Common use of Repair Obligations Clause in Contracts

Repair Obligations. (i) If any Material Casualty or Condemnation affecting the Property or any portion thereof occurs during the Construction Period, Lessee shall, if so directed by Lessor and Required Participants in writing, repair and restore the Property as required by Subparagraph 3.04(c). (ii) If any Material Casualty or Condemnation affecting the Property or any portion thereof occurs after the Construction Period, Lessee shall, at its election, either (A) repair and restore the Property as required by Subparagraph 3.04(c) or (B) exercise the Term Purchase Option and purchase the Property pursuant to the Purchase Agreement; provided, however, that Lessee may not elect to repair and restore the Property if such casualty or condemnation is a Major Casualty or Major Condemnation or if an Event of Default has occurred and is continuing unless Lessor and the Required Participants shall consent in writing. (If such casualty or condemnation is a Major Casualty or Major Condemnation that occurs after the Construction Period, Lessee shall exercise the Term Purchase Option and purchase the Property pursuant to the Purchase Agreement as promptly as possible but not later than two (2) months after the occurrence of such Major Casualty or Major Condemnation, unless Lessor and the Required Participants shall otherwise consent in writing. If an Event of Default has occurred and is continuing, Lessor Parties may exercise the rights provided herein.) Not later than one (1) month after the occurrence of any Material

Repair Obligations. (i) If any Material Casualty or Condemnation affecting the Facility 1 Property or any portion thereof occurs during the Construction Period, Lessee shall, if so directed by Lessor and Required Participants in writing, repair and restore the Property as required by Subparagraph 3.04(c). (ii) If any Material Casualty or Condemnation affecting the Property or any portion thereof occurs after the Construction Periodoccurs, Lessee shall, at its election, either (Ai) repair and restore the Facility 1 Property as required by Subparagraph 3.04(c) or (Bii) exercise the Term Purchase Option and purchase the Facility 1 Property pursuant to the Purchase Agreement; provided, however, that Lessee may not elect to repair and restore the Facility 1 Property if such casualty or condemnation is a Major Casualty or Major Condemnation or if an Event of Default has occurred and is continuing unless Lessor and the Required Participants shall consent in writing. (If such casualty or condemnation is a Major Casualty or Major Condemnation that occurs after the Construction PeriodCondemnation, Lessee shall exercise the Term Purchase Option and purchase the Facility 1 Property pursuant to the Purchase Agreement as promptly as possible but not later than two (2) months after the occurrence of such Major Casualty or Major Condemnation, unless Lessor and the Required Participants shall otherwise consent in writing. If an Event of Default has occurred and is continuing, Lessor Parties may exercise the rights provided herein.) Not later than one (1) month after the occurrence of any MaterialMaterial Casualty or any Condemnation, Lessee shall deliver to Lessor a written notice indicating whether it elects to repair and restore or purchase the Facility 1 Property.

Repair Obligations. (i) If any Material Casualty or Condemnation affecting the Property or any portion thereof occurs during the Construction Period, Lessee shall, if so directed by Lessor and Required Participants in writing, repair and restore the Property as required by Subparagraph 3.04(c). (ii) If any Material Casualty or Condemnation affecting the Facility 2 Property or any portion thereof occurs after the Construction Period, Lessee shall, at its election, either (A) repair and restore the Facility 2 Property as required by Subparagraph 3.04(c) or (B) exercise the Term Purchase Option and purchase the Facility 2 Property pursuant to the Purchase Agreement; provided, however, that Lessee may not elect to repair and restore the Facility 2 Property if such casualty or condemnation is a Major Casualty or Major Condemnation or if an Event of Default has occurred and is continuing unless Lessor and the Required Participants shall consent in writing. (If such casualty or condemnation is a Major Casualty or Major Condemnation that occurs after the Construction Period, Lessee shall exercise the Term Purchase Option and purchase the Facility 2 Property pursuant to the Purchase Agreement as promptly as possible but not later than two (2) months after the occurrence of such Major Casualty or Major Condemnation, unless Lessor and the Required Participants shall otherwise consent in writing. If an Event of Default has occurred and is continuing, Lessor Parties may exercise the rights provided herein.) Not later than one (1) month after the occurrence of any MaterialMaterial Casualty or any Condemnation occurring after the Construction Period, Lessee shall deliver to Lessor a written notice indicating whether it elects to repair and restore or purchase the Facility 2 Property.

Repair Obligations. (i) If any Material Casualty or Condemnation affecting the Facility 1 Property or any portion thereof occurs during the Construction Period, Lessee shall, if so directed by Lessor and Required Participants in writing, repair and restore the Property as required by Subparagraph 3.04(c). (ii) If any Material Casualty or Condemnation affecting the Property or any portion thereof occurs after the Construction Periodoccurs, Lessee shall, at its election, either (Ai) repair and restore the Facility 1 Property as required by Subparagraph 3.04(c) or (Bii) exercise the Term Purchase Option and purchase the Facility 1 Property pursuant to the Purchase Agreement; provided, however, that Lessee may not elect to repair and restore the Facility 1 Property if such casualty or condemnation is a Major Casualty or Major Condemnation or if an Event of Default has occurred and is continuing unless Lessor and the Required Participants shall consent in writing. (If such casualty or condemnation is a Major Casualty or Major Condemnation that occurs after the Construction Period, Lessee shall exercise the Term Purchase Option and purchase the Facility 2 Property pursuant to the Purchase Agreement as promptly as possible but not later than two (2) months after the occurrence of such Major Casualty or Major Condemnation, unless Lessor and the Required Participants shall otherwise consent in writing. If an Event of Default has occurred and is continuing, Lessor Parties may exercise the rights provided herein.) Not later than one (1) month after the occurrence of any MaterialMaterial Casualty or any Condemnation, Lessee shall deliver to Lessor a written notice indicating whether it elects to repair and restore or purchase the Facility 1

Repair Obligations. (i) If any Material Casualty or Condemnation affecting the Facility 2 Property or any portion thereof occurs during the Construction Period, Lessee shall, if so directed by Lessor and Required Participants in writing, repair and restore the Property as required by Subparagraph 3.04(c). (ii) If any Material Casualty or Condemnation affecting the Property or any portion thereof occurs after the Construction Periodoccurs, Lessee shall, at its election, either (Ai) repair and restore the Facility 2 Property as required by Subparagraph 3.04(c) or (Bii) exercise the Term Purchase Option and purchase the Facility 2 Property pursuant to the Purchase Agreement; provided, however, that Lessee may not elect to repair and restore the Facility 2 Property if such casualty or condemnation is a Major Casualty or Major Condemnation or if an Event of Default has occurred and is continuing unless Lessor and the Required Participants shall consent in writing. (If such casualty or condemnation is a Major Casualty or Major Condemnation that occurs after the Construction PeriodCondemnation, Lessee shall exercise the Term Purchase Option and purchase the Facility 2 Property pursuant to the Purchase Agreement as promptly as possible but not later than two (2) months after the occurrence of such Major Casualty or Major Condemnation, unless Lessor and the Required Participants shall otherwise consent in writing. If an Event of Default has occurred and is continuing, Lessor Parties may exercise the rights provided herein.) Not later than one (1) month after the occurrence of any MaterialMaterial Casualty or any Condemnation, Lessee shall deliver to Lessor a written notice indicating whether it elects to repair and restore or purchase the Facility 2 Property.