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

Destruction, Damage and Eminent Domain. If the Project Facilities shall be wholly or partially destroyed or damaged by fire or other casualty covered by insurance, or shall be wholly or partially condemned, taken or injured by any Person, including any Person possessing the right to exercise the power of or a power in the nature of eminent domain or shall be transferred to such a Person by way of a conveyance in lieu of the exercise of such a power by such a Person, the Lessee covenants that it will take all actions and will do all things which may be necessary to enable recovery to be made upon such policies of insurance or on account of such taking, condemnation, conveyance, damage or injury. The Lessee is authorized, in its own name, as trustee of an express trust, to demand, collect, xxx, settle claims, receipt and release monies which may be due and payable under policies of insurance covering such damage or destruction or on account of such condemnations, damage or injury. Any moneys recovered: (i) on policies of insurance required to be maintained hereunder; or (ii) as a result of any taking, condemnation, conveyance, damage or injury shall be deposited with the Trustee under the Indenture and shall be applied in accordance with the provisions of Section 7.1 hereof; provided, however, that as long as the Letter of Credit Bank is not in default under the terms of the Letter of Credit, the applicable provisions of the Credit Agreement shall control the disposition of casualty insurance and condemnation award proceeds. Any appraisement or adjustment of loss or damage and any settlement or payment therefor, shall be agreed upon by the Lessee, the Bank (as long as the Letter of Credit Bank is not in default under the Letter of Credit) and the appropriate insurer or condemnor or Person, and shall be evidenced to the Bank by the certificate and approvals set forth in the Indenture. The Bank may rely conclusively upon such certificates.

Destruction, Damage and Eminent Domain. If the Project Facilities shall be wholly or partially destroyed or damaged by fire or other casualty covered by insurance, or shall be wholly or partially condemned, taken or injured by any Person, including any Person possessing the right to exercise the power of or a power in the nature of eminent domain or shall be transferred to such a Person by way of a conveyance in lieu of the exercise of such a power by such a Person, the Lessee Company covenants that it will take all actions and will do all things which may be necessary to enable recovery to be made upon such policies of insurance or on account of such taking, condemnation, conveyance, damage or injury. The Lessee Company is authorized, in its own name, as trustee of an express trust, to demand, collect, xxx, settle claims, receipt and release monies which may be due and payable under policies of insurance covering such damage or destruction or on account of such condemnations, damage or injury. Any moneys recovered: (i) on policies of insurance required to be maintained hereunder; or (ii) as a result of any taking, condemnation, conveyance, damage or injury shall be deposited with in the Construction Fund held by the Trustee under the Indenture and shall be applied in accordance with the provisions of Section 7.1 6.04 hereof; provided, however, that as long as the Letter of Credit Bank is not in default under the terms of the Letter of Credit, the applicable provisions of the Credit Reimbursement Agreement shall control the disposition of casualty insurance and condemnation award proceeds. Any appraisement or adjustment of loss or damage and any settlement or payment therefor, shall be agreed upon by the LesseeCompany, the Bank (as long as the Letter of Credit Bank is not in default under the Letter of Credit) and the appropriate insurer or condemnor or Person, and shall be evidenced to the Bank by the certificate and approvals set forth in the Indenture. The Bank may rely conclusively upon such certificates.

Destruction, Damage and Eminent Domain. If the Project Facilities shall be wholly or partially destroyed or damaged by fire or other casualty covered by insurance, or shall be wholly or partially condemned, taken or injured by any Person, including any Person possessing the right to exercise the power of eminent domain, or a power in the nature of eminent domain domain, or shall be transferred to such a Person by way of a conveyance in lieu of the exercise of such a power by such a Person, the Lessee Company covenants that it will take all actions and will do all things which may be necessary to enable recovery to be made upon such policies of fire or casualty insurance or on account of such taking, condemnation, conveyance, damage or injury. The Lessee Net Proceeds of any such fire or casualty insurance claim or condemnation award recovered with respect to the Project Facilities shall be deposited in the Project Fund under the Indenture and shall be applied in accordance with the provisions of Section 6.04 hereof; provided, however, that so long as the Bank is not in default under the terms of the Letter of Credit, the applicable provisions of the Reimbursement Agreement shall control the disposition of Net Proceeds of fire or casualty insurance claims or condemnation awards with respect to the Project Facilities. The Company is authorized, in its own name, as trustee of an express trust, to demand, collect, xxx, settle claims, receipt and release monies moneys which may be due and payable under policies of fire or casualty insurance covering such damage or destruction or on account of such condemnationscondemnation, damage or injury. Any moneys recovered: (i) on policies of insurance required to be maintained hereunder; or (ii) as a result of any taking, condemnation, conveyance, damage or injury shall be deposited with the Trustee under the Indenture and shall be applied in accordance with the provisions of Section 7.1 hereof; provided, however, that as long as the Letter of Credit Bank is not in default under the terms of the Letter of Credit, the applicable provisions of the Credit Agreement shall control the disposition of casualty insurance and condemnation award proceeds. Any appraisement or adjustment of loss or damage and any settlement or payment therefor, therefor shall be agreed upon by the LesseeCompany, the Bank (as long as the Letter of Credit Bank is not in default under the Letter of Credit) and the appropriate insurer or condemnor or Personcondemnor, and shall be evidenced to the Bank by the certificate and approvals set forth in required by the Indenture. The Bank may rely conclusively upon such certificates.

