DESTRUCTION OF FACILITIES Sample Clauses

DESTRUCTION OF FACILITIES. If at any time or times during said term the xxxxx, pipelines or facilities on the Pooled Lands designed for the production, delivery or use of Leased Substances are so damaged or the production of Leased Substances on or from the Pooled Lands to such facilities on or off the Pooled Lands ceases or is diminished by reason of lava flows, volcanic disturbances, eruptions, or seismic actions so as to interrupt the sale or use of Leased Substances, the annual rental payable hereunder pursuant to paragraph 5 shall be reduced (calculated to the nearest dollar) in the proportion which the sustained capability of production after such event bears to the sustained capability of production before such event. Such proportion shall be determined by mutual agreement of the parties hereto or, in the event the parties hereto shall fail to reach agreement within sixty (60) days after such event, the matter shall be determined by arbitration as provided in paragraph 9 hereof. As the xxxxx, pipelines and facilities for the production, sale or use of Leased Substances are restored to service and the sale or use of Leased Substances increases, the annual rental shall be proportionately increased until such rental reaches the level which would otherwise be payable but for such interruption.
Sample 1
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DESTRUCTION OF FACILITIES. If at any time or times during said term, the equipment, buildings or other improvements on the demised premises are so damaged or the level of use of Leased Substances ceases or is diminished by reason of lava flows, volcanic disturbances, eruptions, or seismic actions so as to interrupt the level of use of Leased Substances, the annual rent payable hereunder shall be reduced (calculated to the nearest dollar) in the proportion which the sustained level of use after such event bears to the sustained level of use before such event. Such proportion shall be determined by mutual agreement of the parties hereto or, in the event the parties hereto shall fail to reach agreement within sixty (60) days after such event, the matter shall be determined by arbitration as provided in paragraph 27 hereof. As the level of use of Leased Substances increases, the annual rent shall be proportionately increased until such rent reaches the level which would otherwise be payable but for such interruption.
Sample 1
DESTRUCTION OF FACILITIES. If the Facilities are damaged by any casualty, then the District shall have the option to either promptly restore the facilities or to terminate this Agreement with written notice. If the District chooses to restore the facilities, the cost of restoring the facilities under this section shall be borne by the Charter School if the cause of the casualty is the negligence or intentional act of the Charter School, its employees, agents, students or invitees, in part or in whole. The cost of restoring the Facilities under this section shall be borne by the District if the cause of the casualty is the negligence or intentional act of the District, its employees, agents, or invitees. The parties shall tender the cost of restoring the facilities to their respective insurance carriers if the casualty is caused by a third party or by act of God. The Parties, and/or their insurance carrier, reserve the right to pursue recovery or reimbursement in subrogation for any restoration to the facilities against any responsible party, including but not limited to each other. If restoration is to occur, it shall be performed in such a way that will cause the least disruption to the Charter School’s academic program.
Sample 1
DESTRUCTION OF FACILITIES. In the event of partial destruction of the Facilities during the Term hereof, from any cause, Foundation, in its sole discretion, shall decide whether to repair same. Provided that such repairs, if undertaken, can be made within sixty (60) days under existing governmental laws and regulations, such partial destruction shall not terminate this Agreement, except that Company shall be entitled to a proportionate reduction of fees while such repairs are being made. Based upon the extent to which making the repairs cannot be accomplished within sixty (60) days, Foundation, at its option, may make the same within a reasonable time, this Agreement continuing in effect, with the fees proportionately abated as aforesaid, and in the event that Foundation shall not elect to make such repairs which cannot be accomplished within sixty (60) days, this Agreement may be terminated at the option of either party. In the event that the building in which the Facilities may be situated is destroyed to an extent of not less than one-third of the replacement cost, Foundation may elect to terminate this Agreement whether the Facilities be injured or not. A total destruction of the building in which the Facilities are situated shall terminate this Agreement.
Sample 1
DESTRUCTION OF FACILITIES. If the Facilities are destroyed by fire or other casualty, then either party may terminate this Agreement on ten (10) days' notice to the other.
Sample 1
DESTRUCTION OF FACILITIES. In the event that Hospital facilities shall be partially damaged or destroyed by fire, earthquake, or other catastrophe, and such damage is sufficient tot render the facilities untenable but not entirely or substantially destroyed, this Agreement shall be suspended until such time as Hospital determines that the premises or the facilities shall again be tenantable.
Sample 1

Related to DESTRUCTION OF FACILITIES

  • Inspection of Facilities In order to meet their respective obligations under this Agreement, any Party may view or inspect facilities owned by another Party. Provided that reasonable notice is given, a Party shall not unreasonably deny access to relevant facilities for viewing or inspection by the requesting Party.

