Strikes Damage Destruction Etc Sample Clauses

Strikes Damage Destruction Etc. In the event of any damage to or destruction of the Suite or the Stadium which renders the Suite or the Stadium unusable, then, Owner shall attempt to relocate Licensee to another executive suite at the Stadium. However, if Owner is unable to relocate Licensee to another executive suite at the Stadium, then, the Suite Fee payable hereunder shall be abated during the period of time that the Suite is unusable. Any such abatement of the Suite Fee shall be computed annually by dividing the number of games and other events for which the Suite was unusable by Licensee by the total number of games and events in the Stadium for which Licensee was entitled use during the applicable year including the number of such scheduled games and events which were canceled as a result of any such damage or destruction. Any such abatement shall be offset against the next succeeding installment of the Suite Fee payable by Licensee. If in the event of any damage to or destruction of the Suite or the Stadium, Owner elects not to repair or restore same, this Agreement shall terminate as of the date of such damage or destruction, and the entire amount of the abatement shall be promptly paid to Licensee.
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Strikes Damage Destruction Etc. In the event of any damage to or destruction of the Licensed Product or the Stadium which renders the Licensed Product or the Stadium unusable, Owner shall attempt to relocate Licensee to another seating product at the Stadium or provide seats at such alternate venue as Owner may determine to use in order to hold the affected game(s) or event(s). However, if Owner is unable to so accommodate Licensee, the License Fee payable hereunder shall, unless a reasonably comparable seating product is made available to Licensee by Owner, be abated during the period of time that the Licensed Product is unusable and no alternative is provided. Any such abatement of the License Fee shall be determined by Owner based on the variably priced value of the affected game(s) or event(s). Any such abatement shall be offset against the next succeeding installment of the License Fee payable by Licensee, or, if all License Fee payments have bene made, shall be credited to Licensee’s account and may be used towards the purchase of tickets for future Dolphins Games. If, in the event of any damage to or destruction of the Licensed Product or the Stadium, Owner elects not to repair or restore same, this Agreement shall terminate as of the date of such damage or destruction, and the entire amount of the abatement shall be paid to Licensee. If, during the Term of this Agreement, any Miami Dolphins’ scheduled game(s) at the Stadium is cancelled and not rescheduled as a result of a force majeure event or as a result of any strike, lockout, or other labor disturbance involving the NFL member clubs and NFL players (a “Work Stoppage”), Owner shall, at its sole option, and as Licensee’s sole and exclusive remedy for such termination or cancellation, refund or credit, as determined by Owner, Licensee a portion of the License Fee to be determined by Owner based on the variably priced value of the cancelled game(s) (the “Credit”). In the event of an entire Miami Dolphins’ season being cancelled and not rescheduled as a result of a Work Stoppage and Owner opts to provide a Credit in the amount equal to the amount paid by Licensee for such cancelled year in lieu of a refund, the Term of this Agreement shall be extended by one (1) year with the Credit applied toward the first post-Work Stoppage year and all other License Fee(s) moved forward one (1) year in a similar manner. Further, in the case of a cancelled Special Event for which the Licensee has purchased tickets, Licensee shall receive a refu...
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Strikes Damage Destruction Etc 
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Related to Strikes Damage Destruction Etc

  • Casualty Damage If there occurs any casualty to the Project (other than to the Premises) and: (i) insurance proceeds are unavailable to Landlord or are insufficient to restore the Project to substantially its pre-casualty condition; or (ii) more than 30% of the total area of the Building is damaged, Landlord shall have the right to terminate this Lease and all the unaccrued obligations of the parties hereto, by sending written notice of such termination to Tenant within 60 days after such casualty. Such notice shall specify a termination date not fewer than 30 nor more than 90 days after such notice is given to Tenant. If there occurs any casualty to the Premises and: (i) in Landlord’s reasonable judgment, the repair and restoration work would require more than 180 consecutive days to complete after the casualty (assuming normal work crews not engaged in overtime); or (ii) the casualty occurs during the last 12 months of the Term, Landlord and Tenant shall each have the right to terminate this Lease and all the unaccrued obligations of the parties hereto, by sending written notice of such termination to the other party within 60 days after the date of such casualty. Such notice shall specify a termination date not fewer than 30 nor more than 90 days after such notice is given to the other party, but in no event shall the termination date be after the last day of the Term. Notwithstanding the foregoing, if the casualty was caused by the act or omission of Tenant or any of Tenant’s agents, employees, invitees, assignees, subtenants, licensees or contractors, Tenant shall have no right to terminate this Lease due to the casualty. If there occurs any casualty to the Premises and neither party terminates this Lease, then notwithstanding anything to the contrary in this Lease, Tenant’s obligation to pay Fixed Rent and Additional Rent shall be equitably adjusted or abated during the period (if any) during which Tenant is not reasonably able to use the Premises or an applicable portion thereof as a result of such casualty. Tenant shall have no right to terminate this Lease as a result of any damage or destruction of the Premises, except as expressly provided in this Section. The provisions of this Lease, including this Section, constitute an express agreement between Landlord and Tenant with respect to any and all damage to, or destruction of, all or any part of the Premises, and any Law with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the parties, and any other statute or regulation, now or hereafter in effect, shall have no application to this Lease or any damage or destruction to all or any part of the Premises.

