Determination of Any Abatement if Use and Occupancy not Fully Restored Sample Clauses

Determination of Any Abatement if Use and Occupancy not Fully Restored. If the Facility is not replaced or repaired to substantially the same condition as existed prior to any damage or destruction, condemnation or title defect, then a determination shall be made regarding any partial abatement of Lease Payments as set forth in this Section 4.10(b)(iii). The City shall retain one or more independent appraisers selected by the City, who shall not be employees of the City, to determine the fair rental value of the Facility, or portion thereof, available to the City for use and occupancy following such event of damage or destruction, condemnation or title defect and the redemption of all or a portion of the 2022A Bonds pursuant to Section 2.2(d) of the Indenture as a result of such event. If based on such appraisal the fair rental value of the Facility available for use and occupancy by the City is less than the Maximum Lease Payment as set forth in Exhibit C in the current Lease Year, then the Maximum Lease Payment in the current Lease Year shall be abated to an amount equal to such fair rental value as determined by the appraiser and such Maximum Lease Payment shall increase by two percent (2%) in each subsequent Lease Year. The City shall provide the Trustee and the JEPA with a new schedule in the form of Exhibit C hereto setting forth the Maximum Lease Payment for the current and each subsequent Lease Year computed in accordance with the preceding sentence. Without any further action by the JEPA or the City, such schedule shall replace Exhibit C hereto as the Maximum Lease Payment schedule in effect hereunder. Notwithstanding anything to the contrary in this Facility Lease, for any appraisal done in connection with the provisions of this Section 4.10(b) or Article VI, the City shall provide information to the appraiser indicating the method used and all factors that were considered in determining the initial Maximum Lease Payment in effect on the Commencement Date such that the appraiser will have all relevant information prior to commencing work on an appraisal under this Section 4.10(b) or Article VI. In addition, prior to directing an independent appraiser to commence work on an appraisal under this Section 4.10(b) or Article VI, the City shall notify RIDA that an appraisal will be conducted and will provide to the appraiser any information furnished by RIDA to the City with respect to determining the fair rental value of the Facility as described above.
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Related to Determination of Any Abatement if Use and Occupancy not Fully Restored

  • Leave for Storms or Hazardous Conditions (a) Time lost by an employee as a result of absence or lateness due to storm conditions or because of the condition of public streets and highways or because an employee finds it necessary to seek permission to leave prior to the end of the regular shift must be:

  • Compensation for Damage or Loss (1) When investments made by investors of either Contracting Party suffer damage or loss owing to war or other armed conflict, a state of national emergency, revolt, civil disturbances, insurrection, riot or other similar events in the territory of the other Contracting Party, they shall be accorded by the latter Contracting Party, treatment, as regards restitution, indemnification, compensation or other settlement, not less favourable than that the latter Contracting Party accords to its own investors or investors of any third state, whichever is the most favourable.

  • REIMBURSEMENT FOR PROPERTY DAMAGE In the event that an employee, required or authorized by his/her Agency/Department Head to use a private automobile on County business, while so using the automobile, should incur property damage to the employee's automobile through no negligence of the employee, and the employee is unable to recover the cost of such property damage from either his/her own insurance company or from any other driver, or other source, such costs shall be paid to such employee of the County, in a sum not exceeding $500, provided that any claims the employee may have against his/her insurance company or any third party have been litigated or settled, and provided further, that the employee is not found guilty of a violation of the California Vehicle Code or Penal Code in connection with the accident causing such damage. Employees shall submit proof of loss, damage or theft (i.e., appropriate police report and/or estimated statement of loss) to the Agency/Department Head within 30 days of such loss, damage or theft. Property damage or loss incurred to the private automobile while located on the street or at the parking facility serving the employee’s normal place of work shall not be compensated under this section, but property damage or loss incurred to the private automobile while located on the street or at the parking facility serving the employee’s County business destination shall be compensated as provided above.

  • Tenant Responsibility Good housekeeping is expected of everyone. Tenant agrees to keep quarters clean and in a sanitary condition. The Tenants agree not to permit any deterioration or destruction to occur while they are occupying the property.

  • Leave for Storm Or Hazardous Conditions It is the responsibility of the Nurse to make every reasonable effort to arrive at their work location as scheduled, however, during storm conditions, when such arrival is impossible, or delayed, all absent time will be deemed to be leave, and the Nurse has the option to:

  • Tenant Responsibilities (a) Tenant shall immediately notify the Project Manager of the damage and intent to xxxxx rent, when the damage is or becomes sufficiently severe that Tenant believes he/she is justified in abating rent. [966.4 (h)(1)]

  • Right to Refuse Dangerous Work An employee shall have the right to refuse to work in situations, which can reasonably be considered dangerous.

  • Noise Abatement Contractor shall operate, conduct, or construct without violating the City’s Noise Abatement Ordinance codified in the SDMC.

  • DAMAGE TO COUNTY FACILITIES, BUILDINGS OR GROUNDS 8.16.1 The Contractor shall repair, or cause to be repaired, at its own cost, any and all damage to County facilities, buildings, or grounds caused by the Contractor or employees or agents of the Contractor. Such repairs shall be made immediately after the Contractor has become aware of such damage, but in no event later than thirty (30) days after the occurrence.

  • Landlord’s Liability If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.

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