Destruction, Damage and Eminent Domain. If the Project Facilities shall be wholly or partially destroyed or damaged by fire or other casualty covered by insurance, or shall be wholly or partially condemned, taken or injured by any Person, including any Person possessing the right to exercise the power of or a power in the nature of eminent domain or shall be transferred to such a Person by way of a conveyance in lieu of the exercise of such a power by such a Person, the Lessee Borrower covenants that it will take all actions and will do all things which may be necessary to enable recovery to be made upon such policies of insurance or on account of such taking, condemnation, conveyance, damage or injury. The Lessee Borrower is authorized, in its own name, as trustee of an express trust, to demand, collect, xxxsue, settle claims, receipt and release monies which may be due and payable pxxxble under policies of insurance covering such damage or destruction or on account of such condemnationscondemnation, damage or injury. Any moneys recovered: (i) recovered on policies of insurance required to be maintained hereunder; hereunder or (ii) as a result of any taking, condemnation, conveyance, damage or injury shall be deposited with in the Project Fund held by the Trustee under the Indenture and shall be applied in accordance with the provisions of Section 7.1 6.04 hereof; provided, however, that as long as the Letter of Credit Bank is not in default under the terms of the Letter of Credit, the applicable provisions of the Credit Agreement shall control the disposition of casualty insurance and condemnation award proceeds. Any appraisement or adjustment of loss or damage and any settlement or payment therefor, shall be agreed upon by the Lessee, the Bank (as long as the Letter of Credit Bank is not in default under the Letter of Credit) Borrower and the appropriate insurer or condemnor or Person, and shall be evidenced to the Bank Trustee by the certificate and approvals set forth in the Indenture. The Bank Trustee may rely conclusively upon such certificates.

Destruction, Damage and Eminent Domain. If the Project Facilities shall be wholly or partially destroyed or damaged by fire or other casualty covered by insurance, or shall be wholly or partially condemned, taken or injured by any Person, including any Person possessing the right to exercise the power of or a power in the nature of eminent domain or shall be transferred to such a Person by way of a conveyance in lieu of the exercise of such a power by such a Person, the Lessee Company covenants that it will take all actions and will do all things which may be necessary to enable recovery to be made upon such policies of insurance or on account of such taking, condemnation, conveyance, damage or injury. The Lessee Company is authorized, in its own name, as trustee of an express trust, to demand, collect, xxxsue, settle claims, receipt and release xxlease monies which may be due and payable under policies of insurance covering such damage or destruction or on account of such condemnations, damage or injury. Any moneys recovered: (i) on policies of insurance required to be maintained hereunder; or (ii) as a result of any taking, condemnation, conveyance, damage or injury shall be deposited with in the Construction Fund held by the Trustee under the Indenture and shall be applied in accordance with the provisions of Section 7.1 6.04 hereof; provided, however, that as long as the Letter of Credit Bank is not in default under the terms of the Letter of Credit, the applicable provisions of the Credit Reimbursement Agreement shall control the disposition of casualty insurance and condemnation award proceeds. Any appraisement or adjustment of loss or damage and any settlement or payment therefor, shall be agreed upon by the LesseeCompany, the Bank (as long as the Letter of Credit Bank is not in default under the Letter of Credit) and the appropriate insurer or condemnor or Person, and shall be evidenced to the Bank by the certificate and approvals set forth in the Indenture. The Bank may rely conclusively upon such certificates.

