Insufficient Proceeds. If the proceeds of any insurance settlement are not sufficient to pay the costs of Tenant's repair, rebuilding or restoration under Section 9.4 in full, Tenant shall deposit with Landlord at Landlord's option, and within 10 days of Landlord's request, an amount sufficient in Landlord's reasonable judgment to complete such repair, rebuilding or restoration. Tenant shall not, by reason of the deposit or payment, be entitled to any reimbursement from Landlord or diminution in or postponement of the payment of the Rent.
Insufficient Proceeds. Notwithstanding any contrary language in this Article 11, if this Article 11 obligates Landlord to repair damage to the Premises or Building caused by casualty, and if Landlord does not receive sufficient insurance proceeds (excluding any deficiency caused by the amount of any policy deductible) to repair all of the damage, or if the lender under any Mortgage does not release to Landlord sufficient insurance proceeds to repair all of the damage, then Landlord, at Landlord’s option, by notifying Tenant within 45 days after the casualty, may terminate this Lease effective on the date of Landlord’s notice.
Insufficient Proceeds. If the proceeds of any insurance settlement are not sufficient to pay the costs of Tenant’s repair, rebuilding or restoration under §9.4 in full, Tenant shall deposit with Landlord at Landlord’s option, and within 10 days of Landlord’s request, an amount sufficient in Landlord’s reasonable judgment to complete such repair, rebuilding or restoration or shall provide Landlord with evidence reasonably satisfactory to Landlord that Tenant has available the funds needed to complete such repair, rebuilding or restoration. Tenant shall not, by reason of the deposit or payment, be entitled to any reimbursement from Landlord or diminution in or postponement of the payment of the Rent.
Insufficient Proceeds. If Landlord does not receive sufficient insurance proceeds (excluding the amount of any policy deductible) to repair all damage to the Premises or the Property caused by any Casualty, or if Landlord's lender does not allow Landlord to use sufficient proceeds to repair all such damage, then notwithstanding anything to the contrary in Sections 11.1, 11.2 and 11.3, Landlord may, at Landlord's option, by notifying Tenant within 30 days after the Casualty, terminate this Lease effective on the date 60 days after the date of Landlord's notice.
Insufficient Proceeds. If the net insurance proceeds paid to Landlord in connection with any such damage or destruction are insufficient to restore the affected Facilit(ies), Tenant shall nevertheless remain responsible, at its sole cost and expense, to repair and reconstruct the applicable Facilit(ies) as required in this Article X and Tenant shall provide the required additional funds. Tenant expressly assumes all risk of loss in connection with any damage or destruction to a Facility, whether or not such damage or destruction is insurable or insured against. Tenant shall pay any insurance deductible and any other uninsured Losses. Proceeds of business interruption or similar insurance, if any, shall belong to Tenant, provided that such proceeds shall be used in the first instance to timely pay Base Rent and otherwise satisfy Tenant’s obligations under this Lease, and notwithstanding anything in this Lease to the contrary, Tenant shall not have any right under this Lease, and hereby waives all rights under applicable law, to xxxxx, reduce, or offset rent by reason of any damage or destruction of any Facility by reason of an insured or uninsured casualty.
Insufficient Proceeds. If the proceeds of any insurance settlement ---------------------- are not sufficient to pay the costs of such repair, rebuilding or restoration in full, Mortgagor shall deposit with Mortgagee at Mortgagee's option, and within 10 days of Mortgagee's request, an amount sufficient in Mortgagee's judgment to complete such repair, rebuilding or restoration. Mortgagor shall not, by reason of the deposit or payment, be entitled to any reimbursement from Mortgagee or diminution in or postponement of the payments to Mortgagee on the Note. 3.13.5
Insufficient Proceeds. In the event of a loss if there is no distribution of insurance proceeds as contemplated by Article 16.2.2 or if the loss distribution does not cover all of the loss which has occurred, in either case due to the failure of Seller to procure and maintain effective insurance required by this Agreement, Seller shall promptly pay to Purchaser for distribution pursuant to Article 16.2, an amount equal to the amounts that would have been distributed under such Article 16.1 if such insurance had been in effect.
Insufficient Proceeds. In any and all events, Borrower acknowledges responsibility for full payment of the indebtedness evidenced by the Note. If the net proceeds of sale are insufficient to satisfy in full said indebtedness, the Secured Party may proceed by separate lawsuit or proceeding against the Borrower for any deficiency.
Insufficient Proceeds. If the proceeds of any insurance settlement are not sufficient to pay the costs of Tenant’s repair, rebuilding or restoration under §9.4 in full, Tenant shall bear the cost of any shortfall.
Insufficient Proceeds. If the insurance proceeds available for any repair, restoration, rebuilding or replacement required by Section 16.2 are inadequate to pay the cost thereof, Tenant shall pay the deficiency.
