Obligation to reinstate. If Project Operator elects to reinstate the Project following a Major Casualty Event, Project Operator must:
Obligation to reinstate. Where the Operator elects to reinstate the Facility following a Reinstatement Event, the Operator must: ensure that the repair and/or reinstatement results in the Facility being able to achieve or exceed the Performance Requirements; and apply the proceeds of any insurance payment received in respect of any loss, damage or destruction to the Facility to the repair or reinstatement of the Facility. The Operator must comply with its obligations under this clause 20.4: promptly and diligently, without unnecessary or unreasonable delay in the relevant circumstances; and in accordance with Good Industry Practice. Change in Law The Operator must notify the Commonwealth within 10 Business Days after becoming aware of any actual or impending Change in Law. Subject to clause 21.2, at any time after the date which is 12 months after the Signing Date, if a Change in Law occurs that prevents or materially interferes with the operation of this Agreement or any of the transactions contemplated by this Agreement, the parties must: use reasonable endeavours to mitigate the effect of the Change in Law; and consider and negotiate in Good Faith any specific amendment to this Agreement (other than to any Annual Payment Cap) requested by a party so as to preserve the efficacy of the operation of this Agreement in the manner intended as at the Signing Date. Subject to the parties rights pursuant to clauses 35 and 36, if the parties are unable to agree any changes to this Agreement as contemplated under clause 21.1(b)(ii), this Agreement will continue to operate in accordance with its terms. This clause 21.1 may operate in conjunction with clause 21.3 but is intended to address amendments to this Agreement other than those relating to Relevant Cost Changes.
Obligation to reinstate. Where the Operator elects to reinstate the Facility following a Reinstatement Event, the Operator must: ensure that the repair and/or reinstatement results in the Facility being able to achieve or exceed the Performance Requirements; and apply the proceeds of any insurance payment received in respect of any loss, damage or destruction to the Facility to the repair or reinstatement of the Facility. The Operator must comply with its obligations under this clause 23.4: promptly and diligently, without unnecessary or unreasonable delay in the relevant circumstances; and in accordance with Good Industry Practice. Change in Law Subject to clause 24.2, at any time after COD, if a Change in Law occurs that prevents or materially interferes with the operation of this Agreement or any of the transactions contemplated by this Agreement, the parties will: use reasonable endeavours to mitigate the effect of the Change in Law; and consider and negotiate in Good Faith any specific amendment to this Agreement requested by a party so as to preserve the efficacy of the operation of this Agreement in the manner intended as at the Signing Date. If the parties are unable to agree any changes to this Agreement as contemplated under clause 24.1(a)(ii), then this Agreement will continue to operate in accordance with its terms. This clause 24.1 may operate in conjunction with clause 24.5 but is intended to address amendments to this Agreement other than those relating to Relevant Cost Changes.
Obligation to reinstate. (a) If Project Operator elects to reinstate the Project following a Major Casualty Event, Project Operator must:
(i) ensure that the repair and/or reinstatement results in the Project being able to achieve or exceed the Performance Requirements; and
(ii) apply the proceeds of any insurance payment received in respect of any loss, damage or destruction to the Project to the repair or reinstatement of the Project.
(b) Project Operator must comply with its obligations under this clause 20.4:
(i) promptly and diligently, without unnecessary or unreasonable delay in the relevant circumstances; and
Obligation to reinstate. (a) Where the Operator elects to reinstate the Facility following a Reinstatement Event, the Operator must:
(i) ensure that the repair and/or reinstatement results in the Facility being able to achieve or exceed the Performance Requirements; and
(ii) apply the proceeds of any insurance payment received in respect of any loss, damage or destruction to the Facility to the repair or reinstatement of the Facility.
(b) The Operator must comply with its obligations under this clause 23.4:
(i) promptly and diligently, without unnecessary or unreasonable delay in the relevant circumstances; and
(ii) in accordance with Good Industry Practice.
