Casualty or Taking. 9.1 TENANT to Repair or Rebuild in the Event of Casualty 10 9.2 Right to Terminate in Event of Casualty 10 9.3 Eminent Domain 11
Casualty or Taking. 8.1 In case during the Term all or any substantial part of the Premises or the Building or the Lot are damaged materially by fire or other casualty or by action of public or other authority in consequence thereof, or are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord’s election, which may be made notwithstanding Landlord’s entire interest may have been divested, by notice given to Tenant within sixty (60) days after the election to terminate arises, specifying the effective date of termination. The effective date of termination specified by Landlord shall be not less than fifteen (15) nor more than thirty (30) days after the date of notice of such termination. Unless terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such damage or taking, subject, however, to the following provisions. If in any such case the Premises are rendered unfit for use and occupation and this Lease is not so terminated, Landlord shall use reasonable efforts (following the expiration of the sixty (60) day period in which Landlord may terminate this Lease) to put the Premises and the Building, or in case of taking what may remain thereof into proper condition for use and occupation (excluding in case of both casualty and taking any items installed or paid for by Tenant which Tenant may be required to remove pursuant to this Lease). Landlord shall not be required to expend sums in excess of the net proceeds received on account of such casualty or taking. A just proportion of the Fixed Rent and Additional Rent according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition. In case of a taking which permanently reduces the area of the Premises, a just proportion of the Fixed Rent and Additional Rent shall be abated for the remainder of the Term. However, in any event, Tenant may terminate this Lease, without penalty, if the Premises are not restored to its original condition no later than one hundred eighty (180) days after the fire or other casualty.
Casualty or Taking. 30 7.1 Termination....................................................................30 7.2 Restoration....................................................................31 7.3 Award..........................................................................31 7.4
Casualty or Taking. 9.1 TENANT to Repair or Rebuild in the Event of Casualty ............................................10 9.2 Right to Terminate in Event of Casualty .........................................................10 9.3
Casualty or Taking. If Buyer does not terminate the Agreement within ten days of notice of such Casualty or Taking, Seller shall have the right to terminate the Agreement or rebuild, repair or replace such lost or damaged portion of the Assets by giving Buyer written notice of such election. The Closing will be delayed until such loss or damage has been cured to the reasonable satisfaction of Buyer. If the Seller is unable to cure such loss or damage within three (3) months after the date of such loss or damage, Buyer may terminate this Agreement. If Buyer so terminates this Agreement, both Parties shall be relieved of all liabilities and obligations hereunder. For the purposes of this subsection only, a Casualty shall be deemed "material" if the estimated cost of repairing the damage caused thereby (without taking into account any insurance proceeds or third party contributions in respect of such repair) shall exceed $100 million, and a Taking shall be deemed a taking of a "material" portion of the Assets if more than 10% of the area of the Refinery Land on which the process units are located is so taken; and in any event, a Casualty or Taking shall be deemed "material" if the Operations would be significantly curtailed for a period exceeding three (3) months as a result of the rebuilding, repair or replacement thereof.
Casualty or Taking. 9.1 TENANT to Repair or Rebuild in the Event of Casualty - In case the Premises or any part thereof shall be damaged or destroyed by fire other casualty, taken (which term or reference to eminent domain action generally, for the purposes of this Article shall include a sale in lieu of the exercise of the right of eminent domain) or ordered to be demolished by the action of any public authority in consequence of a fire or other casualty, this Lease shall, unless it is terminated as provided below in Section 9.2 or 9.3, remain in full force and effect and TENANT shall, at its expense, proceed with all reasonable dispatch, to repair or rebuild the premises and the improvements, or what may remain thereof, so as to restore them as nearly as practicable to the condition they were in immediately prior to such damage or destruction.
Casualty or Taking. 9.1 TENANT to Repair or Rebuild in the Event of Casualty 10 9.2 Right to Terminate in Event of Casualty 10 9.3 Eminent Domain 11 Page ARTICLE X - Defaults ---- -------------------- 10.1 Events of Default 11 10.2 Remedies 12 10.3 Remedies Cumulative 12 10.4 LANDLORD'S and TENANT'S Right to Cure Defaults 12 10.5 Effect of Waivers of Default 13 ARTICLE XI - Miscellaneous Provisions ---------- ------------------------
Casualty or Taking. 10.1 In the event that the Premises, or more than 25% thereof, shall be taken by any public authority or for any public use, or shall be destroyed or damaged by fire or casualty, or by the action of any public authority, and the same cannot, in Millipore’s reasonable judgment, be restored within 180 days from such taking or casualty, or if in Entegris’ reasonable judgment, such circumstance would prevent it from continuing the conduct of its manufacturing operations at the Premises substantially in the manner contemplated under this Agreement, then this Agreement may be terminated at the election of either Millipore or Entegris. Such election shall be made by either party, by the giving of notice to the other party within thirty (30) days following such taking or casualty.
Casualty or Taking. 18 7.1. TAKING..................................................................................................18 7.2 CASULATY................................................................................................18 ARTICLE VIII.....................................................................................................19 DEFAULTS.........................................................................................................19
Casualty or Taking. 17 7.1 Termination .................................................................................................................17 7.2 Restoration ..................................................................................................................17 7.3 Award ..........................................................................................................................18 7.4 Effect of Casualty or Taking on the Tax Excess and the Operating Cost Excess ......18
