Common use of Obligation to Repair and Restore Damage Due to Casualty Covered by Insurance Clause in Contracts

Obligation to Repair and Restore Damage Due to Casualty Covered by Insurance. Subject to Section 9.3.4 below, if Phase A of the Apartment Complex shall be totally or partially destroyed or rendered wholly or partly uninhabitable by fire or other casualty required to be insured against by Tenant, Tenant shall promptly proceed to obtain insurance proceeds and take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of Phase A of the Apartment Complex to substantially the same condition as of Phase A of the Apartment Complex is required to be constructed pursuant to this Ground Lease, if and to the extent the insurance proceeds are sufficient to cover the actual cost of repair, replacement, or restoration, and Tenant shall complete the same as soon as possible thereafter so that Phase A of the Apartment Complex can be occupied in accordance with this Ground Lease. Subject to force majeure delays pursuant to Article 23 hereof, in no event shall the repair, replacement, or restoration period exceed twenty-four (24) months from the date Tenant obtains insurance proceeds unless Executive Director, in her reasonable discretion, approves a longer period of time. Landlord shall cooperate with Tenant, at no expense to Landlord, in obtaining any governmental permits required for the repair, replacement, or restoration. If, however, the then existing laws of any other governmental agencies with jurisdiction over the Property do not permit the repair, replacement, or restoration, Tenant may elect not to repair, replace, or restore Phase A of the Apartment Complex by giving notice to Landlord (in which event Tenant will be entitled to all insurance proceeds but Tenant shall be required to remove all debris from the applicable portion of the Property) or Tenant may reconstruct such other improvements on the Property as are consistent with applicable land use regulations and approved by the City, Landlord and Agency and the other governmental agency or agencies with jurisdiction.

Obligation to Repair and Restore Damage Due to Casualty Covered by Insurance. Subject to Section 9.3.4 below, if Phase A B of the Apartment Complex shall be totally or partially destroyed or rendered wholly or partly uninhabitable by fire or other casualty required to be insured against by Tenant, Tenant shall promptly proceed to obtain insurance proceeds and take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of Phase A B of the Apartment Complex to substantially the same condition as of Phase A B of the Apartment Complex is required to be constructed pursuant to this Ground Lease, if and to the extent the insurance proceeds are sufficient to cover the actual cost of repair, replacement, or restoration, and Tenant shall complete the same as soon as possible thereafter so that Phase A B of the Apartment Complex can be occupied in accordance with this Ground Lease. Subject to force majeure delays pursuant to Article 23 hereof, in no event shall the repair, replacement, or restoration period exceed twenty-four (24) months from the date Tenant obtains insurance proceeds unless Executive Director, in her reasonable discretion, approves a longer period of time. Landlord shall cooperate with Tenant, at no expense to Landlord, in obtaining any governmental permits required for the repair, replacement, or restoration. If, however, the then existing laws of any other governmental agencies with jurisdiction over the Property do not permit the repair, replacement, or restoration, Tenant may elect not to repair, replace, or restore Phase A B of the Apartment Complex by giving notice to Landlord (in which event Tenant will be entitled to all insurance proceeds but Tenant shall be required to remove all debris from the applicable portion of the Property) or Tenant may reconstruct such other improvements on the Property as are consistent with applicable land use regulations and approved by the City, Landlord and Agency Agency, and the other governmental agency or agencies with jurisdiction.

