To Reinstate Clause Examples

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To Reinstate. In the event of damage to or destruction of the Premises or the Estate (to the extent reasonably required for the beneficial use and occupation of the Premises and the rights granted by this Lease) by any of the Insured Risks then subject to: 6.1.2.1 the necessary labour and materials being and remaining available; 6.1.2.2 neither the policy of insurance effected by the Landlord having been vitiated nor payment of the policy monies having been refused in whole or in part by reason of any act, default or neglect of the Tenant; and 6.1.2.3 the Landlord being able to obtain all necessary consents, which it shall use all reasonable endeavours to obtain but the Landlord shall not be obliged to institute any appeal unless reputable Counsel advises the Landlord that there is a strong prospect of such appeal being successful; to diligently apply or procure the application of the insurance proceeds covering the rebuilding and reinstatement costs of the Premises or the Estate (to the extent reasonably required for the beneficial use and occupation of the Premises and the rights granted by this Lease) but excluding those proceeds relating to loss of rent for the purposes of rebuilding and reinstating the Premises (but for the avoidance of doubt not including tenant’s or trade fixtures and fittings) or the Estate (to the extent reasonably required for the beneficial use and occupation of the Premises and the rights granted by this Lease) making good any deficiency in the proceeds (except for any deficiency caused in whole or in part by any act, default or neglect of the Tenant) out of its own resources the Landlord shall use reasonable endeavours to procure that all works are carried out as soon as reasonably practicable in a good and workmanlike manner; PROVIDED THAT in the event of substantial damage to or destruction of the Building by an Insured Risk such rebuilding or reinstatement of the Premises shall be either in the form in which they were immediately before the damage or destruction or in that form with such modifications as: 6.1.2.4 may be required by any competent authority as a condition of the grant of any consent; 6.1.2.5 the Landlord may reasonably make to the design or specification of the Premises to reflect then current building practice; or 6.1.2.6 the Landlord may otherwise reasonably require; but so that the Building as rebuilt and reinstated shall provide accommodation for the Tenant not materially less convenient and commodious than that existi...
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To Reinstate. In case the Premises or any part thereof or the essential services supplying the premises shall at any time during the Term be destroyed or damaged by the Insured Risks so as to be unfit for occupation or use then (unless any monies payable under any policy of the Landlord shall be refused either by reason of any act omission neglect or default of the Tenant any undertenant or their respective employees servants agents independent contractors customers visitors licensees invitees or any other person under the Tenant’s or the undertenant’s control or by reason of any breach of the provisions of paragraph 17 of Schedule 4) and subject to the Landlord obtaining all necessary consents licences or approvals (which it shall use its best endeavours consistent with reasonable commercial prudence to obtain) as soon as reasonably practicable and when lawful so to do the Landlord will apply all monies received (other than in respect of loss of rent fees demolition site clearance the cost of boarding and propping and any sums paid to the Landlord to indemnify the Landlord for any liability as owner or as landlord of the Premises or otherwise payable on the occurrence of a risk not involving damage to the Premises all of which shall in all circumstances belong to the Landlord) by virtue of such insurance as aforesaid towards making good so far as practicable the damage to the Premises caused by the Insured Risks but this obligation shall be conditional upon the Tenant’s performance of the covenants on the Tenant’s part contained in paragraph 17 of Schedule 4
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To Reinstate. 5.3.1 In the event of the Demised Premises being destroyed or damaged by any Insured Risk then (subject to clause 6.5) to use all reasonable endeavours to lay out any moneys received under the said policy of insurance (except payments in respect of loss of rent which shall belong to the Landlord absolutely) to reinstate the Demised Premises or such part of it as shall have been so destroyed or damaged 5.3.3 In case it shall be impossible or impracticable to reinstate in accordance with paragraph 5. 3.1 above any moneys received under the said policy of insurance (except payments in respect of loss of rent which shall belong to the Landlord absolutely) shall be divided between the Landlord and the Tenant according to the value at the date of the damage or destruction of their respective interests in the Demised Premises (to be determined in default of agreement by a single arbitrator to be appointed by the President on the application of either party)
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To Reinstate. 15 5.4 Headlease....................................................... 15 5.5 Management of the Property...................................... 13 5.6 Information..................................................... 14
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To Reinstate. (a) Subject to any necessary labour and materials being and remaining available, which the Landlord must use reasonable endeavours to obtain as soon as possible to cause all insurance moneys received (except sums received for loss of rent) to be applied in clearing the site and reinstating the Building or the Premises (as the case may be) and to pay any shortfall out of its own moneys save to the extent that shortfall arises due to the failure of the Tenant to comply with its covenants in Schedule 3 paragraph 17 and/or paragraph 1.2 of this Schedule. (b) Any reference to reinstating the Building or the Premises in paragraphs 2, 3, 4 and 5 of this Schedule means that the Building or Premises are reinstated substantially as they were before the relevant damage or destruction but not so as to provide accommodation identical in layout if it would not be sensibly practicable to do so ) and so far as is reasonably practicable the Landlord, when reinstating the Building/Premises, shall use reasonable endeavours to use materials from sustainable sources subject always to having regard to the economic viability of such materials.
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Related to To Reinstate

