Damage and Restoration. 17.1 If the Premises, Shell of the Premises, Parking Garage, Common Area or Hotel or any part thereof shall be damaged or destroyed by fire, flood, hurricane, earthquake, tropical storm, tornado, lightning, wind damage, infestation or other casualty ("Damage") and this Lease is not terminated pursuant to this Article 17, Landlord shall proceed with due diligence to repair or cause to be repaired the Damage to the Shell of the Premises, Parking Garage, Common Area or the Hotel, but only to the extent Landlords' insurer makes the proceeds of Landlord's Insurance available for repair of such Damage ("Landlord's Restoration Work"), and Tenant shall proceed with due diligence to repair or cause to be repaired the Damage to the Premises (other than the Shell of the Premises and Landlord's Development Obligations) to a condition similar to that existing immediately prior to such Damage, but only to the extent Tenant's insurer makes the proceeds of Required Insurance available for repair of such Damage ("Tenant's Restoration Work"). If this Lease is not terminated, Landlord shall make all proceeds of Landlord's Insurance (as defined below) available for Landlord's Restoration Work. In the event (i) Landlord or its insurer fails to make all proceeds of Landlord's Insurance available or the aggregate proceeds of Landlord's insurance are insufficient, for whatever reason, to pay all costs or expenses related to Restoration Work to a condition substantially similar to that existing just prior to the Damage, and in either of such events, Landlord's Restoration Work is not performed; or (ii) such Damage is not covered by Landlord's Insurance, Tenant shall not be obligated to repair or cause to be repaired Tenant's Restoration Work, if any, and Tenant shall also have the right to terminate this Lease upon thirty (30) days notice to Landlord given prior to the date that Landlord shall commence or cause to be commenced Landlord's Restoration Work but not earlier than the date which is ninety (90) days after the date that the Damage occurs, whereupon the parties will be relieved of all obligations under this Lease which would otherwise accrue following such date (except as stated in Section 35.12), unless prior to the expiration of such thirty (30) day notice Landlord commences or causes to be commenced Landlord's Restoration Work. In the event of Damage, if (i) the Project shall be damaged to the extent of more than fifty percent (50%) of the cost of replacement thereof; o...
Damage and Restoration. In the event the whole or any part of the Improvements shall be damaged or destroyed by fire or other casualty, damage or action of the elements which is covered by insurance required to be carried by Tenant pursuant to this Lease or in fact caused by Tenant, at any time during the Term, Tenant shall with all due diligence, at Tenant’s sole cost and expense, repair, restore and rebuild the Improvements on substantially the same plan and design as existed immediately prior to such damage or destruction and to substantially the same condition that existed immediately prior to such damage, with any changes made by Tenant to comply with then applicable Laws and with any upgrades or improvements that Tenant may determine in its reasonable discretion. If Tenant desires to change the use of the Premises following such casualty, then Tenant may make appropriate changes to the Premises to accommodate such changed use after approval of such change of use by the County pursuant to Article IV above. This Article shall not apply to cosmetic damage or alterations.
Damage and Restoration. (a) If all or any part of the Mortgaged Property shall be damaged or destroyed, or if title to or the temporary use of the whole or any part of the Mortgaged Property shall be taken or condemned by a governmental authority for any public use or purpose, there shall be no abatement or reduction in the amounts payable by the Mortgagor hereunder or under the Note, and the Mortgagor shall continue to be obligated to make such payments.
Damage and Restoration. In the event the whole or any part of the Improvements shall be damaged or destroyed by fire or other casualty, damage or action of the elements which is fully covered by insurance required to be carried by Tenant pursuant to this Lease or in fact caused by Tenant, at any time during the Term, Tenant shall with all due diligence, at Tenant’s sole cost and expense, repair, restore and rebuild the Improvements on substantially the same plan and design as existed immediately prior to such damage or destruction and to substantially the same condition that existed immediately prior to such damage, with any changes made by Tenant to comply with then applicable Laws and with any upgrades or improvements that Tenant may determine in its reasonable discretion. If Tenant desires to change the use of the Premises following such casualty, then Tenant may make appropriate changes to the Premises to accommodate such changed use after approval of such change of use by the County pursuant to Article IV above. This Article shall not apply to cosmetic damage or alterations. In the event that Tenant shall determine, subject to the rights of the Leasehold Mortgagees and Limited Partner, if applicable, by notice to the County given by the later of ninety (90) days after the date of the damage or destruction or thirty (30) days after receipt by Tenant of any such insurance proceeds, that there are not adequate proceeds to restore the Improvements and/or the Premises to substantially the same condition in which they existed prior to the occurrence of such damage or destruction, then Tenant may, with the prior consent of all Leasehold Mortgagees, terminate this Lease as of a date that is not less than thirty (30) days after the date of such notice. If Leasehold Mortgagees refuse to consent to the termination of the Lease by Xxxxxx, the Lease and all terms and condition shall remain in full force and effect and may be enforced without reservation by the County. Subject to the rights of Leasehold Mortgagees in Section 17.9, if Tenant terminates this Lease pursuant to this Section 7.1, Tenant shall surrender possession of the Premises to the County immediately and assign to the County (or, if same has already been received by Tenant, pay to the County) all of its right, title and interest in and to the proceeds from Tenant’s insurance upon the Premises, less (i) any costs, fees, or expenses incurred by Tenant in connection with the adjustment of the loss or collection of the proceed...