Destruction, Damage and Eminent Domain. If the Project Facilities shall be wholly or partially destroyed or damaged by fire or other casualty covered by insurance, or shall be wholly or partially condemned, taken or injured by any Person, including any Person possessing the right to exercise the power of or a power in the nature of eminent domain or shall be transferred to such a Person by way of a conveyance in lieu of the exercise of such a power by such a Person, the Lessee Borrower covenants that it will take all actions and will do all things which may be necessary to enable recovery to be made upon such policies of insurance or on account of such taking, condemnation, conveyance, damage or injury. The Lessee Borrower is authorized, in its own name, as trustee of an express trust, to demand, collect, xxxsue, settle claims, receipt and release monies moneys which may be due and payable under policies of insurance covering such damage or destruction or on account of such condemnationscondemnation, damage or injury. Any moneys recovered: recovered (i) on policies of insurance required to be maintained hereunder; hereunder or (ii) as a result of any taking, condemnation, conveyance, damage or injury shall be deposited with in the Project Fund held by the Trustee under the Indenture and shall be applied in accordance with the provisions of Section 7.1 6.04 hereof; provided, however, that as long as the Letter of Credit Bank is not in default under the terms of the Letter of Credit, the applicable provisions of the Credit Reimbursement Agreement shall control the disposition of casualty insurance and condemnation award proceeds. Any appraisement or adjustment of loss or damage and any settlement or payment therefortherefore, shall be agreed upon by the LesseeBorrower, the Bank (as long as the Letter of Credit Bank is not in default under the Letter of Credit) and the appropriate insurer or condemnor or Person, and shall be evidenced to the Bank by the certificate and approvals set forth in the Indenture. The Bank may rely conclusively upon such certificates.

Destruction, Damage and Eminent Domain. If the Project Facilities shall be wholly or partially destroyed or damaged by fire or other casualty covered by insurance, or shall be wholly or partially condemned, taken or injured by any Person, including any Person possessing the right to exercise the power of or a power in the nature of eminent domain or shall be transferred to such a Person by way of a conveyance in lieu of the exercise of such a power by such a Person, the Lessee Company covenants that it will take all actions and will do all things which may be necessary to enable recovery to be made upon such policies of insurance or on account of such taking, condemnation, conveyance, damage or injury. The Lessee Company is authorized, in its own name, as trustee of an express trust, to demand, collect, xxx, settle claims, receipt and release monies which may be due and payable under policies of insurance covering such damage or destruction or on account of such condemnations, damage or injury. Any moneys recovered: recovered (i) on policies of insurance required to be maintained hereunder; hereunder or (ii) as a result of any taking, condemnation, conveyance, damage or injury shall be deposited with in the Construction Fund held by the Trustee under the Indenture and shall be applied in accordance with the provisions of Section 7.1 6.04 hereof; provided, however, that as long as the Letter of Credit Bank is not in default under the terms of any of the Letter Letters of Credit, the applicable provisions of the Credit Reimbursement Agreement shall control the disposition of casualty insurance and condemnation award proceeds. Any appraisement or adjustment of loss or damage and any settlement or payment therefor, shall be agreed upon by the LesseeCompany, the Bank (as long as the Letter of Credit Bank is not in default under any of the Letter Letters of Credit) and the appropriate insurer or condemnor or Person, and shall be evidenced to the Bank by the certificate and approvals set forth in the Indenture. The Bank may rely conclusively upon such certificates.

Destruction, Damage and Eminent Domain. If the Project Facilities shall be wholly or partially destroyed or damaged by fire or other casualty covered by insurance, or shall be wholly or partially condemned, taken or injured by any Person, including any Person possessing the right to exercise the power of or a power in the nature of eminent domain or shall be transferred to such a Person by way of a conveyance in lieu of the exercise of such a power by such a Person, the Lessee Company covenants that it will take all actions and will do all things which may be necessary to enable recovery to be made upon such policies of insurance or on account of such taking, condemnation, conveyance, damage or injury. The Lessee Company is authorized, in its own name, as trustee of an express trust, to demand, collect, xxx, settle claims, receipt receive and release monies moneys which may be due and payable under policies of insurance covering such damage or destruction or on account of such condemnationscondemnation, damage or injury. Any moneys recovered: recovered (i) on policies of insurance required to be maintained hereunder; hereunder or (ii) as a result of any taking, condemnation, conveyance, damage or injury shall be deposited with in the Project Fund held by the Trustee under the this Indenture and shall be applied in accordance with the provisions of Section 7.1 12.04 hereof; , provided, however, that as long as the Letter of Credit Bank is not in default under the terms of the Letter of Credit, the applicable provisions of the Credit Reimbursement Agreement shall control the disposition of casualty insurance and condemnation award proceeds. Any appraisement or adjustment of loss or damage and any settlement or payment therefortherefore, shall be agreed upon by the LesseeCompany, the Bank (as long as the Letter of Credit Bank is in not in default under the Letter of Credit) and the appropriate insurer or condemnor or Person, and shall be evidenced to the Bank by the certificate and approvals set forth in the this Indenture. The Bank may rely conclusively upon such certificates.

