Untenantable Condition definition

Untenantable Condition means a condition of the Arena that occurs on account of a Casualty or Condemnation and, as a result of which League Rules or applicable law prohibit the playing of Home Games at the Arena or would entail denial of access to or loss of a material portion of (i) the general seating areas of the Arena or (ii) revenues of the Knicks derived from the Arena.

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Untenantable Condition means the existence of any one of the following conditions but only to the extent the same is not the direct proximate result of the negligence or the willful misconduct of Tenant or its agents or contractors or the failure of Tenant to perform its obligations: (i) the condition of the Fairgrounds is such that the holding of the County Fair is not permitted under the rules of any organization sanctioning such or any of their successor organizations; (ii) the use or occupancy of the Fairgrounds for the County Fair is not permitted under applicable Governmental Rule is restricted in any material respect under applicable Governmental Rule or as a result of a condemnation action, including, but not limited to, denial of access of the Fairgrounds.

Untenantable Condition is the existence of any one of the following conditions: (i) due to any Casualty or Force Majeure that is not a direct proximate result of the Tenant’s failure to perform, the condition of Arrowhead Stadium is such that a Game could not be held or reasonably be foreseen to be held in accordance with the NFL Rules and Regulations or Applicable Law at Arrowhead Stadium; (ii) the playing field within Arrowhead Stadium is unavailable, unsuitable or unsafe for its intended purpose that is not a direct proximate result of the Tenant’s failure to perform its obligations under this Lease; or (iii) any condemnation or similar action by a Governmental Authority which results in the NFL requiring the Tenant to play its Games at a facility other than Arrowhead Stadium.

Examples of Untenantable Condition in a sentence

• Notwithstanding anything herein to the contrary, the Knicks’ obligation to pay the License Fee for periods for which the Arena is unavailable for Home Games due to a Force Majeure event (including a governmental action or the occurrence of any Untenantable Condition) shall be abated during such periods.

• Notwithstanding anything herein to the contrary, the Rangers’ obligation to pay the License Fee for periods for which the Arena is unavailable for Home Games due to a Force Majeure event (including a governmental action or the occurrence of any Untenantable Condition) shall be abated during such periods.

• Definition of Substantially All of the Improvements: For the purposes of this Article, "Substantially All of the Improvements" shall be deemed to be damaged or destroyed if such Casualty causes an Untenantable Condition to exist, or be reasonably expected to exist, for more than two (2) years from the date of the Casualty.

• Notwithstanding the provisions of Section 2(a) above, the Bills shall have the right, without first obtaining the ECSC or County’s prior consent, to cause the Team to play any Game at an Alternate Site if there exists an Untenantable Condition at the Stadium, provided, however, that the use of any such Alternate Site shall be economically feasible and subject to the prior approval of the NFL, in its sole and absolute discretion.

• In the event that Tenant is obligated to, or elects to, repair, reconstruct or replace the improvements following the occurrence of a casualty but, during the period from the casualty until the repair of the improvements, the Ballpark is in Untenantable Condition, Tenant may elect to extend the Term of the Lease for a period of time (the “Casualty Extension Period”) equal to the period during which the Ballpark is in Untenantable Condition (the “Untenantable Period”).

• For purposes of this Article 10, “substantially all of the Stadium Complex” shall be deemed to have been taken if, as a direct and proximate result of the Taking, an Untenantable Condition occurs.

• The determination of whether the Fairgrounds can be rebuilt, repaired and/or reconfigured in order to remedy such Untenantable Condition within such two (2) year period shall be made within sixty (60) days of the date of Casualty by an independent architect mutually, selected by ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇.

• Notwithstanding the provisions of Section 6.1(a), the Bills shall have the right, without first obtaining the ECSC or County’s prior consent, to cause the Team to play any Game at an Alternate Site if there exists an Untenantable Condition at the Stadium, provided, however, that the use of any such Alternate Site shall be economically feasible and subject to the prior approval of the NFL, in its sole and absolute discretion.

• Any damage to the Stadium Complex caused by fire, storm, earthquake, tornado, flood, natural disaster or other sudden, unexpected or unusual occurrence that results in an Untenantable Condition.

• For purposes of this Article XX, “Substantially All of the Leased Premises” shall be deemed to have been taken if, by reason of the taking of title to or possession of the Leased Premises or any portion thereof by Condemnation Actions, an Untenantable Condition exists or is reasonably expected to exist for longer than [one (1)] year.

More Definitions of Untenantable Condition

Untenantable Condition means the existence of a condition (but only to the extent the same is not the result of a failure or refusal of Tenant to perform its obligations under this Lease including a failure or refusal to mitigate) pursuant to which the operation of the Leased Premises, in Tenant’s commercially reasonable business judgment, cannot be practically conducted in the remaining portion of the Leased Premises (taking into account the amount of Condemnation Award available for restoration), due to physical constraints, Applicable Laws, provisions of any insurance policy required to be maintained by Tenant pursuant to the terms of this Lease or the terms, conditions and covenants of this Lease, in substantially the same manner as conducted immediately prior to such taking.