Hurricane Clause Samples

Hurricane. A. Buildings are designed and constructed to resist wind pressures acting on the vertical and horizontal faces of the building, structure and portions thereof. Wind pressures are determined in accordance with the provisions of the International Building Code and American Society of Civil Engineers ASCE-7 Minimum Design Loads for Buildings and Other Structures.

Hurricane. In the event of a hurricane one (1) week prior to arrival, the Owners will offer guests the opportunity to reschedule their vacation. OWNER / MANAGEMENT CANCELLATION: In the highly exceptional circumstances of the owners or managers have to cancel a planned or confirmed booking, we will work with our management company and will endeavor to locate a suitable alternative rental property that is mutually agreed upon. If this is not possible, then ALL money paid will be refunded in full, but without interest and/or other compensation or liability for loss. Neither the property owners, nor the management company accept any responsibility (and no compensation will be payable). In addition to all the above, neither the owners, nor local management company will accept responsibility for or be able to offer refunds dues to the closure or congestion of airports, technical problems with transportation, or cancellation of schedule changes by carriers, whether schedule or charter.

Hurricane. From and after the Closing, the Seller, at its expense, will continue to control the resolution of the matters described in Schedule 3.10(c), including the prosecution and/or defense and settlement of all claims against or by the City of Hurricane or other third parties and any evaluation, remediation or repair activities taken at the Hurricane Facility with respect to such matters. The Buyer shall notify the Seller promptly of the Buyer’s receipt of any notices or other communications or correspondence relating to such matters, including the existence of any investigation or proceedings relating thereto. The Buyer shall also notify the Seller promptly upon becoming aware of any additional overflows of water that could cause any additional damage to the Hurricane Facility. So long as the Seller remains obligated under this indemnification, the Buyer shall give the Seller reasonable access to the Hurricane Facility for purposes of inspecting the building, engaging in testing, evaluation and remediation or repair activities and otherwise addressing these matters, provided that Seller shall not unreasonably interfere with the operations of the Business. The Buyer shall not admit that the Buyer or any tenant has legal responsibility under the lease for the Hurricane Facility or otherwise to any person for any of the matters described in Schedule 3.10(c). The Seller shall not be liable for any settlement of any claim relating to the matters described in Schedule 3.10(c)) or any remediation or repair measures at the Hurricane Facility in respect of such matters effected without its prior written consent. The Buyer shall cooperate in the prosecution and defense of all such claims and any remediation efforts and shall furnish such records, information and testimony, and attend such conferences, discovery proceedings, hearings, trials and appeals, as may be reasonably requested in connection therewith; provided that the Seller shall reimburse the Buyer for all of the Buyer’s costs and expenses incurred in connection with such cooperation and the other activities described in this sentence. The Seller shall be entitled to any reimbursements or payments from the City of Hurricane or from any third party in respect to any costs or expenses incurred by the Seller whether those costs or expenses were incurred before or after the Closing.