Common use of Facility Damage Clause in Contracts

Facility Damage. There shall not have been any damage or casualty loss to the Hammond, Louisiana facility or any Business Assets located at such site as a result of Hurricane ▇▇▇▇▇▇▇ such that (i) the facility or the Business Assets thereat shall not be operational in all material respects at Closing or (ii) the Sellers shall not have committed to use commercially reasonable efforts to, at Sellers’ expense, repair or replace such damaged facility and Business Assets in order to make the facility and the Business Assets thereat operational in all material respects within 90 days following the Closing and to indemnify and hold harmless Purchaser for any Losses incurred by Purchaser arising from or related to Purchaser’s inability to use the facility; provided, however, that following the Closing, Purchaser agrees to remit to Sellers any insurance proceeds paid to Purchaser by Sellers’ insurers as a result of such damages or casualty losses.