STRUCTURAL DAMAGE. Should the improvements (whether existing at the signature date or effected in terms of 3 and including, without any limitation whatever, the improvements referred to in 11.1.4) on the bulk fuel site and/or the hydrant system be -
14.1 destroyed or damaged to such an extent as to render them substantially or wholly incapable of delivering aviation fuels to aircraft, then -
14.1.1 this agreement may be cancelled by written agreement between the Operator and ACSA with effect from the date of such destruction or damage; or
14.1.2 should this agreement not be cancelled in terms of 14.1.1 within thirty days of the date of such destruction or damage, the Operator shall restore the improvements on the bulk fuel site, and the consideration payable by the Operator in terms of 7.1 shall (subject to 14.1.2.2) be abated pro rata, having regard to the extent to which the Operator is able to deliver aviation fuels to aircraft (as agreed between the parties in writing or, failing such agreement within forty-five days of the date of such destruction or damage, determined by independent auditors appointed for the purpose by ACSA, acting as experts and not as arbitrators, whose decision shall (save for manifest error) be final and binding on the parties and whose costs shall be paid equally by the Operator (on the one hand) and ACSA (on the other hand)). In such event the Operator shall restore the improvements on the bulk fuel site as expeditiously as is reasonably possible (and specifically having regard to maintaining health, safety and environmental requirements to ACSA's reasonable satisfaction), ACSA reserving the right to change or vary the form of construction and/or positioning of the improvements in such restoration, but granting to the Operator the same accommodation as regards position, usefulness and area as existed before the damage or destruction; provided that, notwithstanding the aforegoing -
14.1.2.1 the Operator shall not be obliged to expend more in such restoration than it received as the proceeds of a claim made in respect of such damage or destruction in terms of the insurance policies;
14.1.2.2 the Operator shall not be entitled to any such abatement if the damage or destruction arises out of or pursuant to the fault or negligence of the Operator, the into-plane operator (if any) and/or their respective, employees, directors, representatives and/or agents, save to the extent that ACSA has been compensated for any loss of the rentals referred to in 7....
STRUCTURAL DAMAGE. Structural damage can occur at anytime during the life of the facility. Typically, for an inflow, the structural damage occurs to the pipe flared end section (concrete or steel). Structural damage can lead to additional operating problems with the facility, including loss of hydraulic performance.
STRUCTURAL DAMAGE. If there shall have been a structural change in the physical condition of any portion of the Property;
STRUCTURAL DAMAGE. The overflow outlet structure is primarily constructed of concrete, which can crack, spall, and settle. The steel grate on the overflow outlet structure (is so equipped), steel trash racks and well screens (if so equipped) are also susceptible to damage.
STRUCTURAL DAMAGE. 7.14.1 Not to bring into the Accommodation Unit any item which may, in the reasonable opinion of the Scheme Operator, be likely to cause structural damage to the Accommodation Unit.
7.14.2 Without limiting the generality of clause 7.14.1, to observe the maximum floor loading weights nominated by the Scheme Operator and not to permit the floors of the Accommodation Unit to be broken, strained or damaged by overloading the same in any manner howsoever. In particular, the Resident will not install any safes or other heavy equipment except in such positions and subject to such conditions as the Scheme Operator may approve in writing.
STRUCTURAL DAMAGE. In the event of any structural damage to the cabin or in the event of any accident of such a nature as it is likely to cause structural damage to the cabin, the renter will forthwith notify the owner to enable inspection of the same by the owner, or it’s representative agent and pending completion of such inspection the renter will not use the cabin until expressly authorised by the owner.
STRUCTURAL DAMAGE. The outlet structure is primarily constructed of concrete, which can crack, spall, and settle. The steel trash racks and well screens are also susceptible to damage.
STRUCTURAL DAMAGE. Hail can cause structural damage, which is the actual penetration of the exterior surface or the cracking or breaking of support materials. When this type of loss or damage occurs, we will pay you the actual cash value of the cost of repairing or replacing the damaged portion of the property.
STRUCTURAL DAMAGE. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify, defend, protect. and hold Landlord harmless from and against loss or liability resulting from delay by Tenaxx xx so surrendering the Premises including without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.
STRUCTURAL DAMAGE. In the event a tire or wheel attached to the Covered Vehicle suffers Structural Damage due to a covered Road Hazard, this Agreement will reimburse the Customer for the approved costs associated with the repair or replacement of the damaged tire and/or wheel subject to the following terms and conditions:
1. If a tire and/or wheel suffers Structural Damage and can be repaired, Administrator will reimburse You for the approved costs associated with the repair including mounting, balancing, valve stems, and taxes.
2. If a tire and/or wheel suffers Structural Damage and cannot be repaired, Administrator will reimburse You for (1) an approved replacement tire and/or wheel of like kind and quality, and which meets the manufacturer’s specifications, including diameter measurement, at the average regional retail market rate and (2) the approved costs associated with the replacement including mounting, balancing, valve stems, environmental fees and taxes. At Our discretion, replacement parts utilized in covered repairs will be new or remanufactured parts of like kind and quality.
3. We will cover the replacement of tire pressure monitors if they are damaged by a Road Hazard. This Agreement does not cover the replacement of air pressure monitors that are
4. We will reimburse You for towing costs necessitated by damage caused by a covered Road Hazard up to one hundred ($100) dollars.
5. Other than carbon fiber wheels and magnesium wheels, replacement or aftermarket tires and wheels that are the same diameter as the damaged tire and/or wheel will be covered for the Agreement Term. Any replacement or aftermarket tires or wheels failing to meet the Covered Vehicle’s manufacturer’s specifications are excluded from coverage.
