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Common use of Total Damage Clause in Contracts

Total Damage. 1. If any part of the Premises, or adjacent facilities directly and substantially affecting the use of the Premises, is damaged by fire or other casualty, and is so extensively damaged as to render any portion of said Premises incapable of being repaired, as determined by the City, the City shall notify Concessionaire as soon as practicable under the circumstances after the date of such damage of its decision whether to reconstruct or replace said space. However, the City shall be under no obligation to replace or reconstruct such premises. The fees payable hereunder with respect to affected Premises shall be paid up to the time of such damage and thereafter shall cease until such time as replacement or reconstructed space shall be available for use by Concessionaire. 2. If the City elects to reconstruct or replace affected Premises, the City shall use reasonable efforts to provide alternate facilities to continue Concessionaire's operation while repair, reconstruction, or replacement is being completed, at a rental rate not to exceed that provided herein for comparable space. However, if such damaged space shall not have been replaced or reconstructed, or the City is not diligently pursuing such replacement or reconstruction, within six (6) months after the date of such damage or destruction, Concessionaire shall have the right, upon giving the City thirty (30) days advance notice, to delete the affected Premises from this Agreement, but this Agreement shall remain in effect with respect to the remainder of said Premises, unless such damaged or destroyed premises prevent Concessionaire from operating its ON AIRPORT RENTAL CAR CONCESSION at the Airport. In the event certain Premises are deleted from the Agreement, the MAG Payment , the Percentage Fee Payment and any other rental payments will NOT be proportionally reduced or adjusted, based upon the percentage of Gross Receipts of the deleted Premises compared to total Gross Receipts generated throughout the Airport during the prior twelve (12) month period, to reflect the loss of the Premises. 3. If the City elects not to reconstruct or replace affected Premises, the City shall meet and consult with Concessionaire on ways to permanently provide Concessionaire with adequate replacement space for affected Premises. Concessionaire shall have the right, upon giving the City thirty (30) days advance notice, to delete the affected Premises from this Agreement, but this Agreement shall remain in full force and effect with respect to the remainder of said Premises, unless the loss of such premises prevents Concessionaire from operating its ON AIRPORT RENTAL CAR CONCESSION Concession at the Airport. In the event certain Premises are deleted from the Agreement, the MAG Payment, and the Percentage Fee Payment will NOT be proportionally reduced or adjusted, based upon the percentage of Gross Receipts of the deleted Premises compared to total Gross Receipt generated throughout the Airport during the prior twelve (12) month period, to reflect the loss of the Premises.

Appears in 1 contract

Samples: Concession Agreement

Total Damage. 1. ‌ 14.3.1 If any part of the Leased Premises, or adjacent facilities directly and substantially affecting the use of the Leased Premises, is shall be damaged by fire or other casualty, and is so extensively damaged as to render any portion of said Leased Premises incapable of being repaired, as reasonably determined by the CityAirport Director, the City County shall notify Concessionaire as soon as practicable under the circumstances within a period of sixty (60) days after the date of such damage of its decision whether to reconstruct or replace said space. However, the City County shall be under no obligation to replace or reconstruct such premises. The fees rentals payable hereunder with respect to the affected Leased Premises shall be paid up to the time of such damage and thereafter shall cease until such time as reasonable and comparable replacement or reconstructed space shall be available for use by Concessionaire. 2. If 14.3.2 In the City event the County elects to reconstruct or replace affected Leased Premises, the City County shall use reasonable its best efforts to provide alternate facilities to continue Concessionaire's operation while repair, reconstruction, reconstruction or replacement is being completed, at a rental rate not to exceed that provided herein in this Agreement for comparable space. However, if such damaged space shall not have been replaced or reconstructed, or the City County is not diligently pursuing such replacement or reconstruction, within six three (63) months after the date of such damage or destruction, Concessionaire shall have the right, upon giving the City County thirty (30) days advance written notice, to delete the affected Premises from this Agreement, but this Agreement shall remain in effect with respect to the remainder of said Premises, unless such damaged or destroyed premises prevent Concessionaire from operating its ON AIRPORT RENTAL CAR CONCESSION at the Airport. In the event certain Premises are deleted from the Agreement, the MAG Payment , the Percentage Fee Payment and any other rental payments will NOT be proportionally reduced or adjusted, based upon the percentage of Gross Receipts of the deleted Premises compared to total Gross Receipts generated throughout the Airport during the prior twelve (12) month period, to reflect the loss of the Premises. 3. If the City elects not to reconstruct or replace affected Premises, the City shall meet and consult with Concessionaire on ways to permanently provide Concessionaire with adequate replacement space for affected Premises. Concessionaire shall have the right, upon giving the City thirty (30) days advance notice, to delete the affected Leased Premises from this Agreement, but this Agreement shall remain in full force and effect with respect to the remainder of said Leased Premises, unless such damaged or destroyed premises prevent Concessionaire from operating on Airport, in which case the Concessionaire may terminate the Agreement. 14.3.3 In the event the County elects not to reconstruct or replace affected Leased Premises, the Airport Director shall meet and consult with Concessionaire on ways to permanently provide Concessionaire with adequate replacement space for affected Leased Premises. Concessionaire shall have the right, upon giving the County thirty (30) days advance written notice, to delete the affected Leased Premises from this Agreement, but this Agreement shall remain in full force and effect with respect to the remainder of said Leased Premises, unless the loss of such premises prevents Concessionaire from operating its ON AIRPORT RENTAL CAR CONCESSION Concession at on Airport, in which case the Airport. In the event certain Premises are deleted from Concessionaire may terminate the Agreement, the MAG Payment, and the Percentage Fee Payment will NOT be proportionally reduced or adjusted, based upon the percentage of Gross Receipts of the deleted Premises compared to total Gross Receipt generated throughout the Airport during the prior twelve (12) month period, to reflect the loss of the Premises.