  • Condition of Facilities (i) Use of the Real Property of Purchaser for the various purposes for which it is presently being used is permitted as of right under all Applicable Laws related to zoning and is not subject to “permitted nonconforming” use or structure classifications. All Improvements are in compliance with all Applicable Laws, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. To the Knowledge of Purchaser, no part of any Improvement encroaches on any real property not included in the Real Property of Purchaser, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining property which encroach on any part of the Land.

  • No Dedication of Facilities Any undertaking by one Party to the other Party under any provision of this Agreement shall not constitute the dedication of the system or any portion thereof by the Party to the public or to the other Party, and it is understood and agreed that any such undertaking under any provision of this Agreement by a Party shall cease upon the termination of its obligations hereunder.

  • Termination of Facilities Declare the principal of and interest on the Loans, the Notes and the Reimbursement Obligations at the time outstanding, and all other amounts owed to the Lenders and to the Administrative Agent under this Agreement or any of the other Loan Documents (including, without limitation, all L/C Obligations, whether or not the beneficiaries of the then outstanding Letters of Credit shall have presented or shall be entitled to present the documents required thereunder) and all other Obligations (other than Hedging Obligations), to be forthwith due and payable, whereupon the same shall immediately become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived, anything in this Agreement or the other Loan Documents to the contrary notwithstanding, and terminate the Credit Facility and any right of the Borrower to request borrowings or Letters of Credit thereunder; provided, that upon the occurrence of an Event of Default specified in Section 12.1(j) or (k), the Credit Facility shall be automatically terminated and all Obligations (other than Hedging Obligations) shall automatically become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived, anything in this Agreement or in any other Loan Document to the contrary notwithstanding.

  • Use of Facilities and Equipment The Union shall have the right to use school facilities for meetings and school equipment, including, but not limited to, typewriters, computers, printers, duplicating equipment, FAX machines, calculating machines, and all types of audio-visual equipment when such equipment is not otherwise in use. The Union shall pay for the cost of all materials and supplies incident to such use and shall be responsible for proper operation of all such equipment.

  • Use of Facilities 35.1. In situations where a competitive LEC has the use of the facilities (i.e., Local Loop) to a specific customer premise, either through resale of local service or the lease of the Local Loop as an Unbundled Network Element, and Embarq receives a good faith request for service from a customer at the same premise or from another carrier with the appropriate customer authorization, the procedures below will apply.

  • DAMAGE TO FACILITIES The Student will promptly report damages and request necessary repairs, in accordance with established and published procedures. The Student is responsible for damages caused by the Student. Damages to shared or common areas not attributable to a responsible person are the joint responsibility of all persons sharing the space or area. UCF DHRL reserves the right to charge the Student for damages caused by the Student. Charges may include, but are not limited to, extraordinary pest control charges, repair of walls, furniture or fixtures, and damages to common areas. UCF DHRL also reserves the right to charge the Student for a portion of damages caused to spaces shared by the Student when the person responsible for damages to shared spaces cannot be identified.

  • Maintenance of Facilities 5.1 The Network Customer shall maintain its facilities necessary to reliably receive capacity and energy from the Host Transmission Owner’s transmission system consistent with Good Utility Practice. The Transmission Provider or Host Transmission Owner, as appropriate, may curtail service under this Operating Agreement to limit or prevent damage to generating or transmission facilities caused by the Network Customer’s failure to maintain its facilities in accordance with Good Utility Practice, and the Transmission Provider or Host Transmission Owner may seek as a result any appropriate relief from the Commission.

  • Termination of Facility The Borrowers may terminate this Agreement upon at least ten (10) Business Days' notice to the Agent and the Lenders, upon (a) the payment in full of the outstanding Term Loans, together with accrued interest thereon, and (b) the payment in full in cash of all reimbursable expenses and other Obligations.

  • Construction of the Project The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment/ Plot and accepted the floor plan, payment plan and the specification, amenities and facilities annexed along with this Agreement which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, FAR, and density norms and provisions prescribed by the relevant building bye-laws and shall not have an option to make any variation/ alteration/ modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of this Agreement.

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