Obligation to Repair and Restore Damage Due to Casualty Covered by Insurance. Subject to Section 9.3.4 307.4 below, if Phase A of the Apartment Complex shall be totally or partially destroyed or rendered wholly or partly uninhabitable by fire or other casualty required to be insured against by TenantDeveloper, Tenant Developer shall promptly proceed to obtain insurance proceeds and take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of Phase A of the Apartment Complex to substantially the same condition as of Phase A of the Apartment Complex is required to be constructed pursuant to this Ground LeaseAgreement, if and to the extent the insurance proceeds are sufficient to cover the actual cost of repair, replacement, or restoration, and Tenant Developer shall complete the same as soon as possible thereafter so that Phase A of the Apartment Complex can be occupied in accordance with this Ground LeaseAgreement. Subject to force majeure delays pursuant to Article 23 Section 503 hereof, in no event shall the repair, replacement, or restoration period exceed twenty-four one (241) months year from the date Tenant Developer obtains insurance proceeds unless Authority’s Executive Director, in her reasonable discretion, approves a longer period of time. Landlord Authority shall cooperate with TenantDeveloper, at no expense to LandlordAuthority, in obtaining any governmental permits required for the repair, replacement, or restoration. If, however, the then then- existing laws of any other governmental agencies with jurisdiction over the Property Site do not permit the repair, replacement, or restoration, Tenant Developer may elect not to repair, replace, or restore Phase A of the Apartment Complex by giving notice to Landlord Authority (in which event Tenant Developer will be entitled to all insurance proceeds but Tenant Developer shall be required to remove all debris from the applicable portion of the PropertySite) or Tenant Developer may reconstruct such other improvements on the Property Site as are consistent with applicable land use regulations and approved by the City, Landlord Authority and Agency Agency, and the other governmental agency or agencies with jurisdiction.

Obligation to Repair and Restore Damage Due to Casualty Covered by Insurance. Subject to Section 9.3.4 306.4 below, as to each Project, if Phase A of the Apartment Complex either Project shall be totally or partially destroyed or rendered wholly or partly uninhabitable by fire or other casualty required to be insured against by TenantDeveloper, Tenant Developer shall promptly proceed to obtain insurance proceeds and take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of Phase A of the Apartment Complex applicable Project to substantially the same condition as of Phase A of the Apartment Complex applicable Project is required to be constructed pursuant to this Ground LeaseAgreement, if and to the extent the insurance proceeds are sufficient to cover the actual cost of repair, replacement, or restoration, and Tenant Developer shall complete the same as soon as possible thereafter so that Phase A of the Apartment Complex applicable Project can be occupied in accordance with this Ground LeaseAgreement. Subject to force majeure delays pursuant to Article 23 Section 603 hereof, in no event shall the repair, replacement, or restoration period exceed twenty-four one (241) months year from the date Tenant Developer obtains insurance proceeds unless Authority’s Executive Director, in her reasonable discretion, approves a longer period of time. Landlord Authority shall cooperate with TenantDeveloper, at no expense to LandlordAuthority, in obtaining any governmental permits required for the repair, replacement, or restoration. If, however, the then then-existing laws of any other governmental agencies with jurisdiction over the Property Site do not permit the repair, replacement, or restoration, Tenant Developer may elect not to repair, replace, or restore Phase A of the Apartment Complex applicable Project by giving notice to Landlord Authority (in which event Tenant Developer will be entitled to all insurance proceeds but Tenant Developer shall be required to remove all debris from the applicable portion of the PropertySite) or Tenant Developer may reconstruct such other improvements on the Property Site as are consistent with applicable land use regulations and approved by the City, Landlord and Agency Authority and the other governmental agency or agencies with jurisdiction.