Appears in 1 contract

Samples: Concession Agreement

Total Damage. 1. (A) If any part of the Airline Premises, or adjacent facilities directly and substantially affecting the use of the Airline Premises, is shall be damaged by fire or other casualty, and is so extensively damaged as to render any portion of said Premises incapable of being repaired, as reasonably determined by the City, the City shall notify Concessionaire as soon as practicable under the circumstances Airline within a period of ninety (90) days after the date of such damage of its decision whether to reconstruct or replace said space. However, the City shall be under no obligation to replace or reconstruct such premises. The fees rentals payable hereunder with respect to affected Premises shall be paid up to the time of such damage and thereafter shall cease until such time as replacement or reconstructed space shall be available for use by ConcessionaireAirline. 2. If (B) In the event the City elects to reconstruct or replace affected Airline Premises, the City shall use reasonable its best efforts to provide alternate facilities to continue ConcessionaireAirline's operation while repair, reconstruction, reconstruction or replacement is being completed, at a rental rate not to exceed that provided herein in this Agreement for comparable space. However, if such damaged space shall not have been replaced or reconstructed, or the City is not diligently pursuing such replacement or reconstruction, within six (6) months after the date of such damage or destruction, Concessionaire Airline shall have the right, upon giving the City thirty (30) days advance written notice, to delete the affected Premises from this Agreement, but this Agreement shall remain in effect with respect to the remainder of said Airline Premises, unless such damaged or destroyed premises prevent Concessionaire Airline from operating its ON AIRPORT RENTAL CAR CONCESSION at the Airport. . (C) In the event certain Premises are deleted from the Agreement, the MAG Payment , the Percentage Fee Payment and any other rental payments will NOT be proportionally reduced or adjusted, based upon the percentage of Gross Receipts of the deleted Premises compared to total Gross Receipts generated throughout the Airport during the prior twelve (12) month period, to reflect the loss of the Premises. 3. If the City elects not to reconstruct or replace affected Airline Premises, the City shall meet and consult with Concessionaire Airline on ways to temporarily or permanently provide Concessionaire Airline with adequate replacement space for affected Airline Premises. Concessionaire Airline shall have the right, upon giving the City thirty (30) days advance notice, to delete the affected Premises from this Agreement, but this Agreement shall remain in full force and effect with respect to the remainder of said Premises, unless the loss of such premises prevents Concessionaire from operating its ON AIRPORT RENTAL CAR CONCESSION Concession at the Airport. In the event certain Premises are deleted from the Agreement, the MAG Payment, and the Percentage Fee Payment will NOT be proportionally reduced or adjusted, based upon the percentage of Gross Receipts of the deleted Premises compared to total Gross Receipt generated throughout the Airport during the prior twelve (12) month period, to reflect the loss of the Premises.thirty

Appears in 1 contract

Samples: Airline Operating Agreement and Terminal Building Lease

Total Damage. 1. (i) If any part of the Leased Premises, or adjacent facilities directly and substantially affecting the use of the Leased Premises, is damaged by fire or other casualty, and is so extensively damaged as to render any portion of said Leased Premises incapable of being repaired, as determined by the City, the City shall notify Concessionaire Airline as soon as practicable under the circumstances after the date of such damage of its decision whether to reconstruct or replace said space. However, the City shall be under no obligation to replace or reconstruct such premises. The fees rents payable hereunder with respect to affected Leased Premises shall be paid up to the time of such damage and thereafter shall cease until such time as replacement or reconstructed space shall be available for use by ConcessionaireAirline. 2. (ii) If the City elects to reconstruct or replace affected Leased Premises, the City shall use reasonable its best efforts to provide alternate facilities to continue ConcessionaireAirline's operation while repair, reconstruction, or replacement is being completed, at a rental rate not to exceed that provided herein for comparable space. However, if such damaged space shall not have been replaced or reconstructed, or the City is not diligently pursuing such replacement or reconstruction, within six (6) 6 months after the date of such damage or destruction, Concessionaire Airline shall have the right, upon giving the City thirty (30) 30 days advance noticeNotice, to delete the affected Leased Premises from this Agreement, but this Agreement shall remain in effect with respect to the remainder of said Leased Premises, unless such damaged or destroyed premises substantially prevent Concessionaire Airline from operating its ON AIRPORT RENTAL CAR CONCESSION Air Transportation Business at the Airport. In the event certain Premises are deleted from the Agreement, the MAG Payment , the Percentage Fee Payment and any other rental payments will NOT be proportionally reduced or adjusted, based upon the percentage of Gross Receipts of the deleted Premises compared to total Gross Receipts generated throughout the Airport during the prior twelve (12) month period, to reflect the loss of the Premises. 3. (iii) If the City elects not to reconstruct or replace affected Leased Premises, the City shall meet and consult with Concessionaire Airline on ways to permanently provide Concessionaire Airline with adequate replacement space for affected Leased Premises. Concessionaire Airline shall have the right, upon giving the City thirty (30) 30 days advance noticeNotice, to delete the affected Leased Premises from this Agreement, but this Agreement shall remain in full force and effect with respect to the remainder of said Leased Premises, unless the loss of such premises substantially prevents Concessionaire Airline from operating its ON AIRPORT RENTAL CAR CONCESSION Concession Air Transportation Business at the Airport. In the event certain Premises are deleted from the Agreement, the MAG Payment, and the Percentage Fee Payment will NOT be proportionally reduced or adjusted, based upon the percentage of Gross Receipts of the deleted Premises compared to total Gross Receipt generated throughout the Airport during the prior twelve (12) month period, to reflect the loss of the Premises.

Appears in 1 contract

Samples: Airport Use and Lease Agreement