Common use of STRUCTURAL DAMAGE Clause in Contracts

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 7.1 under any insurance policy; 14.2 damaged but nevertheless remain substantially capable of delivering aviation fuels to aircraft, then this agreement shall not terminate but the amounts payable in terms of 7.1 shall be abated pro-rata on mutatis mutandis the terms and conditions set out in 14.1.2. In such event the Operator shall restore the improvements on the bulk fuel site in terms of 14.1.2 (which shall apply mutatis mutandis) to as near as may be reasonably possible, the same condition prior to the damage being caused, as expeditiously as is reasonably possible.

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 lessee 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 lessee shall restore the improvements on the bulk fuel site, and the consideration payable by the Operator lessee 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 lessee 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 lessee (on the one hand) and ACSA (on the other hand)). In such event the Operator lessee 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 lessee 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 lessee 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 lessee 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 Operatorlessee, 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 7.1 under any insurance policy; 14.2 damaged but nevertheless remain substantially capable of delivering aviation fuels to aircraft, then this agreement shall not terminate but the amounts payable in terms of 7.1 shall be abated pro-rata on mutatis mutandis the terms and conditions set out in 14.1.2. In such event the Operator shall restore the improvements on the bulk fuel site in terms of 14.1.2 (which shall apply mutatis mutandis) to as near as may be reasonably possible, the same condition prior to the damage being caused, as expeditiously as is reasonably possible14.1.