall be no abatement of Lease Monthly Rent. In the event that Landlord does not so elect to make such repairs which cannot be made in ninety (90) days, or such repairs cannot be made under such then existing laws or regulations, this Lease shall terminate. In the event that the Leased Premises are destroyed to the extent of thirty-three percent (33%) or more of the replacement cost thereof or during the last year of the Term, Landlord may elect to terminate this Lease.
Insured Risks. 13.2.1 If, during the Term of this Lease, the Premises is totally or partially destroyed from a risk covered by insurance described in Section 19.2, the City shall forthwith repair the same to substantially the same condition they were in immediately prior to the destruction and to the extent of proceeds received under such insurance, provided such repairs can be made within ninety (90) days under then existing law. Such destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, including but not limited to the foregoing ninety days, such proportionate reduction to be equal to, and granted upon the City’s receipt of, the proceeds received by the City from any rental interruption insurance maintained by Lessee. Such reduction shall be in an amount which bears the same proportion to the minimum monthly rent as the floor area of that portion of the Premises which has been damaged or is otherwise unusable by Lessee bears to the total floor area of the Premises. If such repairs cannot be made in 90 days, the City may, at its option, make same within a reasonable time, this Lease continuing in full force and effect and the rent being proportionately reduced as aforesaid. In the event that the City does not so elect to make such repairs which cannot be made in 90 days, or such repairs cannot be made under such then existing law, this Lease shall terminate.
13.2.2 Notwithstanding any other provision of this Lease, if, at any time during the term of this Lease, the Premises is totally or partially destroyed and (i) the total cost to repair the Premises exceeds One Hundred Thousand Dollars($100,000), or (ii) twenty percent (20%) of the Project is damaged or destroyed (and whether or not any portion of the Premises is also damaged or destroyed), the City may elect to terminate this Lease by written notice to Lessee. Determination of the extent of damage or destruction and the time for effectuating repair shall be made by the City based upon written appraisals and insurance adjustment reports, and shall be final and binding on the Parties.
Insured Risks. A. Commercial Risks (Buyer Risks) (i) PROTRACTED DEFAULT (ii) INSOLVENCY
Insured Risks. Insured Risk means any of the Risks defined herein below and Insured under the Policy-
Insured Risks. If during the term of this Lease the Premises are damaged, destroyed by fire, or by any other risk required to be insured by Landlord under Landlord's Property Insurance, Landlord, shall forthwith proceed to repair or rebuild the same, including any additions or improvements made by Landlord or Tenant, on the same plans and design that existed immediately before such damage or destruction occurred. Materials used in repair and rebuilding shall be as nearly like original materials as may then may reasonably procured through regular channels of supply.
Insured Risks. If following damage or destruction to the Cinema which renders the Property incapable of use and occupation or inaccessible for the purposes permitted under this Lease and if for any reason beyond the control of the Landlord it proves impossible to complete the rebuilding or reinstatement (as the case may be) of the Cinema so as to render the Property fit for use and occupation and accessible again within three years of the occurrence of damage or destruction by an Insured Risk then either party may terminate this Lease by giving notice to that effect at any time after that period of three years to the other.
Insured Risks. In the event the Premises are damaged by fire or other perils covered by Lxxxxxxx’s fire and extended coverage insurance, Landlord shall, as soon as reasonably practical, commence repair, reconstruction and restoration of the Premises and prosecute the same diligently to completion, in which event this Lease shall continue in full force and effect; provided Landlord’s obligations shall not exceed Landlord’s construction obligations at the commencement of the term. If the existing laws do not permit the Premises to be restored to substantially the same condition as they were in immediately before destruction, Landlord may terminate this Lease by giving notice to Tenant prior to the commencement of the work of repair or restoration by Landlord; provided, however, that in any event Landlord shall provide such written notice to Tenant within ninety (90) days after such destruction. In the event of the total destruction of the Premises or in the event of a partial destruction of the Premises (defined as at least thirty three and one third percent (33 1/3%) of the then full replacement cost of the Premises as of the date of destruction) during the last two (2) years of the term hereof, Landlord shall have the option to terminate this Lease upon giving written notice to Tenant within thirty (30) days after such destruction.
Insured Risks. Lxxxxx agrees to maintain at all times, at its sole cost and expense, with insurers having an A.M. Best or comparable agency rating of not less than “A-”:
(i) comprehensive aircraft liability insurance against third-party bodily injury or property damage claims including, contractual liability, premises liability, death and property damage liability, public and passenger legal liability coverage, and sudden accident pollution coverage, in an amount not less than $100,000,000.00 for each single occurrence, and
(ii) personal injury liability in an amount not less than $25,000,000.00; but, in no event shall the amounts of coverage required by sub-clauses (i) and (ii) be less than the coverage amounts as may then be required by Applicable Law;
(b) “all-risk” ground, taxiing, and flight hull insurance on an agreed-value basis, covering the Aircraft, provided that such insurance shall at all times be in an amount not less than the greater of (i) the insured value of the Aircraft (as determined by Lessor), or (ii) the Casualty Value of the Aircraft (each such amount re-determined as of each anniversary of the date hereof for the next succeeding year throughout the term of this Lease); and
(c) war risk and allied perils (including confiscation, appropriation, expropriation, terrorism and hijacking insurance) in the amounts required in paragraphs (a) and (b), as applicable.
Insured Risks. Sublessee agrees to maintain at all times, at its sole cost and expense, with insurers of recognized reputation and responsibility reasonably satisfactory to Lessor and Sublessor (but in no event having an A.M. Best or comparable agency rating of less than “A-”):
(a) (i) comprehensive aircraft liability insurance against bodily injury or property damage claims including, without limitation, contractual liability, premises liability, death and property damage liability, public and passenger legal liability coverage, and sudden accident pollution coverage resulting from a crash or collision of the Aircraft or recorded in flight emergency causing abnormal operating of the Aircraft, in an amount not less than $300,000,000.00 for each single occurrence, and (ii) personal injury liability in an amount not less than $25,000,000.00; but, in no event shall the amounts of coverage required by sub-clauses (i) and (ii) be less than the coverage amounts as may then be required by Applicable Law;
(b) “all-risk” ground, taxiing, and flight hull insurance on an agreed-value basis, covering the Aircraft, provided that such insurance shall at all times be in an amount not less than the Casualty Value of the Aircraft (as set forth in Schedule No. 3); and
(c) war risk and allied perils (including confiscation, appropriation, expropriation, terrorism and hijacking insurance) in the amounts required in paragraphs (a) and (b), as applicable.
