Damage to the Project. If there is a total destruction of the Project or a partial destruction of the Project, the cost of restoration of which would exceed one-third (1/3) of the then replacement value of the Project, by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, Landlord may within a period of one hundred eighty (180) days after the occurrence of such destruction, notify Tenant in writing that it elects not to so reconstruct or restore the Project, in which event this Lease shall cease and terminate as of the date of such destruction.
Damage to the Project. Subject to the restrictions and limitations set forth in this Section 10 and subject to TxDOT’s rights set forth in Sections 3.3.1.3, 3.4.2.2, and 3.4.2.3, DB Contractor shall be entitled to a Change Order for its reasonable and documented costs to repair direct physical damage to any of the Maintained Elements to the extent set forth in this Section 10.8.3.
Damage to the Project. 4.5.11.3.1 Subject to the restrictions and limitations set forth in this Section 4.5 hereof and Section 5 of the CMA, DB Contractor shall be entitled to a Change Order for its reasonable and documented costs to repair direct physical damage to any of the Maintained Elements to the extent set forth in this Section 4.5.11.3.
Damage to the Project. 3.8.3.1 DB Contractor shall be excused from its obligation to repair direct physical loss or damage to the Project, including debris removal, to the extent such damage is directly attributable to and resulting from any of the following events, provided (1) the event is beyond the control of the DB Contractor-Related Entities, (2) the event is not due to an act, omission, negligence, recklessness, willful misconduct, breach of contract or Law of any DB Contractor-Related Entity, and (3) the event (or the effects of such event) could not have been avoided or mitigated by the exercise of caution, due diligence, or reasonable efforts by DB Contractor:
Damage to the Project. With respect to clauses (a) and (b) below, at any time on or after the Final Commencement Date:
Damage to the Project. In the event that the Project of which the Premises are a part shall be damaged or destroyed to the extent of thirty-three percent (33 %) or more of the then full replacement cost thereof, whether or not the Premises are damaged or destroyed, and provided that any insurance proceeds associated with such damage or destruction are insufficient to restore such damage or destruction or that Landlord's lender does not allow Landlord to utilize sufficient insurance proceeds to repair such damage or destruction, and Tenant has elected not to fund such deficit, then Landlord may at Landlord's option cancel and terminate this Lease by giving written notice to Tenant of Landlord's election to do so within thirty (30) days after the date of occurrence of such damage, in which event this Lease shall terminate on the date such notice is given. Landlord agrees that if the Lease is not terminated, then with respect to the remainder of the Project, Landlord will repair, rebuild or take the necessary steps so that the same is returned to its condition as it existed prior to such damage.
Damage to the Project. If there is a total destruction of the Project or a partial destruction of the Project, the cost of restoration of which would exceed fifty percent (50%) of the then replacement value of the Project, by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, and Landlord’s contractor reasonably estimates in a writing delivered to the parties that the damage to the Project is such that it will require longer than one hundred eighty (180) days to repair, reconstruct and restore the Project to substantially its condition immediately prior to the commencement of the Early Access Period, Landlord or Tenant may, within a period of forty five (45) days after the occurrence of such destruction, terminate this Lease by giving the other party one hundred eighty (180) days prior written notice of termination, in which event this Lease shall cease and terminate as of the end of such 180-day period or on such earlier date as the parties may mutually agree.
Damage to the Project. If there is any loss or damage to the Project because of fire or other casualty, the Bank may elect to do either of the following in its sole discretion:
Damage to the Project. In the event that the Project of which the Premises are a part shall be damaged or destroyed to the extent of thirty-three and one-third percent (33 1/3%) or more of the then full replacement cost thereof, whether or not the Premises are damaged or destroyed, Landlord may at Landlord's option cancel and terminate this Lease by giving written notice to Tenant of Landlord's election to do so within sixty (60) days after the date of occurrence of such damage, in which event this Lease shall terminate on the date such notice is given.
Damage to the Project. If there is a total destruction of the Project or a partial destruction of the Project, the cost of restoration of which would exceed one-third (1/3) of the then replacement value of the Project, by any cause whatsoever, whether or not insured against and whether or not the Premises are partially or totally destroyed, Landlord may within the earlier of fifteen (15) days after Landlord’s receipt of the estimate from Landlord’s contractor or forty-five (45) days after the occurrence of such destruction, notify Tenant in writing that it elects not to so reconstruct or restore the Project, In which event this Lease shall cease and terminate as of the date of such destruction.
