Failure to Rebuild. If Tenant shall not enter upon the repair or rebuilding of the improvements within a period of sixty (60) days after damage or destruction by fire or otherwise, and prosecute the same thereafter with such dispatch as may be necessary to complete the same within a reasonable period after said damage or destruction occurs, not to exceed one hundred eighty (180) days after the date of commencement of such repair or rebuilding, then, in addition to whatever other remedies Landlord may have either under this Lease, at law or in equity, the money received by and then remaining in the hands of the Depositary shall be paid to and retained by Landlord as security for the continued performance and observance by Tenant of the Tenant’s covenants and agreements hereunder, or Landlord may terminate this Lease and then be paid and retain the amount so held as damages resulting from the failure on the part of Tenant to comply with the provisions of this Article and may, in addition, pursue any other rights or remedies available to Landlord hereunder, by operations of law or in equity.
Failure to Rebuild. If (i) Tenant shall not enter upon the repair or rebuilding of the improvements within a period of ninety (90) days after the insurance proceeds are made available pursuant to Section 15.03 or (ii) after commencement of such repair or rebuilding, Tenant does not prosecute the same thereafter with such dispatch as may be necessary to complete the same within a reasonable period after said damage or destruction occurs, and the repair and rebuilding is not completed within one year from the date the insurance proceeds are made available pursuant to Section 15.03, then, in addition to whatever other remedies Landlord may have either under this Lease, at law or in equity, Landlord may retain the insurance proceeds, or the balance thereof remaining in the hands of the Depository as security for the continued performance and observance by Tenant of the Tenant's covenants and agreements hereunder, or Landlord may terminate this Lease or Tenant's possession of the Premises and then retain the amount so held as damages resulting from the failure on the part of Tenant to comply with the provisions of this Article.
Failure to Rebuild. In the event this Lease is not terminated following damage from fire or other casualty, but Landlord fails to substantially complete repairs or rebuilding within 270 days from the date of the casualty, Tenant may elect to terminate this Lease by providing Landlord with written notice of termination within thirty (30) days following said 270th day.
Failure to Rebuild. If the Lease is not terminated pursuant to Section 7.2 above and if Tenant shall not commence the repair or rebuilding of the Improvements within a period of ninety (90) days after damage or destruction by fire or otherwise (as the same may be extended by times necessary to adjust the insurance claims or obtain required permits or licenses (for which timely applications have been filed) or by any Force Majeure Event (as hereinafter defined)), and prosecute the same thereafter with such dispatch as may be necessary to complete the same within a reasonable period after said damage or destruction occurs, not to exceed three hundred sixty-five (365) days after the date of commencement of such repair or rebuilding (as the same may be extended by any Force Majeure Event or as reasonably necessary for Tenant to complete such work, provided that Tenant shall diligently pursue completion of the restoration work), then Tenant shall be deemed in default under this Lease, and in addition to all of its other remedies under Article 22.3, Landlord shall be paid and retain the amount held by the Landlord, which it can use, at its sole discretion.
Failure to Rebuild. 22 16.6 Limitation on Landlord's Liability.................................................................22 ARTICLE XVII - TRANSFERS BY LANDLORD.................................................................................22 17.1 Sales, Conveyance and Assignment...................................................................22 17.2 Effect of Sale, Conveyance or Assignment...........................................................22 -iii- 4 TABLE OF CONTENTS (CONTINUED)
Failure to Rebuild. If Sublessee shall not enter upon the repair or rebuilding of the improvements within a period of ninety (90) days after damage or destruction by fire or otherwise, and prosecute the same thereafter with such dispatch as may be necessary to complete the same within a reasonable period after said damage or destruction occurs, not to exceed one hundred eighty (180) days from the date of commencement of such repair or rebuilding, then, in addition to whatever other remedies Sublessor may have either under this Sublease, at law or in equity, Sublessor may retain insurance proceeds, or the balance thereof remaining in the hands of Sublessor, as security for the continued performance and observance by Sublessee of Sub1essee's covenants and agreements hereunder, or Sublessor may terminate this Sublease and then retain the amount so held as liquidated damages resulting from the failure on the part of Sublessee to comply with the provisions of this Paragraph.
Failure to Rebuild. If [“Proposer/ Operator”] shall not enter upon the restoration of the improvements within a period of ninety ( ) days after damage or destruction by fire or otherwise, and prosecute the same thereafter with such dispatch as may be necessary to complete the same within one hundred eighty ( ) days from the date of commencement of such restoration, then, in addition to whatever other remedies City may have either under this Agreement, at law or in equity, City shall receive the insurance proceeds, or the balance thereof remaining, as security for the continued performance and observance by [“Proposer/ Operator”] of [“Proposer/ Operator”]’ covenants and agreements hereunder, or City may terminate this Agreement and then receiving said amount as partial liquidated damages resulting from the failure of [“Proposer/ Operator”] to comply with the provision of this Article.
Failure to Rebuild. If Tenant shall be in default of its obligations ------------------ to the repair, restoration or rebuilding of the Improvements in accordance with the terms hereof then, in addition to whatever other remedies Landlord may have either under this Lease, at law or in equity, Landlord may, following thirty (30) days after written notice from Landlord to Tenant, retain the insurance proceeds (or receive such proceeds from the fiduciary institution), or the balance thereof remaining, as security for the continued performance and observance by Tenant of Tenant's covenants and agreements hereunder, or Landlord may terminate this Lease and then retain the amount so held as liquidated damages (without prejudice to any other rights and remedies of Landlord) resulting from the failure on the part of Tenant to comply with the provisions of this Article.
Failure to Rebuild. 17 -ii- ARTICLE XVII..................................................................18
Failure to Rebuild. Subject to Tenant’s termination rights under Section 7.1, if Tenant shall not commence the repair or rebuilding of the improvements within a period of ninety (90) days after damage or destruction by fire or otherwise (as the same may be extended by times necessary to adjust the insurance claims or by any Force Majeure Event (as hereinafter defined)), and prosecute the same thereafter with such dispatch as may be necessary to complete the same within a reasonable period after said damage or destruction occurs, not to exceed three hundred sixty-five (365) days after the date of commencement of such repair or rebuilding (as the same may be extended by any Force Majeure Event provided that Tenant shall diligently pursue completion of the restoration work), then Tenant shall be deemed in default under this Lease, and in addition to all of its other remedies under Article 19.2, Landlord shall be paid and retain the amount held by the Depositary which it can use, at its sole discretion.