Damage and Restoration. For your guidance, in this Catalogue we have not made reference to any defects, cracks and restoration. Condition Reports are available on request and listed online. Such practicable descriptions of damage cannot be definitive, and in providing Condition Reports, we cannot guarantee that there are no other defects present which have not been mentioned. Bidders should satisfy themselves by inspection, as to the condition of each Lot. Please see the Contract for Sale printed in the Catalogue. Because of the difficulty in determining whether an item of glass has been repolished, in the Catalogue reference is only made to visible chips and cracks. No mention is made of re-polishing, severe or otherwise.
Damage and Restoration. Subject to the provisions of Section 19.5, if, at any time after the Commencement Date and during the Term, all or any part of the Premises or Improvements are damaged or destroyed by any cause (“Casualty”), Lessee shall, at Lessee’s sole expense, repair, restore and reconstruct the Premises and Improvements to substantially the same condition that existed immediately prior to the Casualty in substantial conformance with the Final Plans (as may be modified pursuant to this Lease), subject to any changes necessary to comply with then applicable Laws and with any upgrades or improvements proposed by Lessee and reasonably approved by County. All such work shall be promptly constructed in a good and workmanlike manner according to and in conformance with all Laws and the requirements of this Lease.
Damage and Restoration. 13.1. In the event of any damage by the Licensee or any of its representatives; including, but not limited to; employees, contractors, volunteers, program spectators, guests and participants, the Licensee shall be responsible for restoring the Property or any other damaged area to its pre-existing condition prior to the damage.
Damage and Restoration. If the Premises or any Building Systems or common areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently restore the Premises and such Building Systems and common areas at Landlord’s expense, and not as a part of Operating Expenses. Such restoration shall be to substantially the condition that existed prior to the casualty, except for modifications required by zoning and building codes and other laws, or by the holder of a Mortgage on the Building, and any other modifications to the common areas deemed desirable by Landlord (provided access to the Premises and any common restrooms serving the Premises is not materially impaired). Landlord shall not be required to repair or replace any of Tenant’s furniture, furnishing, fixtures or equipment, or any Alterations or Tenant Improvements not originally installed or constructed by Landlord at its expense. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof, except that Landlord shall allow Tenant a proportionate abatement of Rent during the time and to the extent the Premises are unfit for occupancy by Tenant as a result thereof; provided, if the Premises or any other portion of the Building is damaged by fire or other casualty caused in whole or in part by Tenant or any of Tenant’s agents, contractors, employees, or visitors, Rent shall not be so abated.
Damage and Restoration. In the event the whole or any part of the Improvements shall be damaged or destroyed by fire or other casualty, damage or action of the elements which is covered by insurance required to be carried by Tenant pursuant to this Lease or in fact caused by Tenant, at any time during the Term, Tenant shall with all due diligence, at Tenant’s sole cost and expense, repair, restore and rebuild the Improvements on substantially the same plan and design as existed immediately prior to such damage or destruction and to substantially the same condition that existed immediately prior to such damage, with any changes made by Tenant to comply with then applicable laws or regulations and with any upgrades or improvements that Tenant may determine in its reasonable discretion. If Tenant shall be prevented from using the Premises for a period in excess of ninety (90) days following any total destruction of the Improvements which is not the fault of Tenant, Tenant shall have the right to terminate this Lease upon thirty
Damage and Restoration. .....................................................................25 ARTICLE 18 CONDEMNATION ..................................................................................28 ARTICLE 19
