Common use of Damage and Repair Clause in Contracts

Damage and Repair. A. If, during the Term hereof, the Hotel is damaged or destroyed by fire, casualty or other cause, Owner shall, with all reasonable diligence, to the extent that proceeds from the insurance described in Section 12.02 are available (subject to the provisions of any Mortgage encumbering the Hotel, but with the limitations described in Section 12.03 C) for such purpose, repair or replace the damaged or destroyed portion of the Hotel to the same condition as existed previously.

Appears in 2 contracts

Samples: Management Agreement (Desert Springs Marriott Limited Partnership), Management Agreement (Crestline Capital Corp)

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Damage and Repair. A. If, during the Term hereofTerm, the Hotel is damaged or destroyed by fire, casualty casualty, or other cause, Owner shall, with all reasonable diligenceat its option, to the extent that proceeds from the insurance described in Section 12.02 are available (subject to the provisions of any Mortgage encumbering the Hotel, but with the limitations described in Section 12.03 C) for such purposeand at its sole cost and expense, repair or replace the damaged or destroyed portion of the Hotel to substantially the same condition as existed previously. Manager shall have the right to discontinue operating the Hotel to the extent it deems necessary to comply with applicable law, ordinance, regulation or order or as necessary for the safe and orderly operation of the Hotel.

Appears in 1 contract

Samples: Management Agreement (Apple REIT Ten, Inc.)

Damage and Repair. A. If, during the Term hereofterm of this Agreement, the Hotel is damaged or destroyed by fire, casualty or other cause, Owner shall, with all reasonable diligence, to the extent that proceeds from the insurance described in Section 12.02 are available (subject to the provisions of any Mortgage encumbering the HotelFirst Mortgage, but with the limitations described in Section 12.03 C) for such purpose, repair or replace the damaged or destroyed portion of the Hotel to the same condition as existed previously.

Appears in 1 contract

Samples: Management Agreement (Hanover Marriott Limited Partnership)

Damage and Repair. A. If, during the Term hereof, the Hotel is damaged or destroyed by fire, casualty casualty, or other cause, Owner shall, with all reasonable diligence, to the extent that proceeds from the insurance described in Section 12.02 12.01 are available (subject to the provisions of any Mortgage encumbering the Hotel, but with the limitations described in Section 12.03 C) for such purpose, repair or replace the damaged or destroyed portion of the Hotel to substantially the same condition as existed previously.

Appears in 1 contract

Samples: Management Agreement (American Realty Capital Hospitality Trust, Inc.)

Damage and Repair. A. If, during the Term hereof, the Hotel Inn is damaged or destroyed by fire, casualty or other cause, Owner shall, with all reasonable diligence, to the extent that proceeds from the insurance described in Section 12.02 are available (subject to the provisions of any Mortgage encumbering the HotelInn, but with the limitations described in Section 12.03 C12.03.C) for such purpose, repair or replace the damaged or destroyed portion of the Hotel Inn to the same condition as existed previously.

Appears in 1 contract

Samples: Management Agreement (Crestline Capital Corp)

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Damage and Repair. A. If, during the Term hereof, the Hotel Inn is damaged or destroyed by fire, casualty or other cause, Owner shall, with all reasonable diligence, to the extent that proceeds from the insurance described in Section 12.02 12.2 are available (subject to the provisions of any Mortgage encumbering the HotelInn, but with the limitations described in Section 12.03 C12.3.C) for such purpose, repair or replace the damaged or destroyed portion of the Hotel Inn to the same condition as existed previously.

Appears in 1 contract

Samples: Management Agreement (Hospitality Properties Trust)

Damage and Repair. A. If, If during the Term term hereof, the Hotel is damaged or destroyed by fire, casualty or other cause, Owner shall, shall at its cost and expense and with all reasonable diligence, to the extent that proceeds from the insurance described in Section 12.02 are available (subject to the provisions of any Mortgage encumbering the Hotel, but with the limitations described in Section 12.03 C) for such purpose, repair or replace the damaged or destroyed portion of the Hotel to the same condition as existed previously. Owner's obligation to repair or replace shall, however, be limited to the amount of insurance proceeds available for such purpose plus the amount of any funds in the Reserve.

Appears in 1 contract

Samples: Management Agreement (Mutual Benefit Chicago Marriott Suite Hotel Partners L P)

Damage and Repair. A. If, during the Term term hereof, the Hotel is damaged or destroyed by fire, casualty casualty, or other cause, Owner shall, with all reasonable diligence, to the extent that proceeds from the insurance described in Section 12.02 12.01 are available (subject to the provisions of any Mortgage encumbering the Hotel, but with the limitations described in Section 12.03 C) for such purpose, repair or replace the damaged or destroyed portion of the Hotel to substantially the same condition as existed previously.

Appears in 1 contract

Samples: Management Agreement (Equity Inns Inc)

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