Obligation to Repair and Restore Damage Due to Casualty Covered by Insurance. Subject to Section 9.3.4 12.3 below, if Phase A of the Apartment Complex shall be Improvements are totally or partially destroyed or rendered wholly or partly uninhabitable by fire or other casualty required to be insured against by Tenantcasualty, Tenant shall promptly proceed to obtain insurance proceeds and take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of Phase A the Improvements (and any parts of the Apartment Complex Premises and the Xxxxxxx X. Xxxxxxxx School Property collaterally damaged by said fire or casualty) to substantially the same condition as of Phase A of the Apartment Complex is required to be constructed pursuant to this Ground Lease, if and existed immediately prior to the extent the casualty, whether or not any insurance proceeds are sufficient to cover the actual cost of repair, replacement, or restoration, and restoration . Tenant shall be solely responsible for any costs exceeding any insurance proceeds. Tenant shall complete the same as soon as possible thereafter so that Phase A of the Apartment Complex Improvements and Programs can continue to be operated and occupied in accordance with this Ground the Lease. Subject to force majeure delays pursuant to Article 23 hereof, in In no event shall the repair, replacement, or restoration period exceed twenty-four one (24I) months year from the date Tenant obtains insurance proceeds of loss unless Executive DirectorLandlord’s Superintendent, or her or his designee, in his or her reasonable sole and absolute discretion, approves a longer period of time. Repair or restoration of any affected portion of the Xxxxxxx X. Xxxxxxxx School Property shall be given priority, at District’s request. Landlord shall cooperate with Tenant, at no expense to Landlord, in obtaining any governmental permits required for the repair, replacement, or restoration. If, however, the then then-existing laws of any other governmental agencies with jurisdiction over the Xxxxxxx X. Xxxxxxxx School Property and Premises do not permit the repair, replacement, or restoration, Tenant may elect not to repair, replace, or restore Phase A of the Apartment Complex Improvements by giving notice to Landlord (in which event Tenant will be entitled to all insurance proceeds but Tenant shall be required to remove all debris from the applicable portion Xxxxxxx X. Xxxxxxxx School Property and the Premises and to restore the Brief Description Property and Premises to approximately their original condition on the date of the Propertythis Lease) or Tenant may reconstruct such other improvements on the Property Improvements as are consistent with applicable land use regulations and approved by the City, Landlord and Agency Landlord, and the other governmental agency or agencies with jurisdictionjurisdiction . In the event Tenant elects not to repair, replace, or restore, and gives Landlord notice of such election as provided herein, this Lease shall terminate.

Obligation to Repair and Restore Damage Due to Casualty Covered by Insurance. Subject to Section 9.3.4 belowthe provisions below and to the rights of the Lender or any replacement primary Lender, if Phase A of the Apartment Complex Project shall be totally or partially destroyed or rendered wholly or partly uninhabitable by fire or other casualty required to be insured against by TenantDeveloper, Tenant Developer shall promptly proceed to obtain insurance proceeds and take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of Phase A of the Apartment Complex Project improvements to substantially the same condition as of Phase A of the Apartment Complex is required Project improvements existed immediately prior to be constructed pursuant to this Ground Leasethe casualty, if and to the extent the insurance proceeds are available and sufficient to cover the actual cost of repair, replacement, or restoration, and Tenant Developer shall complete the same as soon as possible thereafter so that Phase A of the Apartment Complex Project Improvements can be occupied in accordance with this Ground LeaseAgreement. Subject to force majeure delays pursuant to Article 23 hereofas set forth in Section 1505 of the Affordable Housing Agreement, in no event shall the repair, replacement, or restoration period exceed twenty-four two (242) months years from the date Tenant Developer obtains insurance proceeds unless Executive DirectorCity Manager, in his or her reasonable discretion, approves a longer period of time. Landlord City shall cooperate with TenantDeveloper, at no expense to LandlordCity, in obtaining any governmental permits required for the repair, replacement, or restoration. If, however, the then then-existing laws of any other governmental agencies with jurisdiction over the Property Site do not permit the repair, replacement, or restoration, Tenant Developer may elect not to repair, replace, or restore Phase A of the Apartment Complex Project Improvements by giving notice to Landlord City (in which event Tenant Developer will be entitled to all insurance ATTACHMENT NO. 6 REGULATORY AGREEMENT proceeds but Tenant Developer shall be required to remove all debris from the applicable portion of the PropertySite) or Tenant Developer may reconstruct such other improvements on the Property Site as are consistent with applicable land use regulations and approved by the City, Landlord and Agency in its reasonable discretion, and the other governmental agency or agencies with jurisdiction.