Common use of Partial Damage Clause in Contracts

Partial Damage. 14.2.1 If a Concession Facility is partially damaged by fire, explosion, the elements, the public enemy, or other casualty, but not rendered unusable, and the Director elects to repair the Facility, the City shall proceed with due diligence to do so at its own cost and expense and the Concessionaire, notwithstanding Section 17.26, shall continue to make payments hereunder during such period of repair; provided that if the Director determines that the revenue-producing capability of the Facility has been impaired, then the Minimum Guarantee Fee with respect to such Facility shall be reduced in proportion to the degree of impairment as determined by the Director until repair of the Facility has been completed. Notwithstanding the foregoing, if the damage is caused by an act or omission of the Concessionaire, its agents, employees, suppliers, Subcontractors, or contractors, the Concessionaire shall be responsible for the cost of repairing said Facility and shall pay the costs therefor. During any period where Concessionaire repairs said Facility at its own cost under the terms of the immediately preceding sentence, the full Minimum Guarantee Fee with respect to the Facility shall be payable.

Partial Damage. 14.2.1 13.2.1. If a Concession Facility is partially damaged by fire, explosion, the elements, the public enemy, or other casualty, but not rendered unusable, and the Director elects to repair the Facility, the City shall proceed with due diligence to do so at its own cost and expense and the Concessionaire, notwithstanding Section 17.2616.26., shall continue to make payments hereunder during such period of repair; provided that if the Director determines that the revenue-producing capability of the Facility has been impaired, then the Minimum Guarantee Fee with respect to such Facility shall be reduced in proportion to the degree of impairment as determined by the Director until repair of the Facility has been completed. Notwithstanding the foregoing, if the damage is caused by an act or omission of the Concessionaire, its agents, employees, suppliers, Subcontractors, or contractors, the Concessionaire shall be responsible for the cost of repairing said Facility and shall pay the costs therefor. During any period where Concessionaire repairs said Facility at its own cost under the terms of the immediately preceding sentence, the full Minimum Guarantee Fee with respect to the Facility shall be payable.

Partial Damage. 14.2.1 If a Concession Facility any part of the Leased Premises is partially damaged by fire, explosion, the elements, the public enemy, or other casualty, but not rendered unusable, and the Director President elects to repair the Facilitysame, the City Authority shall proceed with due diligence to do so at its own cost and expense and the Concessionaire, notwithstanding Section 17.26, Concessionaire shall continue to make payments hereunder during such period of repair; provided that if the Director President determines that the revenue-revenue producing capability of the Facility Facilities has been impaired, then the Minimum Guarantee Fee Concession Fees and/or Utility Charges with respect to such Facility the Leased Premises shall be reduced in proportion to the degree of impairment as determined by the Director President until repair of the Facility Leased Premises has been completed. Notwithstanding the foregoing, if the damage is caused by an act or omission of the Concessionaire, its agents, employees, suppliers, Subcontractorssubcontractors, joint venture partners, or contractors, the Concessionaire shall be responsible for the cost of repairing said Facility same and shall pay the costs therefortherefore. During any period where Concessionaire repairs said Facility the Leased Premises at its own cost under the terms of the immediately preceding sentence, the full Minimum Guarantee Fee all Concession Fees and Utility Charges with respect to the Facility Leased Premises shall be payable.

Partial Damage. 14.2.1 13.2.1 If a Concession the Facility is partially damaged by fire, explosion, the elements, the public enemy, or other casualty, but not rendered unusable, and the Director elects to repair the Facility, the City shall proceed with due diligence to do so at its own cost and expense and the Concessionaire, notwithstanding Section 17.2616.26, shall continue to make payments hereunder during such period of repair; provided that if the Director determines that the revenue-producing revenue‐producing capability of the Facility has been impaired, then the Minimum Annual Guarantee Fee with respect to such Facility shall be reduced in proportion to the degree of impairment as determined by the Director until repair of the Facility has been completed. Notwithstanding the foregoing, if the damage is caused by an act or omission of the Concessionaire, its agents, employees, suppliers, Subcontractors, or contractors, the Concessionaire shall be responsible for the cost of repairing said Facility and shall pay the costs therefor. During any period where Concessionaire repairs said Facility at its own cost under the terms of the immediately preceding sentence, the full Minimum Annual Guarantee Fee with respect to the Facility shall be payable.

Partial Damage. 14.2.1 13.2.1. If a Concession Facility is partially damaged by fire, explosion, the elements, the public enemy, or other casualty, but not rendered unusable, and the Director elects to repair the Facility, the City shall proceed with due diligence to do so at its own cost and expense and the Concessionaire, notwithstanding Section 17.2616.25., shall continue to make payments hereunder during such period of repair; provided that if the Director determines that the revenue-producing capability of the Facility has been impaired, then the Minimum Guarantee Fee with respect to such Facility shall be reduced in proportion to the degree of impairment as determined by the Director until repair of the Facility has been completed. Notwithstanding the foregoing, if the damage is caused by an act or omission of the Concessionaire, its agents, employees, suppliers, Subcontractors, or contractors, the Concessionaire shall be responsible for the cost of repairing said Facility and shall pay the costs therefor. During any period where Concessionaire repairs said Facility at its own cost under the terms of the immediately preceding sentence, the full Minimum Guarantee Fee with respect to the Facility shall be payable.