Partial Damage or Destruction. If, during the Term, any Property shall be totally or partially destroyed but the Facility is not rendered Unsuitable for Its Permitted Use, Tenant shall, subject to Section 10.2.3, promptly restore such Facility as provided in Section 10.2.4.
Partial Damage or Destruction. If, during the Term, the Leased Property shall be partially destroyed but the Hotel is not rendered Unsuitable for Its Permitted Use, Tenant shall, subject to Section 10.2.3, promptly restore the Hotel as provided in Section 10.2.4.
Partial Damage or Destruction. If, during the Term, any Property shall be totally or partially destroyed but the Travel Center located thereon is not rendered Unsuitable for Its Permitted Use, Tenant shall, subject to Section 10.2.3, promptly restore such Travel Center as provided in Section 10.2.4.
Partial Damage or Destruction. If the Premises or the Building should be damaged by any perils covered by the insurance to be provided by Landlord under Paragraph 9A above and, in Landlord's estimation, rebuilding or repairs can be substantially completed within one hundred fifty (150) days after the date of such damage, then this Lease shall not terminate and Landlord shall restore the Premises to its previous condition, except that Landlord shall not be required to rebuild, repair or replace any part of the partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises for the benefit of or by or for Tenant. In the event of partial damage to the Premises, rent shall xxxxx for the period of reconstruction for the portion of the Premises that cannot be occupied due to the casualty.
Partial Damage or Destruction. Except as provided in Section 10.8, if, during the Term, all or any portion of the Leased Property shall be totally or partially destroyed by fire or other casualty and the Facility is not thereby rendered Unsuitable for its Primary Intended Use, Tenant shall promptly restore the Facility to substantially the same condition as existed immediately before such damage or destruction; provided, however, that if Tenant cannot, using diligent efforts, obtain all government approvals, including building permits, licenses, conditional use permits and certificates of need, necessary to perform all required repair and restoration and to operate the Facility for its Primary Intended Use in substantially the same manner as existed immediately prior to such damage or destruction within one hundred eighty (180) days after the date of such fire or casualty, Tenant shall, within thirty (30) days thereafter elect, by written notice to Landlord, either (a) to substitute a new property or properties for the Leased Property in accordance with the provisions of Article 16, or (b) purchase the Leased Property for a purchase price equal to the greater of the then Minimum Repurchase Price or the Fair Market Value Purchase Price of the Leased Property immediately prior to such damage or destruction. Failure of Tenant to give such notice within such period shall be deemed an election by Tenant to purchase the Leased Property. Within thirty (30) days after receipt of Tenant's notice, Landlord shall give Tenant written notice as to whether Landlord accepts such offer. Failure of Landlord to give such notice shall be deemed an election by Landlord to accept Tenant's offer. If Landlord shall reject such offer, Tenant shall elect, by written notice to Landlord, given within thirty (30) days thereafter, either (a) to withdraw such offer, in which event this Lease shall remain in full force and effect with and Tenant shall proceed to restore the Facility as soon as reasonably practicable to substantially the same condition as existed immediately before such damage or destruction, or (b) terminate this Lease. Failure of Tenant to give such notice within such period shall be deemed an election by Tenant to restore the Leased Property. In the event Landlord shall accept Tenant's offer to purchase the Leased Property, this Lease shall terminate with respect thereto upon payment of the purchase price. In the event Landlord shall accept Tenant's offer to substitute a new property or properties,...
Partial Damage or Destruction. In the event that the Site and/or the Project is partially damaged or destroyed before final completion, the Entity shall repair and/or have repaired the Site and/or the Project utilizing the proceeds from insurance which were deposited into the Escrow up to the amount of the Entity’s actual costs for the repair or reconstruction, and District shall pay the Entity any excess amounts needed to pay the costs of repair or reconstruction. In the event the costs of repair or reconstruction do not exceed the amount held in the Escrow, the remaining funds shall be released to District. In the event that the Site and/or the Project is partially damaged or destroyed after final completion but before expiration of the Lease Term, the District shall repair or have repaired the Site and/or the Project utilizing the proceeds from insurance which were deposited into the Escrow. If District fails or refuses to repair or reconstruct as provided herein, then the Entity shall have the right to repair and restore the Site and/or the Project, in which case the Entity shall be entitled to a disbursement of the funds in the Escrow up to the amount of the Entity’s actual costs for the repair or reconstruction, and District shall pay the Entity any excess amounts needed to pay the costs of repair or reconstruction. In the event the costs of repair or reconstruction do not exceed the amount held in the Escrow, the remaining funds shall be released to District.
Partial Damage or Destruction. If any Improvement is damaged or destroyed to less than seventy-five percent (75%) of its full replacement cost at a time when there is more than thirty-six (36) months remaining on the Lease Term, and if neither the Lessor nor the Lessee has exercised its right to terminate this Lease as provided in Section 17.1 (collectively "Destruction"), then Lessee shall promptly restore such damage and destruction within the time and in the manner provided in this Lease, and this Lease shall remain in full force and effect.
Partial Damage or Destruction. In case of damage to or destruction of less than fifty percent (50%) of the Premises, Landlord shall, at its own expense, promptly repair and restore the Premises substantially to the condition which existed prior to such damage or destruction. The proceeds of any insurance covering such damage or destruction shall be made available to Landlord for such repair or replacement. Rent payable under this Lease shall be abated, by an amount equal proportional amount of the Premises determined to be untenantable, during any period of repair or replacement.
Partial Damage or Destruction. If the Leased Premises should be damaged by fire, tornado, or other casualty and can be repaired or restored within one hundred and eighty (180) days, neither Landlord nor Tenant shall have the option to terminate this Lease and Landlord shall, to the extent of insurance proceeds received, then proceed with reasonable diligence to rebuild and repair the Leased Premises to substantially the same condition in which the Leased Premises existed prior to such damage so as to continue to be UL certified. If the Leased Premises are untenantable in whole or in part prior to or during such repair and restoration, the Rental payable hereunder during the period in which the Leased Premises are untenantable shall be reduced to such extent as may be fair and reasonable under all of the circumstances. If such damage occurs during the last year of the Primary Term or any Extension, either Landlord or Tenant may terminate this Lease by delivering written notice of termination to the other.
Partial Damage or Destruction. If, during the Term, the Leased Property shall be partially destroyed but the Project is not rendered Unsuitable for Its Permitted Use, Tenant shall, subject to Section 10.2.3, promptly restore the Project as provided in Section 10.2.4.
