Common use of Substantial Damage Clause in Contracts

Substantial Damage. If any part of Airline Premises, or adjacent facilities directly and substantially affecting the use of Airline Premises, shall be so extensively damaged by fire or other casualty as to render any portion of said Airline Premises untenable but capable of being repaired, as reasonably determined by AUTHORITY, the same shall be repaired to usable condition with due diligence by AUTHORITY as hereinafter provided. If such repairs have not been commenced by AUTHORITY within 90 days of such damage, AIRLINE shall have the option to terminate its agreement related to those facilities so damaged. In such case, the rentals payable hereunder with respect to AIRLINE's affected Airline Premises shall be paid up to the time of such damage and shall thereafter be abated equitably in proportion as the part of the area rendered untenable bears to total Airline Premises until such time as such affected Airline Premises shall be restored adequately for AIRLINE's use. AUTHORITY shall use its best efforts to provide AIRLINE with alternate facilities acceptable to AIRLINE to continue its operation while repairs are being completed, at a rental rate not to exceed that provided for in this Agreement for comparable space.

Appears in 4 contracts

Samples: Use and Lease Agreement, Use and Lease Agreement, Use and Lease Agreement

AutoNDA by SimpleDocs

Substantial Damage. If any part of Airline Premises, or adjacent facilities directly and substantially affecting the use of Airline Premises, shall be so extensively damaged by fire or other casualty as to render any portion of said Airline Premises untenable untenantable but capable of being repaired, as reasonably determined by AUTHORITY, the same shall be repaired to usable condition with due diligence by AUTHORITY as hereinafter provided. If such repairs have not been commenced by AUTHORITY within 90 days of such damage, AIRLINE shall have the option to terminate its agreement related to those facilities so damagedhere in after provided and limited. In such case, the rentals payable hereunder with respect to AIRLINE's Airline’s affected Airline Premises shall be paid up to upto the time of such damage and shall thereafter be abated equitably in proportion as the part of the area are a rendered untenable untenantable bears to total Airline Premises until such time as such affected Airline Premises shall be restored adequately for AIRLINE's Airline’s use. , AUTHORITY shall use its best reasonable efforts to provide provide, but does not guarantee, AIRLINE with alternate facilities acceptable to AIRLINE to continue its operation while repairs are being completed, at a rental rate not to exceed that provided for in this Agreement for comparable space. AUTHORITY shall not be liable to AIRLINE for any consequential, compensatory or exemplary damages.

Appears in 1 contract

Samples: Use and Lease Agreement (Global Crossing Airlines Group Inc.)

Substantial Damage. If any part of Airline Premises, or adjacent facilities directly and substantially affecting the use of Airline Premises, shall be so extensively damaged by fire or other casualty as to render any portion of said Airline Premises untenable untenantable but capable of being repaired, as reasonably determined by AUTHORITY, the same shall be repaired to usable condition with due diligence by AUTHORITY as hereinafter providedprovided and limited. If such repairs have not been commenced by AUTHORITY within 90 days of such damage, AIRLINE shall have the option to terminate its agreement related to those facilities so damaged. In such case, the rentals payable hereunder with respect to AIRLINE's affected Airline Premises shall be paid up to the time of such damage and shall thereafter be abated equitably in proportion as the part of the area rendered untenable untenantable bears to total Airline Premises until such time as such affected Airline Premises shall be restored adequately for AIRLINE's use. AUTHORITY shall use its best reasonable efforts to provide AIRLINE with alternate facilities acceptable to AIRLINE to continue its operation while repairs are being completed, at a rental rate not to exceed that provided for in this Agreement for comparable space.

Appears in 1 contract

Samples: And Lease Agreement

Substantial Damage. If any part of Airline Premises, or adjacent facilities directly and substantially affecting the use of Airline Premises, shall be so extensively damaged by fire or other casualty as to render any portion of said Airline Premises untenable untenantable but capable of being repairedrepaired within a reasonable period of time, as reasonably determined by AUTHORITY, the same shall be repaired to usable condition with due diligence by AUTHORITY as hereinafter provided. If such repairs have not been commenced by AUTHORITY within 90 days of such damage, AIRLINE shall have the option to terminate its agreement related to those facilities so damagedprovided and limited. In such case, the rentals payable hereunder with respect to AIRLINE's ’s affected Airline Premises shall be paid up to the time of such damage and shall thereafter be abated equitably in proportion as the part of the area rendered untenable untenantable bears to total Airline Premises until such time as such affected Airline Premises shall be restored adequately for AIRLINE's ’s use. AUTHORITY shall use its best reasonable efforts to provide AIRLINE with alternate facilities acceptable to AIRLINE to continue its operation while repairs are being completed, at a rental rate not to exceed that provided for in this Agreement for comparable space.

Appears in 1 contract

Samples: Signatory Airline Use and Lease Agreement

AutoNDA by SimpleDocs

Substantial Damage. A. If any part of Airline Premises, or adjacent facilities directly and substantially affecting the use of Airline Premises, shall be so extensively damaged by fire or other casualty as to render any portion of said Airline Premises untenable untenantable but capable of being repaired, as reasonably mutually determined by AUTHORITYNOAB and AIRLINE, the same shall be repaired to usable a good and working condition that is substantially similar to the condition existing prior to the damage with due diligence by AUTHORITY NOAB as hereinafter provided. If such repairs have not been commenced by AUTHORITY NOAB within 90 forty-five (45) days of such damageand completed within a mutually agreed upon commercially reasonable time period, AIRLINE shall have the option to terminate its agreement related this Agreement in relation to those facilities so damaged. In such case, the rentals payable hereunder with respect to AIRLINE's affected Airline Premises shall be paid up to the time of such damage and shall thereafter be abated equitably in proportion as the part of the area rendered untenable intenantable bears to total Airline Premises until such time as such affected Airline Premises shall be restored adequately for AIRLINE's use. AUTHORITY NOAB shall use its best efforts to provide AIRLINE with alternate facilities acceptable to AIRLINE to continue its operation while repairs are being completed, at a rental rate not to exceed that provided for in this Agreement for comparable space.

Appears in 1 contract

Samples: Use and Lease Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.