Damaged Portion definition
Examples of Damaged Portion in a sentence
If Seller reasonably expects the Damaged Portion resulting from a Casualty Event cannot be fully repaired or restored in accordance with applicable Laws on or before the Casualty Event Termination Date, then either Party may either (i) terminate this Agreement or (ii) agree to a mutually acceptable solution related thereto.
If all or any portion of the Transmission Assets shall have been damaged or destroyed (whether by fire, theft, vandalism or other casualty) in whole or in part, Seller shall have completed the full repair or restoration of the Damaged Portion in accordance with Section 6.8.
If the Estimated Cost of such repair or restoration of the Damaged Portion exceeds $1,500,000, Seller will not grant its final acceptance of any such repair or restoration without Facility Purchaser’s prior written consent and, to the extent the Damaged Portion includes Transmission Assets, Purchaser’s prior written consent, in each case not to be unreasonably withheld or delayed.
If neither Seller nor Facility Purchaser terminates within such period then Seller shall bear the costs of and responsibility for fully repairing or restoring the Damaged Portion and shall promptly commence, diligently pursue and complete such repair or restoration as soon as reasonably practical, subject to paragraph (c) below.
To the extent that the repair or replacement cost of any such Damaged Portion is not covered by insurance proceeds, then the Purchase Price shall be reduced by the amount of the Casualty Estimate less any recoveries or awards which Buyer has received.
If the Estimated Cost of such repair or restoration of the Damaged Portion exceeds $1,500,000, Seller will not grant its final acceptance of any such repair or restoration without Purchaser's prior written consent and, to the extent the Damaged Portion includes Transmission Assets, Transmission Assets Purchaser's prior written consent, in each case not to be unreasonably withheld or delayed.
Upon the completion of any such repair or restoration, risk of loss for the Damaged Portion shall pass to Buyer.
If a Casualty Event shall have occurred, Seller and Dynegy shall have, as applicable, completed the full repair or restoration of the Damaged Portion in accordance with Section 6.7(d), including, if required pursuant to Section 6.7(d), Seller and Dynegy shall have obtained Purchaser’s written consent to Seller’s and Dynegy’s final acceptance of such repair and restoration, or paid the amounts and made the transfers set forth in Section 6.7(e).
The Full Cost of Repair And The Restoration of The Damaged Portion of The Research And Development Property To A Condition Substantially The Same As But Not Better or More Extensive Than Its Condition Prior To The Damage.
As soon as practicable following the Casualty, Seller will provide to Buyer a detailed written estimate from an independent third party appraiser mutually acceptable to Seller and Buyer setting forth the estimated amount required to repair, replace or restore the Damaged Portion together with the estimated loss of profits and all costs and expenses associated with the Casualty (the “Casualty Estimate”).