Common use of Duty to Repair Clause in Contracts

Duty to Repair. If the Project or any other improvement at any time on the Premises shall be damaged or destroyed by any cause whatsoever during the Term of this Agreement, Tenant shall, with reasonable promptness, repair and replace the same at its own expense, to a condition reasonably comparable to the condition existing immediately prior to the damage or destruction, but except for matters governed by ARTICLE 13 (Repair and Maintenance), only to the extent the proceeds of any insurance policies covering the loss are sufficient to reimburse Tenant therefor; provided, however, that if the proceeds of insurance are more than sufficient to pay the cost of the rebuilding, Tenant shall be entitled to retain that surplus.

Appears in 2 contracts

Samples: Ground Lease Agreement, Ground Lease Agreement

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Duty to Repair. If the Project or any other improvement at any time on the Premises shall be damaged or destroyed by any cause whatsoever during the Term and any Extension Terms of this Agreement, Tenant shall, with reasonable promptness, repair and replace the same at its own expense, to a condition reasonably comparable to the condition existing immediately prior to the damage or destruction, but except for matters governed by ARTICLE 13 using available insurance proceeds (Repair or such insurance proceeds as would have been available had Tenant carried the applicable insurance required under this Agreement) and Maintenance), only to the extent the proceeds payment of any deductibles and any additional rebuilding or replacement costs in excess of available insurance policies covering the loss are sufficient to reimburse Tenant thereforproceeds; provided, however, that if the proceeds of insurance are more than sufficient to pay the cost of the rebuilding, Tenant shall be entitled to retain that surplus.

Appears in 1 contract

Samples: Ground Lease Agreement

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Duty to Repair. If the Project or any other improvement at any time on the Premises shall be damaged or destroyed by any cause whatsoever during the Term of this Agreement, Tenant shall, with reasonable promptness, repair and replace the same at its own expense, to a condition reasonably comparable to the condition existing immediately prior to the damage or destruction, but except for matters governed by ARTICLE 13 (Repair and Maintenance)14, only to the extent the proceeds of any insurance policies covering the loss are sufficient to reimburse Tenant therefor; provided, however, that if the proceeds of insurance are more than sufficient to pay the cost of the rebuilding, Tenant shall be entitled to retain that surplus.

Appears in 1 contract

Samples: Ground Lease Agreement

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