  • Partial Damage or Destruction If, during the Term, any Property shall be totally or partially destroyed but the Facility is not rendered Unsuitable for Its Permitted Use, Tenant shall, subject to Section 10.2.3, promptly restore such Facility as provided in Section 10.2.4.

  • Damage Destruction and Condemnation If, prior to the termination of the Lease Term, (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Equipment or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, (i) Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment and any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee or (ii) Lessee shall exercise its option to purchase the Equipment in accordance with Section 10.01(b). If Lessee elects to replace any item of the Equipment (the “Replaced Equipment”) pursuant to this Section, the replacement equipment (the “Replacement Equipment”) shall be new or of a quality, type, utility and condition at least as good as the Replaced Equipment, shall be of equal or greater value than the Replaced Equipment and shall provide at least the same level of energy and/or operational savings expected in the aggregate from the Replaced Equipment prior to such casualty, destruction or condemnation. Lessee shall grant to Lessor a first priority security interest in any such Replacement Equipment. Lessee shall represent, warrant and covenant to Lessor that each item of Replacement Equipment is free and clear of all claims, liens, security interests and encumbrances, excepting only those liens created by or through Lessor, and shall provide to Lessor any and all documents as Lessor may reasonably request in connection with the replacement, including, but not limited to, documentation in form and substance satisfactory to Lessor evidencing Lessor’s security interest in the Replacement Equipment. Lessor and Lessee hereby acknowledge and agree that any Replacement Equipment acquired pursuant to this paragraph shall constitute “Equipment” for purposes of this Agreement. Lessee shall complete the documentation of Replacement Equipment on or before the next Rental Payment date after the occurrence of a casualty event, or be required to exercise its option to purchase the damaged equipment in accordance with Section 10.01(b).

  • Damage Destruction or Condemnation If the Dock or any portion thereof is at any time destroyed or damaged by a casualty, or if any portion of the Dock or adjacent parcels are taken pursuant to the exercise or threatened exercise of the power of eminent domain (including a conveyance in lieu thereof), Port may elect to terminate this Agreement.

  • Damage or Destruction If, during the Term of this Agreement, the entire Parking Facility or such portion thereof as shall render the Premises unsuitable for the continued conduct of the Tenant’s and its invitees activities thereon, shall be damaged or destroyed by fire or other casualty, then Landlord shall be entitled to retain all insurance proceeds payable by reason of and with respect to the damage or destruction to the Premises and Landlord shall rebuild or reconstruct the Parking Facility in a commercially reasonable and efficient manner subject to the following terms and conditions: (i) the casualty must be insured under Landlord's insurance policies, and Landlord’s obligation is limited to the extent of the insurance proceeds received by Landlord, (ii) Landlord’s duty to repair and restore the Premises shall not begin until receipt of the insurance proceeds, (iii) Landlord’s lender(s) must permit the insurance proceeds to be used for such repair and restoration, (iv) Landlord shall have no obligation to repair and restore any personal property on the Premises belonging to Tenant or any of Tenant’s employees, contractors, agents or invitees, (v) Landlord shall have no obligation to restore the damage or destruction (or to complete any restoration) during the last year of the Term or of any Option Period if Tenant has delivered notice that it is not renewing the Term of this Agreement pursuant to Section 2.2 or if Tenant has no more extension options pursuant to this Agreement, and (vi) Landlord shall rebuild or reconstruct the Parking Facility to a configuration substantially equivalent to that configuration which existed as of the Commencement Date. During the period in which the Parking is unavailable to a Tenant for any reason caused by Landlord during the Term of this Agreement for a period of more than thirty (30) consecutive days, including, without limitation, any such period during which Landlord is repairing and restoring the Parking Facility, the rental payable by Tenant shall xxxxx. The abatement of the rent shall be the exclusive remedy of Tenant against Landlord in the event of a casualty involving the Premises. Tenant hereby waives all claims against Landlord for any compensation or damage for loss of use of the whole or any part of the Premises and/or for any inconvenience or annoyance occasioned by any casualty and any resulting damage, destruction, repair, or restoration.

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