Casualties. Neither the business nor the properties of the Borrower or any of its Subsidiaries are affected by any fire, explosion, accident, strike, lockout or other labor dispute, drought, storm, hail, earthquake, embargo, act of God or of the public enemy or other casualty, materially adversely affecting the business, condition (financial or otherwise), operations, properties or prospects of the Borrower or any such Subsidiary.
Casualties. Except as disclosed on Schedule 4.21, neither the business nor the properties of Borrower is currently affected by any environmental hazard, fire, explosion, accident, strike, lockout or other labor dispute, drought, storm, hail, earthquake, embargo, act of God or other casualty (whether or not covered by insurance).
Casualties. Neither the businesses nor the properties of the Company or any of its Subsidiaries are affected by any fire, explosion, accident, strike, lockout or other material labor dispute, drought, storm, hail, earthquake, embargo, act of God or of the public enemy or other casualty (whether or not covered by insurance) that could reasonably be expected to have a Material Adverse Effect.
Casualties. The Facility shall not have suffered (i) a Loss Event or (ii) a Casualty Occurrence other than a Casualty Occurrence for which a plan reasonably acceptable to the Lessor for replacing, or causing to be replaced, the portions of the Facility that are the subject of such Casualty Occurrence has been provided to the Lessor.
Casualties. 7.1.1. Trustor will notify Beneficiary in writing promptly after loss or damage caused by fire, wind or other casualty to the Property ("Casualty").
Casualties. Costs and losses reasonably incurred in connection with any casualty or peril arising from or relating to the Project not caused by a Subcontractor, Sub-subcontractor, Supplier, or Design-Builder, and not resulting from Design-Builder's failure to meet its Contract Document requirements; provided, however, requisite or otherwise available insurance or bonds would not cover such costs.
Casualties. Neither the Company nor any of the Company's Subsidiaries has been affected in any way as a result of flood, fire, explosion or other casualty (whether or not material and whether or not covered by insurance). The Company is not aware of any circumstance which is likely to cause it to suffer any material adverse change in its business, operations or prospects.
Casualties. In the event that, subsequent to the Effective Date and prior to the Closing, any portion of the Property shall be damaged or destroyed by fire or other casualty in excess of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), Purchaser may, at its option, either (a) terminate this Agreement by written notice thereof to Seller within ten (10) days after Seller notifies Purchaser of the casualty, at which xxxx Xxxxxx shall direct the Title Company to promptly return the Deposit to Purchaser, with neither party hereto being thereafter obligated to the other, except as to Purchaser's obligation to return to Seller due diligence materials pursuant to Section 5.4 hereof, and except for Purchaser's indemnification liabilities set forth in Sections 6.1 and 19.1(d) hereof, or (b) proceed to the Closing, in which event Seller shall, at Purchaser's option, deliver to Purchaser at the Closing any insurance proceeds received by Seller attributable to the Property from such casualty or allow Purchaser at the Closing a credit against the Purchase Price in the amount of such agreed upon insurance proceeds. In the event that such damage is an amount less than FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), Purchaser shall proceed to the Closing, provided that Purchaser may, at its option, (i) pay the full balance of the Purchase Price, in which event Purchaser shall be entitled to any insurance proceeds received attributable to the Property from such casualty or (ii) reduce the Purchase Price in an amount equal to the fair market value of the cost to repair the damages (as mutually agreed upon by Seller and Purchaser), in which event Seller shall be entitled to any insurance proceeds attributable to the Property from such casualty.
Casualties. (a) If any damage to the Real Property shall occur prior to the Closing Date by reason of fire, windstorm, earthquake, hail, explosion, hurricane or other casualty, Seller shall promptly notify Purchaser. If the cost of repairing such damage will equal or exceed Four Million Two Hundred Fifty Thousand Dollars ($4,250,000.00), Purchaser may then elect to (i) terminate this Agreement by giving written notice to Seller, whereupon Escrow Company shall immediately return the Deposit to Purchaser, the Parties shall each pay one-half of the costs of the escrow, and neither party to this Agreement shall thereafter have any further rights or liabilities under this Agreement, except for the Surviving Obligations, or (ii) receive an assignment of all of Seller’s claims in connection therewith and any rights to any insurance proceeds (excluding business interruption proceeds for the period prior to Closing) relating to such damage and acquire the Property with appropriate adjustments to the Purchase Price equal to the deductible under the applicable insurance policy (to the extent such deductible is not applied by Seller for repairs prior to Closing) and the reasonable costs and expenses incurred by Seller to negotiate or settle any casualty claim with an insurer and to stabilize the Property following such casualty.
Casualties. (a) Trustor will promptly notify Beneficiary in writing after any loss or damage caused by fire or other casualty to the Property, and prior to the making of any repairs. Trustor will furnish to Beneficiary within sixty (60) days after the loss or damage the following:
