Common use of Untenantable Condition Clause in Contracts

Untenantable Condition. Notwithstanding the provisions of Section 2(a) above, if, during the Non-Relocation Term, an Untenantable Condition exists, then the Bills shall be entitled to cause the Team to play any affected Game or Games at an Alternate Site during the period in which such Untenantable Condition exists and continues to exist; provided that the Bills shall promptly furnish written notice to each of the County and ECSC of the existence of such Untenantable Condition, which notice shall identify (to the extent that such information is known by the Bills) (i) such Untenantable Condition, (ii) the expected duration of such Untenantable Condition (including the number of Games expected to be played at the Alternate Site), (iii) the location of the Alternate Site, and (iv) the length of any contractual commitment made by the Bills to cause the Team to play its Games at the Alternate Site. Without limiting the foregoing, upon the occurrence and during the continuance of any Untenantable Condition, the Bills shall, except in the event of a taking that results in the appropriation of title to the whole or substantially all of the Stadium Complex as set forth in Section 10.1(a) of the Stadium Lease, (x) use commercially reasonable efforts to (A) mitigate and eliminate such Untenantable Condition as soon as reasonably practicable to the extent within the reasonable control of the Bills and (B) minimize the duration of such Untenantable Condition and any contractual commitment to cause the Team to play its Games at an Alternate Site and (y) keep each of the County and ECSC reasonably apprised of the status of such Untenantable Condition.

Untenantable Condition. Notwithstanding the provisions of Section 2(a6.1(a) above, if, during the Non-Relocation Term, an Untenantable Condition exists, then the Bills shall be entitled to cause the Team to play any affected Game or Games at an Alternate Site during the period in which such Untenantable Condition exists and continues to exist; provided that the Bills shall promptly furnish written notice (in accordance with Section 26.4) to each of the County and ECSC of the existence of such Untenantable Condition, which notice shall identify (to the extent that such information is known by the Bills) (i) such Untenantable Condition, (ii) the expected duration of such Untenantable Condition (including the number of Games expected to be played at the Alternate Site), (iii) the location of the Alternate Site, and (iv) the length of any contractual commitment made by the Bills to cause the Team to play its Games at the Alternate Site. Without limiting the foregoing, upon the occurrence and during the continuance of any Untenantable Condition, the Bills shall, except in the event of a taking that results in the appropriation of title to the whole or substantially all of the Stadium Complex as set forth in Section 10.1(a) of the Stadium Lease, shall (x) use commercially reasonable efforts to (A) mitigate and eliminate such Untenantable Condition as soon as reasonably practicable to the extent within the reasonable control of the Bills and (B) minimize the duration of such Untenantable Condition and any contractual commitment to cause of the Team to play its Games at an Alternate Site and (y) keep each of the County and ECSC reasonably apprised of the status of such Untenantable Condition.

Untenantable Condition. Notwithstanding the provisions of Section 2(a) 7.2.1 above, if, during the Non-Relocation Term, an Untenantable Condition exists, then the Bills Tenant shall be entitled to cause the Team to play any affected Game or Games at an Alternate Site during the period in which such Untenantable Condition exists and continues to exist; provided that the Bills Tenant shall promptly furnish written notice (in accordance with Article 33) to each of the County and ECSC Landlord of the existence of such Untenantable Condition, which notice shall identify (to the extent that such information is known by the BillsTenant) (i) such Untenantable Condition, (ii) the expected duration of such Untenantable Condition (including the number of Games expected to be played at the Alternate Site), (iii) the location of the Alternate Site, and (iv) the length of any contractual commitment made by the Bills to cause the Team Tenant to play its Games at the Alternate Site. Without limiting the foregoing, upon the occurrence and during the continuance of any Untenantable Condition, the Bills shall, except in the event of a taking that results in the appropriation of title to the whole or substantially all of the Stadium Complex as set forth in Section 10.1(a) of the Stadium Lease, Tenant shall (x) use commercially reasonable efforts to (A) mitigate and eliminate such Untenantable Condition as soon as reasonably practicable to the extent within the reasonable control of the Bills Tenant and (B) minimize the duration of such Untenantable Condition and any contractual commitment to cause the Team of Tenant to play its Games at an Alternate Site and (y) keep each of the County and ECSC reasonably Landlord apprised of the status of such Untenantable Condition.