Common use of Destruction or Condemnation Clause in Contracts

Destruction or Condemnation. Without limiting the effects described in Section 8.3, above, and if during the term hereof any Store is damaged or destroyed by a fire or other casualty or is partially acquired or condemned by right of eminent domain for any public or quasi-public use or purpose, this Agreement shall remain in full force and effect except that: in the event of such casualty, the License Fee for the affected Licensed Premises shall xxxxx (except to the extent that such fees are recoverable from insurance proceeds) pursuant to Section 4.3, above, from the date of destruction until the restoration and re-opening for business of the affected Store; and in the event of a partial condemnation, the License Fee for the affected Licensed Premises shall xxxxx equitably and proportionately from: the date of the physical taking in an amount upon which the parties shall mutually agree according to the nature and extent of the taking of the affected Store and the affected Licensed Premises, if any.

Appears in 6 contracts

Samples: Gaming Devices License Agreement (Herbst Gaming Inc), Gaming Devices License Agreement (Herbst Gaming Inc), Gaming Devices License Agreement (Herbst Gaming Inc)

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Destruction or Condemnation. Without limiting the effects described in Section 8.3, above, 8.3 above and if during the term hereof any Store is damaged or destroyed by a fire or other casualty or is partially acquired or condemned by right of eminent domain for any public or quasi-public use or purpose, this Agreement shall remain in full force and effect except that: that in the event of such casualty, the License Rental Fee for the affected Licensed Premises Store shall xxxxx (except to the extent that such fees are recoverable from insurance proceeds) pursuant to Section 4.3, 4.3 above, from the date of destruction until the restoration and re-opening for business of the affected Storeproperty; and in the event of a partial condemnation, the License Rental Fee for the affected Licensed Premises shall xxxxx equitably and proportionately from: from the date of the physical taking in an amount upon which the parties shall mutually agree according to the nature and extent of the taking of the affected Store and the affected Licensed Premises, if any.

Appears in 1 contract

Samples: Gaming License Agreement (Herbst Gaming Inc)

Destruction or Condemnation. Without limiting the effects described in Section 8.3, above, and if during the term hereof any Store is damaged or destroyed by a fire or other casualty or is partially acquired or condemned by right of eminent domain for any public or quasi-public use or purpose, this Agreement shall remain in full force and effect except that: that in the event of such casualty, the License Fee Rental Fees for the affected Licensed Premises shall xxxxx (except to the extent that such fees are recoverable from insurance proceeds) pursuant to Section 4.34.4, above, from the date of destruction until the restoration and re-opening for business of the affected Storeproperty; and in the event of a partial condemnation, the License Fee Rental Fees for the affected Licensed Premises shall xxxxx equitably and proportionately from: from the date of the physical taking in an amount upon which the parties shall mutually agree according to the nature and extent of the taking of the affected Store and the affected Licensed Premises, if any.

Appears in 1 contract

Samples: Gaming License Agreement (Herbst Gaming Inc)

Destruction or Condemnation. Without limiting the effects described in Section 8.38.2, above, and if during the term hereof any Store is damaged or destroyed by a fire or other casualty or is partially acquired or condemned by right of eminent domain for any public or quasi-public use or purpose, this Agreement shall remain in full force and effect except that: that in the event of such casualty, the License Fee Rental Fees for the affected Licensed Premises shall xxxxx (except to the extent that such fees are recoverable from insurance proceeds) pursuant to Section 4.3, above, from the date of destruction until the restoration and re-opening for business of the affected Storeproperty; and in the event of a partial condemnation, the License Fee Rental Fees for the affected Licensed Premises shall xxxxx equitably and proportionately from: from the date of the physical taking in an amount upon which the parties shall mutually agree according to the nature and extent of the taking of the affected Store and the affected Licensed Premises, if any.

Appears in 1 contract

Samples: Gaming License Agreement (Herbst Gaming Inc)

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Destruction or Condemnation. Without limiting the effects described in Section 8.3, above, and if during the term hereof any Store is damaged or destroyed by a fire or other casualty or is partially acquired or condemned by right of eminent domain for any public or quasi-public use or purpose, this Agreement shall remain in full force and effect except that: that in the event of such casualty, the License Rental Fee for the affected Licensed Premises shall xxxxx (except to the extent that such fees are recoverable from insurance proceeds) pursuant to Section 4.3, above, from the date of destruction until the restoration and re-opening for business of the affected Storeproperty; and in the event of a partial condemnation, the License Rental Fee for the affected Licensed Premises shall xxxxx equitably and proportionately from: from the date of the physical taking in an amount upon which the parties shall mutually agree according to the nature and extent of the taking of the affected Store and the affected Licensed Premises, if any.

Appears in 1 contract

Samples: Gaming License Agreement (Herbst Gaming Inc)

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