Common use of Substantial Damage During Lease Term Clause in Contracts

Substantial Damage During Lease Term. Provided Tenant has fully complied with Section 4.01 hereof (including actually maintaining in effect rental value insurance or business interruption insurance provided for in clause (c) thereof) and has satisfied the conditions of the last sentence of this Section 10.05, if, at any time during the Term of the particular Lease, the Leased Property is so damaged by fire or otherwise that more than fifty percent (50%) of the correctional or detention facility at the Leased Property is rendered unusable, Tenant may, within thirty (30) days after such damage, give notice of its election to terminate the Lease subject to the particular Leased Property and, subject to the further provisions of this Section, such Lease will cease on the tenth (10th) day after the delivery of such notice. If the Lease is so terminated, Tenant will have no obligation to repair, rebuild or replace the Leased Property, and the entire insurance proceeds will belong to Landlord. If the Lease is not so terminated, Tenant shall rebuild the Leased Property in accordance with Section 10.01. If Tenant elects to terminate any Lease pursuant to this Section 10.05, Tenant will pay (or cause to be paid) to Landlord, an amount equal to the difference between the amount of all insurance proceeds received by Landlord, and the net book value of such Leased Property as shown in Landlord's financial statements as of the date of such termination.

Appears in 3 contracts

Samples: Master Agreement to Lease (Prison Realty Corp), Master Agreement to Lease (Prison Realty Corp), Master Agreement to Lease (Prison Realty Corp)

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Substantial Damage During Lease Term. Provided Tenant has fully complied with Section 4.01 hereof (including actually maintaining in effect rental value insurance or business interruption insurance provided for in clause (c) thereof) and has satisfied the conditions of the last sentence of this Section 10.05, if, at any time during the Term of the particular Lease, the Leased Property is so damaged by fire or otherwise that more than fifty percent (50%) of the correctional or detention facility at the Leased Property is rendered unusable, Tenant may, within thirty (30) days after such damage, give notice of its election to terminate the Lease subject to the particular Leased Property and, subject to the further provisions of this Section, such Lease will cease on the tenth (10th10th ) day after the delivery of such notice. If the Lease is so terminated, Tenant will have no obligation to repair, rebuild or replace the Leased Property, and the entire insurance proceeds will belong to Landlord. If the Lease is not so terminated, Tenant shall rebuild the Leased Property in accordance with Section 10.01. If Tenant elects to terminate any Lease pursuant to this Section 10.05, Tenant will pay (or cause to be paid) to Landlord, an amount equal to the difference between the amount of all insurance proceeds received by Landlord, and the net book value of such Leased Property as shown in Landlord's financial statements as of the date of such termination.

Appears in 2 contracts

Samples: Master Agreement to Lease (Corrections Corporation of America), Master Agreement to Lease (Cca Prison Realty Trust)

Substantial Damage During Lease Term. Provided Tenant has fully complied with Section 4.01 hereof (including actually maintaining in effect rental value insurance or business interruption insurance provided for in clause (c) thereof) and has satisfied the conditions of the last sentence of this Section 10.0510.04, if, at any time during the Term of the particular Leasehereof, the Leased Property is so damaged by fire or otherwise that more than fifty percent (50%) of the correctional or detention facility at the Leased Property is rendered unusable, Tenant may, within thirty (30) days after such damage, give notice of its election to terminate the Lease subject this Agreement as it relates to the particular Leased Property and, subject to the further provisions of this Section, such Lease will cease on this Agreement shall be so terminated as of the tenth (10th) day after the delivery of such notice. If the Lease this Agreement is so terminated, Tenant will have no obligation to repair, rebuild or replace the Leased Property, and the entire insurance proceeds will belong to Landlord. If the Lease this Agreement is not so terminated, Tenant shall rebuild the Leased Property in accordance with Section 10.01. If Tenant elects to terminate any Lease this Agreement pursuant to this Section 10.0510.04, Tenant will pay (or cause to be paid) to Landlord, an amount equal to the difference between the amount of all insurance proceeds received by Landlord, and the net book value of such Leased Property as shown in Landlord's financial statements as of the date of such termination.

Appears in 1 contract

Samples: Master Agreement to Lease (Corrections Corp of America/Md)

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Substantial Damage During Lease Term. Provided Tenant has fully complied with Section 4.01 5.01 hereof (including actually maintaining in effect rental value insurance or business interruption insurance provided for in clause (c) thereof) and has satisfied the conditions of the last sentence of this Section 10.055.01), if, if at any time during the Term of the particular Lease, the Leased Property is so damaged by fire or otherwise other casualty that more than fifty percent (50%) of the correctional or detention facility at square footage contained in the Leased Property is are rendered unusable, and such Leased Property will not be rendered usable within nine (9) months after the date the restoration work will commence, Tenant may, within thirty sixty (3060) days after such damagereceipt of Landlord’s notice of the anticipated restoration period, give notice of its election to terminate the this Lease subject to the particular Leased Property Agreement and, subject to the further provisions of this SectionSection 11.05, such this Lease Agreement will cease on the tenth (10th) day after the delivery of such notice. If the this Lease Agreement is so terminated, Tenant will have no obligation to repair, rebuild or replace the Leased Property, but will have the obligation to pay to Landlord upon demand the amount of any deductible arising in connection therewith and the entire insurance proceeds (up to the amount of damages suffered by Landlord as a result of such termination) will belong to Landlord. If the this Lease Agreement is not so terminated, Tenant shall use the insurance proceeds to rebuild the Leased Property in accordance with Section 10.01. If Tenant elects to terminate any Lease pursuant to this Section 10.05, Tenant will pay (or cause to be paid) to Landlord, an amount equal to the difference between the amount of all insurance proceeds received by Landlord, and the net book value of such Leased Property as shown in Landlord's financial statements as of the date of such termination11.01.

Appears in 1 contract

Samples: Facilities Lease Agreement (Cornell Companies Inc)

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