Obligation to reinstate. 5.5.2.1 Subject to the provisions of clause 5.5.3, and, if any permissions are required, after they have been obtained, the Tenant must as soon as reasonably practicable apply all money received in respect of the insurance, except sums in respect of loss of the Rent, in rebuilding or reinstating the Premises or as the case may be rebuild or rein- state the Adjoining Conduits, the Accessway or the Car Park (to the extent that the same may have been destroyed or damaged at the same time as the Premises) mak- ing up any difference between the cost of rebuilding and reinstating and the money received out of its own money provided that in the event of substantial damage to or destruction of the Premises by an Insured Risk the above provisions shall have ef- fect as if they obliged the Tenant to rebuild and reinstate the Premises in the form in which they were immediately before the occurrence of the destruction or dam- age but with such modification as
5.5.2.1.1 may be required by any competent authority as a condition of the grant of any of the Permissions,
5.5.2.1.2 the Tenant may make to reflect then current good building practice but so that the Tenant shall in any event provide in the Premises as rebuilt and rein- stated or the Adjoining Conduits, the Accessway or the Car Park rebuild or reinstat- ed accommodation no less convenient and fit for the Tenant’s occupation than that which existed immediately before the occurrence of the destruction of damage
Obligation to reinstate. 5.5.2.1 Subject to the provisions of clause 5.5.3, and, if any permissions are required, after they have been obtained, the Tenant must as soon as reasonably practicable apply all money received in respect of the insurance, except sums in respect of loss of the Rent, in rebuilding or reinstating the Premises or as the case may be rebuild or rein- state the Adjoining Conduits, the Accessway or the Car Park (to the extent that the same may have been destroyed or damaged at the same time as the Premises) mak- ing up any difference between the cost of rebuilding and reinstating and the money received out of its own money provided that in the event of substantial damage to or destruction of the Premises by an Insured Risk the above provisions shall have ef- fect as if they obliged the Tenant to rebuild and reinstate the Premises in the form in which they were immediately before the occurrence of the destruction or dam- age but with such modification as 27865-1 lease to squash club v2 5.7.1627865-1 lease to squash club v2 5 7 16.doc01257021.doc.27865-1 22 lease to Kirkbymoorside Squash Club v1 27.2.15v2 5.7.16.doc
5.5.2.1.1 may be required by any competent authority as a condition of the grant of any of the Permissions,
5.5.2.1.2 the Tenant may make to reflect then current good building practice but so that the Tenant shall in any event provide in the Premises as rebuilt and rein- stated or the Adjoining Conduits, the Accessway or the Car Park rebuild or reinstat- ed accommodation no less convenient and fit for the Tenant’s occupation than that which existed immediately before the occurrence of the destruction of damage
Obligation to reinstate. If and whenever the Premises or any part of them are damaged or destroyed by one or more of the Insured Risks the Tenant must immediately, at the option of the Landlord, either
5.6.1.1 use its best endeavours to obtain the planning permissions or other permits and consents that are required under the Planning Acts or otherwise to enable it to rebuild and reinstate the Premises and apply all money received in respect of the insurance effected pursuant to this Lease, in rebuilding or reinstating the Premises, making up any difference between the cost of rebuilding and reinstating and the money received out of its own money, or
5.6.1.2 (subject to the requirements of the insurers of the Premises) pay to the Landlord on demand all money received in respect of the insurance effected pursuant to this lease in which case either party may serve notice on the other to terminate this Lease and on service of such notice the Term is to cease absolutely but without prejudice to any rights or remedies that may have accrued.
Obligation to reinstate. In the case of destruction or damage of the Premises by any of the Insured Risks or an Uninsured Risk the Tenant will following the issue of the Reinstatement Certificate complete the rebuilding or reinstatement of the Premises by the carrying out of the Fitting Out Works to the reasonable satisfaction of the Landlord employing such architects surveyors and other professional advisers as shall previously be approved in writing by the Landlord and in accordance with plans and specifications previously approved by the Landlord (all such approvals not to be unreasonably withheld or delayed and the Landlord and the Tenant will use all reasonable endeavours to seek to agree the Tenant’s plans and specifications in sufficient advance time so as to permit the Tenant to commence its reinstatement works on the date of the Reinstatement Certificate) (the date of the last such approval being granted in writing being the “Approvals Date”) it being hereby agreed as follows:
Obligation to reinstate. Subject to the provisions of clause 5.6.3
