Reconstruction. (a) Subject to the provisions of subparagraphs (b) and (c) below, in the event the Premises or any other portion of the Building is damaged by fire or other perils covered by extended coverage insurance, and such damage does not require structural demolition and reconstruction of all or part of the Building, Landlord agrees to forthwith repair such damage utilizing the proceeds of insurance and this Lease shall remain in full force and effect, except that Tenant shall be entitled to an equitable reduction of Minimum Rent from the date of damage until completion of such repairs, based on the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by Tenant in the Premises.
(b) In the event that any casualty requires structural demolition and reconstruction of all or a material part of the Building (whether or not such reconstruction involves any portion of the Premises), Tenant may, at its election, give notice to Landlord at any time within sixty (60) days after such damage, terminating this Lease as of the date of the casualty. In the event of giving such notice, this Lease and all interest of Tenant in the Premises shall terminate on the date of the casualty, the Rent shall be paid up to the date of such casualty, and Landlord shall be entitled to all insurance maintained by Tenant on the Building (except for proceeds attributable to Tenant’s personal property in, on or about the Premises). In the alternative, and so long as at least five (5) years remain in the Term or Tenant then exercises an Option pursuant to Paragraph 3(b), if any Tenant may, by written notice to Landlord within such 60-day period, elect to require Landlord to repair or restore such damage, in which case the Minimum Rent shall be proportionately reduced as provided in subparagraph (a) above and this Lease shall continue in full force and effect; PROVIDED, HOWEVER, that Tenant shall have the right to alter the size and configuration of the Building in the course of such reconstruction, so long as the Building as reconstructed is an integrated architectural unit, the dimensions of the Premises are substantially the same as prior to such casualty and Tenant is able to operate its business as intended at the time of Lease execution, subject to Landlord’s approval which will not be unreasonably conditioned, delayed or denied. If Tenant elects to require Landlord to construct the improvements, Tenant will make available to Landlord all...
Reconstruction. If the Premises are damaged and rendered substantially untenantable, or if the Building is damaged (regardless of damage to the Premises) or destroyed, Lessor may, within ninety (90) days after the casualty, notify Lessee of Lessor’s election not to repair, in which event this Lease shall terminate at the expiration of the ninetieth (90th)
Reconstruction. If the Building is damaged or destroyed during the Term other than by reason of the negligence or act of Tenant, Landlord shall, except as hereinafter provided, diligently repair or rebuild it to substantially the condition in which it existed immediately prior to such damage or destruction. If Landlord is obligated or elects to repair or restore as herein provided, Landlord shall be obligated to make repair or restoration of only those portions of the Premises which were initially provided at Landlord's expense or as part of the original installation by Landlord for Tenant and the repair and/or restoration of other items within the Premises shall be the obligation of the Tenant.
Reconstruction. Payment based on the applicable percentage will be made toward the cost of procedures necessary to eliminate oral disease and to replace missing teeth. Appliances or restorations necessary to increase vertical dimension or restore the occlusion will be considered optional and their cost remains the responsibility of the patient.
Reconstruction. The security, liabilities and obligations created by the Security Documents shall continue to be valid, binding and enforceable for all purposes even if there is a change by amalgamation, reconstruction or otherwise to the constitution of the Bank and/or the Borrower and/or the Security Party. Any change affecting the Bank, the Borrower and/or the Security Party shall not adversely affect the security, liabilities and obligations created under the Security Documents.
Reconstruction. 13.1 If this Agreement is terminated by reason of the liquidation of the Company or the transfer of its business to another one or more companies for the purpose of reconstruction or amalgamation and the Director is requested to provide their services with the restructured entity or any concern or undertaking on terms and conditions no less favourable to their in all respects than the provisions of this Agreement, the Director shall not have any claim against the Company or its successors-in-title in respect of such termination.
Reconstruction. If prior to the Expiration Date, the Company effects a capital reconstruction (other than a subdivision, combination or stock dividend covered by paragraph (a) above), merger, consolidation or any return of capital or other capital distribution, except for periodic distributions made pro-rata among the shareholders of a class of stock or units which are not in redemption of any shares of Common Stock, or any similar capital transaction that would affect the capital structure of the Company, excluding any payment of an ordinary cash dividend in respect of the operations of the Company, then in such event (i) the number of shares of Common Stock issuable upon exercise hereof, (ii) the Exercise Price, or (iii) some or all of such factors, will be adjusted, as appropriate, in a manner (x) approved by the Company and the holder hereof and (y) which is fair and equitable to the holder hereof and the holders of Common Stock.
Reconstruction. In the event of any reconstruction of the Leased Premises, the Building or the Project pursuant to this Article 8, such reconstruction shall be in conformity with all city, county, state and federal ordinances, rules and regulations then in existence, as the same may be interpreted and enforced. Notwithstanding that all reconstruction work shall be performed by Landlord’s contractor unless Landlord shall otherwise agree in writing, Landlord’s obligation to reconstruct the Leased Premises shall be only to the comparable condition of the Leased Premises immediately prior to the Commencement Date. Landlord’s obligation to repair and reconstruct the Leased Premises shall be limited to the amount of net proceeds of insurance received by Landlord, subject to reduction pursuant to Article 8.1(c) above. Tenant, at Tenant’s sole cost and expense, shall be responsible for the repair and restoration of all items of the Tenant’s improvements and/or alterations installed pursuant to Article 5.2 and the replacement of Tenant’s stock in trade, trade fixtures, furniture, furnishings and equipment. Tenant shall commence the installation of fixtures, equipment and merchandise promptly upon delivery to Tenant of possession of the Leased Premises and shall diligently prosecute such installation to completion.
Reconstruction. If during the Easement Term, the party designated in Section 2 as being responsible for performing the routine repairs and maintenance of the Trails shall reasonably determine that some or all of such Trails need to be completely replaced, or need repairs beyond normal repairs, then such party will notify the other parties to this Agreement and shall provide a written estimate of the costs of such reconstruction or major repairs. Unless the parties otherwise agree in writing, KAI shall complete or cause such replacement or major repairs in a timely manner and the costs of such major replacement or renovation shall be split evenly between the City and KAI.
Reconstruction. If the Building or Premises is damaged or destroyed during the Term, Tenant shall diligently repair or rebuild it to substantially the condition in which it existed immediately prior to such damage or destruction, provided that Landlord shall have the right (by written notice to Tenant) to repair or rebuild the Building/Premises at Tenant’s sole cost and expense, in which event Tenant shall promptly provide Landlord with the funds necessary, including insurance proceeds, to repair and restore the Building/Premises, as such repairs and restoration progresses, including on a monthly basis, as Landlord may determine. In no event shall any Rent be abated as a result of any damage or destruction to the Building/Premises.
