Common use of Loss or Damage to the Facility Clause in Contracts

Loss or Damage to the Facility. Operator shall be responsible for any physical loss or damage to the Facility resulting from Operator’s gross negligence or willful misconduct in the course of the performance of its obligations under this Agreement, in an amount not to exceed (i) the applicable deductible under Owner’s physical damage insurance policies that covers such loss or damage or (ii) Four Hundred Thousand Dollars ($400,000) for any such loss or damage caused during a given Year.

Loss or Damage to the Facility. Operator shall be responsible for any physical loss or damage to the Facility resulting from Operator’s gross negligence negligence, breach of this Agreement or willful misconduct in the course of the performance of its obligations under this Agreement, in an amount not to exceed for any such loss or damage incurred during a given Year the greater of (i) the applicable deductible under Owner’s physical damage insurance policies that covers such loss or damage or (ii) Four Hundred Thousand Dollars ($400,000) the fees paid to Operator under Article IX for such Year plus a withholding of any fees remaining to be paid for such loss or damage caused during a given Year.

Loss or Damage to the Facility. Operator shall be responsible for any physical loss or damage to the Facility resulting from Operator’s 's gross negligence or willful misconduct in the course of the performance of its obligations under this Agreement, in an amount not to exceed (i) the applicable deductible under Owner’s 's physical damage insurance policies that covers such loss or damage or (ii) Four Hundred Thousand Dollars ($400,000) for any such loss or damage caused during a given Year.