Proof of Damages. Landlord shall not be limited in the proof of any damages that it may claim against Tenant arising out of, or by reason of, Xxxxxx's failure to provide and keep insurance in force in accordance with the provisions of this Lease to the amount of the insurance premium or premiums not paid. However, subject to the provisions of Section 42.10 hereof, Landlord shall be entitled to seek, and if successful, to recover, as damages for such Default or Event of Default, the uninsured amount of any loss and damage sustained or incurred by it and the costs and expenses of any suit in connection therewith, including, without limitation, reasonable attorneys' fees and disbursements.
Proof of Damages. Landlord is not limited, in the proof of any damages that it may claim against Tenant arising out of, or by reason of, Tenant's failure to provide and keep insurance in force in accordance with the provisions of this Lease, to the amount of the insurance premium or premiums not paid. However, Landlord is entitled to recover, as damages for such Event of Default, the uninsured amount of any loss and damage sustained or incurred by it and the costs and expenses of any suit in connection therewith, including, without limitation, attorneys' fees and disbursements.
Proof of Damages. If the Guarantors shall at any time or from time to time fail to perform or comply with any of the Guaranteed Obligations contained herein, then in each such case (i) it shall be assumed conclusively without necessity of proof that such failure by the Guarantors was the sole and direct cause of the Discount Note Indenture Trustee failing to receive such payment when due (to the extent of the failure of the Guarantors to perform the Guaranteed Obligations contained herein) irrespective of any other contributing or intervening cause whatsoever, and (ii) the Guarantors further irrevocably waive to the fullest extent permitted by law any right or defense the Guarantors may have to cause the Discount Note Indenture Trustee to prove the cause or amount of such damages or to mitigate the same.
Proof of Damages. If the Maintaining Parties shall at any time ---------------- and from time to time fail to perform or comply with any of their obligations contained herein and if for any reason the Banks have failed to receive when due and payable (whether at stated maturity, by acceleration, or otherwise) the payment of all or any part of principal or interest or any other amount payable by Borrower under the Loan Agreement, then in each such case (i) it shall be assumed conclusively without necessity of proof that such failure by the Maintaining Parties was the sole and direct cause of the Banks failing to receive such payment when due (to the extent of the failure of the Maintaining Parties to perform their obligations contained herein) irrespective of any other contributing or intervening cause whatsoever, and (ii) the Maintaining Parties further irrevocably waive to the fullest extent permitted by Law any right or defense the Maintaining Parties may have to cause the Banks to prove the cause or amount of such damages or to mitigate the same.
Proof of Damages. 52 Section 19.8. Tenant's Right to Perform Landlord's Obligations .. 52 Section 19.9. Amounts owed by Landlord to Tenant ................ 53
Proof of Damages. If the Obligor shall at any time and from time to time fail to perform or comply with any of its obligations contained herein and if for any reason the Creditors have failed to receive when due and payable (whether at stated maturity, by acceleration, or otherwise) the payment of all or any part of principal or interest or any other amount payable by Borrower under the Loan Agreement, then in each such case (i) it shall be assumed conclusively without necessity of proof that such failure by the Obligor was the sole and direct cause of the Creditors failing to receive such payment when due (to the extent of the failure of the Obligor to perform its obligations contained herein) irrespective of any other contributing or intervening cause whatsoever, and (ii) the Obligor further irrevocably waives to the fullest extent permitted by Law any right or defense the Obligor may have to cause the Creditors to prove the cause or amount of such damages or to mitigate the same.
Proof of Damages. If the Sponsors shall at any time or from time to time fail to perform or comply with any of their obligations contained herein and if for any reason the Lenders have failed to receive when due and payable (whether at stated maturity, by acceleration, or otherwise) the payment of all or any part of principal or interest or any other amount payable by the Borrower under the Credit Agreement, then in each such case (i) it shall be assumed conclusively without necessity of proof that such failure by the Sponsors was the sole and direct cause of the Lenders failing to receive such payment when due ( to the extent of the failure of the Sponsors to perform their obligations contained herein) irrespective of any other contributing or intervening cause whatsoever, and (ii) the Sponsors further irrevocably waive to the fullest extent permitted by law any right or defense the Sponsors may have to cause the Lenders to prove the cause or amount of such damages or to mitigate the same.
Proof of Damages. If the Guarantor shall at any time or from time to time fail to perform or comply with any of the Guaranteed Obligations contained herein and if for any reason the Administrative Agent has failed to receive when due and payable the payment of any amount payable by the Guarantor under this Completion Guaranty, then (i) it shall be assumed conclusively without necessity of proof that such failure by the Guarantor was the sole and direct cause of the Lenders failing to receive such payment when due irrespective of any other contributing or intervening cause whatsoever, and (ii) the Guarantor further irrevocably waives to the fullest extent permitted by law any right or defense the Guarantor may have to cause the Lenders to prove the cause or amount of such damages.
Proof of Damages. Landlord shall not be limited in the proof of any damages that it may claim against Tenant arising out of, or by reason of, Xxxxxx’s failure to provide and keep insurance in force in accordance with the provisions of this Lease to the amount of the insurance premium or premiums not paid. Landlord shall be entitled to seek, and if successful, to recover, as damages for such default or Event of Default, the uninsured amount of any loss and damage actually sustained or incurred by it and the reasonable third-party costs and expenses of any suit in connection therewith, including, without limitation, reasonable outside attorneys’ fees and disbursements actually incurred.
