Common use of Project Co’s Obligations - Damage or Destruction Clause in Contracts

Project Co’s Obligations - Damage or Destruction. Subject to Section 6.4, and without prejudice to Section 8, if all or any part of the New Facility is damaged or destroyed, Project Co will repair, replace or restore the part of the New Facility so damaged or destroyed in accordance with the Design and Construction Specifications subject only to: (a) applicable Laws; and (b) the Authority agreeing to pay to Project Co: (1) the amount, if any, by which the cost of such repair, replacement or restoration exceeds the maximum amount of insurance coverage required under this Agreement for such risk; or (2) if no insurance coverage is required under this Agreement for such risk, an amount equal to the total costs of such repair, replacement or restoration, and if the Authority agrees, the Authority will pay such amounts promptly upon receipt of one or more invoices from Project Co indicating that such amounts are due and payable by Project Co in connection with such repair, replacement or restoration. For the purposes of this Section 6.3, the maximum amount of insurance coverage is (1) in respect of insurance required to be obtained by Project Co, the full amount of coverage required under this Agreement for such risk prior to any deductibles for which Project Co is responsible pursuant to Schedule 5 [Insurance Requirements] or (2) in respect of insurance required to be obtained by the Authority, the full amount of applicable Insurance Proceeds and applicable Insurance Receivables plus any deductibles for which Project Co is responsible pursuant to Schedule 5 [Insurance Requirements].

Project Co’s Obligations - Damage or Destruction. Subject to Section 6.4, and without prejudice to Section 8, if all or any part of the New Facility is damaged or destroyeddestroyed before the Service Commencement Date, Project Co will repair, replace or restore the part of the New Facility so damaged or destroyed in accordance with the Design and Construction Specifications subject only to: (a) applicable Laws; and (b) the Authority Owner agreeing to pay to Project Co: (1) the amount, if any, by which the cost of such repair, replacement or restoration exceeds the maximum amount of insurance coverage required under this Agreement for such risk; or (2) if no insurance coverage is required under this Agreement for such risk, an amount equal to the total costs of such repair, replacement or restoration, and if the Authority Owner agrees, the Authority Owner will pay such amounts promptly upon receipt of one or more invoices from Project Co indicating that such amounts are due and payable by Project Co in connection with such repair, replacement or restoration. For the purposes of this Section 6.3, the maximum amount of insurance coverage is (1) in respect of insurance required to be obtained by Project Co, the full amount of coverage required under this Agreement for such risk prior to any deductibles for which Project Co is responsible pursuant to Schedule 5 [Insurance Requirements] or (2) in respect of insurance required to be obtained by the AuthorityOwner, the full amount of applicable Insurance Proceeds and applicable Insurance Receivables plus any deductibles for which Project Co is responsible pursuant to Schedule 5 [Insurance Requirements]).

Project Co’s Obligations - Damage or Destruction. Subject to Section 6.4, and without prejudice to Section 8, if if, at any time prior to the Service Commencement Date, all or any part of the New Facility UDM System is damaged or destroyed, Project Co will repair, replace or restore the part of the New Facility UDM System so damaged or destroyed in accordance with the Design and Construction Specifications subject only to: (a) applicable Laws; and (b) the Authority where such damage or destruction has not occurred due to any act or omission of Project Co or any Project Co Person, PUC agreeing to pay to Project Co: (1) the amount, if any, by which the cost of such repair, replacement or restoration exceeds the maximum amount of insurance coverage required under this Agreement for such riskrisk (which for greater certainty is the maximum amount of coverage prior to any deductibles for which Project Co is responsible pursuant to Schedule 5 [Insurance Requirements]); or (2) if no insurance coverage is required under this Agreement for such risk, an amount equal to the total costs of such repair, replacement or restoration, and if the Authority PUC agrees, the Authority PUC will pay such amounts promptly upon receipt of one or more invoices from Project Co indicating that such amounts are due and payable by Project Co in connection with such repair, replacement or restoration. For the purposes of this Section 6.3, the maximum amount of insurance coverage is (1) in respect of insurance required to be obtained by Project Co, the full amount of coverage required under this Agreement for such risk prior to any deductibles for which Project Co is responsible pursuant to Schedule 5 [Insurance Requirements] or (2) in respect of insurance required to be obtained by the Authority, the full amount of applicable Insurance Proceeds and applicable Insurance Receivables plus any deductibles for which Project Co is responsible pursuant to Schedule 5 [Insurance Requirements].

Project Co’s Obligations - Damage or Destruction. ‌ Subject to Section 6.46.4 [Project Co's Obligations – Material Damage or Destruction], and without prejudice to Section 88 [Supervening Events], if all or any part of the New Facility is damaged or destroyed, Project Co will repair, replace or restore the part of the New Facility so damaged or destroyed in accordance with the Design and Construction Specifications subject only to: (a) applicable Laws; and (b) the Authority agreeing to pay to Project Co:Co:‌ (1i) the amount, if any, by which the cost of such repair, replacement or restoration exceeds the maximum amount of insurance coverage required under this Agreement for such risk; or (2ii) if no insurance coverage is required under this Agreement for such risk, an amount equal to the total costs of such repair, replacement or restoration, and if the Authority agrees, the Authority will pay such amounts promptly upon receipt of one or more invoices from Project Co indicating that such amounts are due and payable by Project Co in connection with such repair, replacement or restoration. For the purposes of this Section 6.36.3 [Project Co's Obligations – Damage or Destruction], the maximum amount of insurance coverage is (1) in respect of insurance required to be obtained by Project Co, the full amount of coverage required under this Agreement for such risk prior to any deductibles for which Project Co is responsible pursuant to Schedule 5 [Insurance Requirements] or (2) in respect of insurance required to be obtained by the Authority, the full amount of applicable Insurance Proceeds and applicable Insurance Receivables plus any deductibles for which Project Co is responsible pursuant to Schedule 5 [Insurance Requirements]).

Project Co’s Obligations - Damage or Destruction. Subject to Section 6.4, and without prejudice to Section 8, if all or any part of the New Facility is damaged or destroyed, Project Co will repair, replace or restore the part of the New Facility so damaged or destroyed in accordance with the Design and Construction Specifications subject only to: (a) applicable Laws; and (b) the Authority agreeing to pay to Project Co: (1) the amount, if any, by which the cost of such repair, replacement or restoration exceeds the maximum amount of insurance coverage required under this Agreement for such riskrisk (which for greater certainty is the maximum amount of coverage prior to any deductibles for which Project Co is responsible pursuant to Schedule 5 [Insurance]); or (2) if no insurance coverage is required under this Agreement for such risk, an amount equal to the total costs of such repair, replacement or restoration, and if the Authority agrees, the Authority will pay such amounts promptly upon receipt of one or more invoices from Project Co indicating that such amounts are due and payable by Project Co in connection with such repair, replacement or restoration. For the purposes of this Section 6.3, the maximum amount of insurance coverage is (1) in respect of insurance required to be obtained by Project Co, the full amount of coverage required under this Agreement for such risk prior to any deductibles for which Project Co is responsible pursuant to Schedule 5 [Insurance RequirementsInsurance] or (2) in respect of insurance required to be obtained by the Authority, the full amount of applicable Insurance Proceeds and applicable Insurance Receivables plus any deductibles for which Project Co is responsible pursuant to Schedule 5 [Insurance RequirementsInsurance]).