  • PROTECTION OF TEACHERS A. Any case of assault upon a teacher by a student or parent shall be promptly reported to the Board or its designated representative. The Board shall promptly render all reasonable assistance to the teacher in connection with handling of the incident by law enforcement and judicial authorities. Time lost by a teacher in connection with such an incident shall not be charged against the teacher. B. The Board recognizes its responsibility to give reasonable support and assistance to teachers with respect to the maintenance of control and discipline in the classroom. Whenever a teacher determines that a particular student requires the attention of special counselors, social workers, law enforcement personnel, physicians, or other professional persons, such determination shall be promptly called to the attention of the administration. C. Reasonable support and assistance to teachers shall also include protection from liability from students and/or parents in cases of student misuse of the district’s electronic resources. The Association shall notify the Board of any intentional written, verbal, or physical act communicated through the district’s electronic resources in order for the Board to take appropriate action. D. The Board, with the advice of the Association Executive Committee, shall promulgate rules and regulations setting forth the procedures to be used in disciplining, suspending, and expelling students for misbehavior and other infractions of school rules and policies. Such rules and regulations shall define and classify such infractions. Such rules and regulations shall be distributed to students, teachers and parents at the beginning of each school year. The Association shall annually be encouraged to review such rules and regulations and propose policy changes for the improvement of the Code of Conduct. E. A teacher will have the right to review the contents of all records of the district pertaining to said teacher, excluding original references, originating after initial employment and to have a representative of the Association accompany him to such review. No material originating after initial employment will be placed in his personnel file unless the teacher has had an opportunity to review the material and has been furnished with a copy thereof. The teacher may submit a written notation regarding any material and the same shall be attached to the file copy of the material in question. If the teacher believes the material to be placed in his file is in error, he may receive adjustment provided cause is shown through the grievance procedure, whereupon the material will be corrected or expunged from the file. If the teacher is asked to sign material placed in his file, such signature shall be expressly understood as indicating his awareness of the material, but in no instance shall said signature be interpreted to mean agreement with the content of the material. Any disagreement shall be noted. All recommendations, written or oral, shall be based solely upon the contents of the teacher's personnel file. Master personnel files for all teachers will be maintained in the office of the Superintendent. Duplicate files may be maintained by supervisory personnel as an administrative convenience. However, it is expressly agreed that such duplicate files shall be maintained in all respects in strict conformity with the provisions of this Section of this Agreement.

  • Health Care Accountability Ordinance If Administrative Code Chapter 12Q applies to this contract, Contractor shall comply with the requirements of Chapter 12Q. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. Information about and the text of the Chapter 12Q, as well as the Health Commission’s minimum standards, is available on the web at ▇▇▇▇://▇▇▇▇▇.▇▇▇/olse/hcao. Contractor is subject to the enforcement and penalty provisions in Chapter 12Q. Any Subcontract entered into by Contractor shall require any Subcontractor with 20 or more employees to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section.

  • Employment Practices Contractor agrees to abide by the following employment laws: (i)Title VI and VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; (ii) Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; (iii) 45 CFR 90 which prohibits discrimination on the basis of age; (iv) Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities; and (v) Utah's Executive Order, dated December 13, 2006, which prohibits unlawful harassment in the work place. Contractor further agrees to abide by any other laws, regulations, or orders that prohibit the discrimination of any kind by any of Contractor’s employees.