Destruction, Damage and Eminent Domain. If the Project Facilities shall be wholly or partially destroyed or damaged by fire or other casualty covered by insurance, or shall be wholly or partially condemned, taken or injured by any Person, including any Person possessing the right to exercise the power of eminent domain, or a power in the nature of eminent domain domain, or shall be transferred to such a Person by way of a conveyance in lieu of the exercise of such a power by such a Person, the Lessee Company covenants that it will take all actions and will do all things which may be necessary to enable recovery to be made upon such policies of fire or casualty insurance or on account of such taking, condemnation, conveyance, damage or injury. The Lessee Net Proceeds of any such fire or casualty insurance claim or condemnation award recovered with respect to the Project Facilities shall be deposited in the Project Fund linger the Indenture and shall be applied in accordance with the provisions of Section 6.04 hereof; provided, however, that so long as the Bank is not in default under the terms of the Letter of Credit, the applicable provisions of the Letter of Credit Agreement shall control the disposition of Net Proceeds of fire or casualty insurance claims or condemnation awards with respect to the Project Facilities. The Company is authorized, in its own name, as trustee of an express trust, to demand, collect, xxx, settle claims, receipt and release monies moneys which may be due and payable under policies of fire or casualty insurance covering such damage or destruction or on account of such condemnationscondemnation, damage or injury. Any moneys recovered: (i) on policies of insurance required to be maintained hereunder; or (ii) as a result of any taking, condemnation, conveyance, damage or injury shall be deposited with the Trustee under the Indenture and shall be applied in accordance with the provisions of Section 7.1 hereof; provided, however, that as long as the Letter of Credit Bank is not in default under the terms of the Letter of Credit, the applicable provisions of the Credit Agreement shall control the disposition of casualty insurance and condemnation award proceeds. Any appraisement or adjustment of loss or damage and any settlement or payment therefor, therefor shall be agreed upon by the LesseeCompany, the Bank (as long as the Letter of Credit Bank is not in default under the Letter of Credit) and the appropriate insurer or condemnor or Personcondemnor, and shall be evidenced to the Bank by the certificate and approvals set forth in required by the Indenture. The Bank may rely conclusively upon such certificates.

Destruction, Damage and Eminent Domain. If the Project Facilities shall be wholly or partially destroyed or damaged by fire or other casualty covered by insurance, or shall be wholly or partially condemned, taken or injured by any Person, including any Person possessing the right to exercise the power of eminent domain, or a power in the nature of eminent domain domain, or shall be transferred to such a Person by way of a conveyance in lieu of the exercise of such a power by such a Person, the Lessee Company covenants that it will take all actions and will do all things which may be necessary to enable recovery to be made upon such policies of fire or casualty insurance or on account of such taking, condemnation, conveyance, damage or injury. The Lessee Net Proceeds of any such fire or casualty insurance claim or condemnation award recovered with respect to the Project Facilities shall be deposited in the Project Fund under the Indenture and shall be applied in accordance with the provisions of Section 6.04 hereof; provided, however, that so long as the Bank is not in default under the terms of the Letter of Credit, the applicable provisions of the Letter of Credit Agreement shall control the disposition of Net Proceeds of fire or casualty insurance claims or condemnation awards with respect to the Project Facilities. The Company is authorized, in its own name, as trustee of an express trust, to demand, collect, xxx, settle claims, receipt and release monies moneys which may be due and payable under policies of fire or casualty insurance covering such damage or destruction or on account of such condemnationscondemnation, damage or injury. Any moneys recovered: (i) on policies of insurance required to be maintained hereunder; or (ii) as a result of any taking, condemnation, conveyance, damage or injury shall be deposited with the Trustee under the Indenture and shall be applied in accordance with the provisions of Section 7.1 hereof; provided, however, that as long as the Letter of Credit Bank is not in default under the terms of the Letter of Credit, the applicable provisions of the Credit Agreement shall control the disposition of casualty insurance and condemnation award proceeds. Any appraisement or adjustment of loss or damage and any settlement or payment therefor, therefor shall be agreed upon by the LesseeCompany, the Bank (as long as the Letter of Credit Bank is not in default under the Letter of Credit) and the appropriate insurer or condemnor or Personcondemnor, and shall be evidenced to the Bank by the certificate and approvals set forth in required by the Indenture. The Bank may rely conclusively upon such certificates.