WAIVER OF RESTORATION. Lessor shall have no right to require the Government to restore the Premises upon expiration or earlier termination (full or partial) of the Lease, and waives all claims against the Government for waste, damages, or restoration arising from or related to (a) the Government's normal and customary use of the Premises during the term of the Lease (including any extensions thereof), as well as (b) any initial or subsequent alteration to the Premises regardless of whether such alterations are performed by the Lessor or by the Government. At its sole option, the Government may abandon property in the Space following expiration or earlier termination (full or partial) of the Lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in connection therewith.
WAIVER OF RESTORATION. If Restoration is not undertaken following any Destruction or Expropriation, or, if, after the completion of the Restoration, there are less Cottages in the Project than existed prior to the Destruction or Expropriation, any insurance Proceeds or Expropriation Proceeds shall be disbursed as follows:
(a) if there occurs a Total Destruction of Cottages or a Complete Taking of Cottages, a portion of the Restoration Funds equal to each Owner’s One Share of Project Expenses shall be disbursed to that Owner, provided that on or before any disbursement to each such Owner, that Owner must pay all of his/her debts accrued and owing to the Association; and
(b) if (i) there occurs a Partial Taking of Cottages such that any of the Cottages affected cannot be replaced by the construction of another Cottage, all in a manner satisfactory to the Board; or (ii) there occurs a Partial Destruction of Cottages such that any of the Cottages affected will not be repaired or restored then, in either case that portion of the Expropriation Proceeds or insurance Proceeds allocable to the eliminated Cottage shall be disbursed to those Owners whose Intervals apply to the Cottage or Cottages eliminated. The Interval of each Owner in an eliminated Cottage shall cease to be part of the Project and each such Owner shall cease to have reservation and use rights and to be a member of the Association. Each of the Owners of an Interval in an eliminated Cottage shall promptly release his/her ownership share to the Association in a suitable registerable document, and each such Owner must do so on or before any disbursement to him, and on or before any disbursement to each such Owner, he must also pay all of his/her debts accrued and owing to the Association. The Project shall then be reconstituted without the eliminated Cottage or Cottages and the Intervals in such eliminated Cottage or Cottages vested and released to the Association, the ownership share of the remaining Owners shall be adjusted.
WAIVER OF RESTORATION. (OCT 2018)
WAIVER OF RESTORATION. (APR 2011)
WAIVER OF RESTORATION. (OCT 2021)
A. Waste, or,
B. Damages or restoration arising from or related to:
1. the Government's normal and customary use of the Premises during the term of the Lease (including any extensions thereof), as well as
2. any initial or subsequent alteration to the Premises regardless of whether such alterations are performed by the Lessor or by the Government. At its sole option, the Government may abandon property in the Space following expiration or earlier termination (full or partial) of the Lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in connection therewith.
WAIVER OF RESTORATION. The Lessor hereby waives, releases and discharges, and forever relinquishes any right to make a claim against the Government for waste, damages, or restoration arising from or related to (a) the Government’s normal and customary use of the leased premises during the term of the lease (including any extensions thereof), as well as (b) any initial or subsequent alteration to the leased premises, including cabling, or removal thereof, during the term of this lease (including any extensions thereof), where such alterations or removals are performed by the Lessor or by the Government with the Lessor’s consent, which shall not be unreasonably withheld. The Government may, at its sole option, abandon property in the leased space following expiration of the Lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in connection therewith. The TSA shall be responsible for any damage caused by its equipment or employees to the extent provided by the Federal Tort Claims Act of 1948, as amended (28 USC 2671 et seq.) (“FTCA”), As provided under the FTCA, the TSA shall be liable to persons damaged by personal injury, death, or injury to or loss of property, which is caused by negligent or wrongful act or omission of any employee of the TSA while acting within the scope of his office or employment under circumstance where a private person would be liable in accordance with the law of the place where the act or omission occurred. The foregoing shall not be deemed to extend the TSA’s liability beyond that existing under the FCTA at the time of such act or omission, or to preclude the TSA from using any defense available at law or equity. Repair, replacement or reconstruction or improvements within the Leased Premises shall be accomplished in a manner and according to plans approved by Airport Director. Except as otherwise provided herein, termination of this Lease shall not reduce or nullify the TSA's obligation under this paragraph.
WAIVER OF RESTORATION. (OCT 2021) Lessor shall have no right to require the Government to restore the Premises upon expiration or earlier termination (full or partial) of the Lease, and waives all claims against the Government for:
a) waste, or,
b) damages or restoration arising from or related to:
(1) the Government's normal and customary use of the Premises during the term of the Lease (including any extensions thereof), as well as
(2) any initial or subsequent alteration to the Premises regardless of whether such alterations are performed by the Lessor or by the Government. At its sole option, the Government may abandon property in the Space following expiration or earlier termination (full or partial) of the Lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in connection therewith.
WAIVER OF RESTORATION. The Lessor shall have no right to require the Commonwealth to restore the Premises upon termination of the Lease, and waives all claims against the Commonwealth for waste, damages, or restoration arising from or related to (a) the Commonwealth's normal and customary use of the Premises during the term of the Lease (including any extensions thereof), as well as (b) any initial or subsequent alteration to the Premises regardless of whether such alterations are performed by the Lessor or by the Commonwealth. At its sole option, the Commonwealth may abandon property in the Space following expiration of the Lease, in which case the property will become the property of the Lessor and the Commonwealth will be relieved of any liability in connection therewith.
WAIVER OF RESTORATION. (APR 2011) The Lessor shall have no right to require the Government to restore the premises upon termination of the lease, and waives all claims against the Government for waste, damages, or restoration arising from or related to (a) the Government's normal and customary use of the premises during the term of the lease (including any extensions thereof), as well as (b) any initial or subsequent alteration to the premises regardless of whether such alterations are performed by the Lessor or by the Government. At its sole option, the Government may abandon property in the Space following expiration of the lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in connection therewith.
WAIVER OF RESTORATION. (AUG 2008)
