Substitution of Equipment under Certain Circumstances. In the event of damage to or destruction of all or a portion of the Equipment under any Lease due to earthquake or other uninsured casualty for which the proceeds of rental interruption insurance are not available, promptly after the occurrence of such event, the City Manager will use his/her best efforts to bring forward a recommendation for City Council consideration to substitute and add additional Equipment under the applicable Lease other real or personal property of Lessee that is unimpaired and unencumbered, the fair rental value of which shall be at least equal to the Rental Payments due during each fiscal year for the remainder of the Lease Term of the applicable Lease, provided that any such addition and substitution shall be subject to the approval of the City Council of the Lessee.
Substitution of Equipment under Certain Circumstances. In the event of damage to or destruction of all or a portion of the Equipment due to earthquake or other uninsured casualty for which the proceeds of rental interruption insurance are not available, Lessee shall promptly after the occurrence of such event and without any further authorization substitute and add as Equipment under this Agreement other real or personal property of Lessee that is unimpaired and unencumbered, the fair rental value of which shall be at least equal to the Rental Payments due during each fiscal year for the remainder of the term of this Agreement.
