Common use of Damage; Destruction and Eminent Domain Clause in Contracts

Damage; Destruction and Eminent Domain. If, during the term of this Agreement, the Project Facilities or any portion thereof is destroyed or damaged in whole or in part by fire or other casualty, or title to, or the temporary use of, the Project Facilities or any portion thereof shall have been taken by the exercise of the power of eminent domain, the Company (unless it shall have exercised its option to prepay the Loan Payments pursuant to Section 6.2 hereof) shall promptly repair, rebuild or restore the portion of the Project Facilities so damaged, destroyed or taken with such changes, alterations and modifications (including the substitution and addition of other property) as may be necessary or desirable for the administration and operation of the Project Facilities as Air Quality Facilities and as shall not impair the character or significance of the Project Facilities as furthering the purposes of the Act.

Appears in 6 contracts

Samples: Loan Agreement (Cincinnati Gas & Electric Co), Loan Agreement (Cincinnati Gas & Electric Co), Loan Agreement (Cincinnati Gas & Electric Co)

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Damage; Destruction and Eminent Domain. If, during the term of this Agreement, the Project Facilities or any portion thereof is destroyed or damaged in whole or in part by fire or other casualty, or title to, or the temporary use of, the Project Facilities or any portion thereof shall have been taken by the exercise of the power of eminent domain, the Company (unless it shall have exercised its option to prepay the Loan Payments pursuant to Section 6.2 hereof) shall promptly repair, rebuild or restore the portion of the Project Facilities so damaged, destroyed or taken with such changes, alterations and modifications (including the substitution and addition of other property) as may be necessary or desirable for the administration and operation of the Project Facilities as Air Quality Pollution Control Facilities and as shall not impair the character or significance of the Project Facilities as furthering the purposes of the Act.

Appears in 6 contracts

Samples: Loan Agreement (Cincinnati Gas & Electric Co), Loan Agreement (Cincinnati Gas & Electric Co), Loan Agreement (Psi Energy Inc)

Damage; Destruction and Eminent Domain. If, during the term of this Agreement, the Project Facilities or any portion thereof is destroyed or damaged in whole or in part by fire or other casualty, or title to, or the temporary use of, the Project Facilities or any portion thereof shall have been taken by the exercise of the power of eminent domain, the Company (unless it shall have exercised its option to prepay the Loan Payments pursuant to Section 6.2 hereof) shall promptly repair, rebuild or restore the portion of the Project Facilities so damaged, destroyed or taken with such changes, alterations and modifications (including the substitution and addition of other property) as may be necessary or desirable for the administration and operation of the Project Facilities as Air Quality Pollution Control Facilities or Solid Waste Disposal Facilities and as shall not impair the character or significance of the Project Facilities as furthering the purposes of the Act.

Appears in 2 contracts

Samples: Loan Agreement (Cincinnati Gas & Electric Co), Loan Agreement (Psi Energy Inc)

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Damage; Destruction and Eminent Domain. If, during the term of this Agreement, the Project Facilities or any portion thereof is destroyed or damaged in whole or in part by fire or other casualty, or title to, or the temporary use of, the Project Facilities or any portion thereof shall have been taken by the exercise of the power of eminent domain, the Company (unless it shall have exercised its option to prepay the Loan Payments pursuant to Section 6.2 hereof) shall promptly repair, rebuild or restore the portion of the Project Facilities so damaged, destroyed or taken with such changes, alterations and modifications (including the substitution and addition of other property) as may be necessary or desirable for the administration and operation of the Project Facilities as Air Quality Pollution Control Facilities, Sewage Facilities or Solid Waste Disposal Facilities and as shall not impair the character or significance of the Project Facilities as furthering the purposes of the Act.

Appears in 1 contract

Samples: Loan Agreement (Union Light Heat & Power Co)

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