  • Legal Protection The insurance covers expenses for lawyers, courts, experts, and witnesses when the owner, user or driver is a party to a dispute concerning the driving of the vehicle covered by this insurance. Such coverage only applies to disputes that arise during the insurance period. Legal aid coverage is a reimbursement scheme, which gives the right to compensation for reasonable and necessary documented expenses in such disputes that are covered by the insurance. The coverage applies to disputes that can be brought before the ordinary courts. The insurance company or Omocom will not in any way participate in or be a party to the dispute. The insured can choose a lawyer or registered legal assistant to assist in the dispute. If there are several parties on the same side in the same dispute, the insurance company or Omocom may demand that they use the same legal assistance. Always contact Omocom before making any commitments relating to a dispute. The insurance company or Omocom must be informed in writing as soon as possible and no later than one year after a dispute has arisen and a lawyer/registered legal assistant has been engaged. The insurance covers a maximum of 20 000 EUR. For disputes against the insurer, legal aid is covered by a maximum of 2 500 EUR. The insurance does not apply for disputes between the owner and the renter.

  • Family and Medical Leave (a) Employees who: (1) have been continuously employed for at least one (1) year; and (2) have either: (a) worked for at least 1250 hours during the twelve (12) month period immediately preceding the date when the application to take this leave is filed, or (b) were employed under a "full time" contract during the twelve (12) month period immediately preceding the date when the application to take this leave is filed, shall be eligible for "Family and Medical Leave" in accordance with the Family and Medical Leave Act, Public Law 103-3. (b) Family and Medical Leave may be taken by employees who are temporarily unable to work due to: (1) birth of a child where the employee is needed to care for such newborn [child care leave, see Section 10.06 above]; (2) placement of a child with the employee for adoption or ▇▇▇▇▇▇ care [adoption leave, see, Section 10.07]; (3) the need for the employee to care for a spouse, son, daughter or parent with a serious health condition [family care leave]; or (4) serious health conditions of the employee, as defined by the U.S. Department of Labor's Regulations, that make the employee unable to perform essential functions of his/her job (with or without reasonable accommodations for the disability, if such is required) [employee disability leave]. (c) Child Care Leave and Adoption Leave taken under this section as Family and Medical Leave may commence at any time during the one (1) year period following the date of birth or date of placement for adoption. (d) No more than twelve (12) weeks of Family and Medical Leave, as such, will be granted in any twelve (12) month period commencing with the first day of usage. (e) Where the necessity for this leave is foreseeable, the employee must give notice by requesting this Leave, in writing, at least thirty (30) days prior to the onset of the leave. Such written notice shall be filed with the Superintendent. In those situations where the employee is unable to give this thirty (30) day notice, notice of the request for the leave must be given at the earliest time possible, considering all the circumstances present. When "family care leave" or "employee disability leave" is foreseeable, based on planned medical treatment, the employee should try to schedule such planned medical treatment during non-assigned duty time. (f) Requests for "family care leave" must be supported by a health care provider certification verifying that a serious health condition exists and that the employee is needed to care for the family member and the estimated time needed for such care. Requests for "employee disability leave" must be supported by a health care provider certification verifying that a serious health condition exists and a statement that the employee is unable to perform the essential functions of his/her position. Requests for "intermittent or reduced schedule family care leave" or "reduced schedule employee disability leave" must be further supported by medical certification as to the necessity and expected duration of the leave; and, for planned medical treatments, the dates and duration of each treatment. (g) Employees covered by the medical insurance program set forth in Article XIII, Section 13.09, at the onset of a leave secured under this section may continue to participate in the program during the leave on the same terms and conditions that would have applied had no leave been taken. The premium portion payable by the employee, if any, is due on the first day of the month. (h) Except as specifically required by other provisions of this AGREEMENT with respect to any other type of leave taken concurrently with leave taken under this Section, no other employment benefits accrue during a family and medical leave and no other paid leave benefits (e.g., holiday pay) will be paid if such occur during a family and medical leave. The length of service of an employee on an approved family medical leave of absence shall not be broken, and the time spent on such leave shall be counted as continuous service. (i) Where there is medical necessity for "intermittent leave" or "reduced schedule leave" or "family care leave" or "employee disability leave, such are available, subject to agreement between the BOARD and the employee. However, the BOARD may require the employee to transfer for the duration of the leave to an equivalent position that better accommodates the proposed intermittent or reduced leave schedule, if such a position exists within the employee's classification. Employees on an intermittent or reduced leave schedule will have their salaries and/or hourly pay reduced to reflect the hours or days missed due to such leave unless paid leave (e.g., sick pay) is otherwise payable for time off work while on Family and Medical Leave pursuant to other provisions of this AGREEMENT. (j) Employees with accrued but unused personal days or sick leave days must use such paid leave first as part of any "family care leave" and/or "employee disability leave" taken under this Section. A request to use Family and Medical Leave under this Section shall also be deemed a request to take any paid leave (e.g., sick leave, personal days) the employee is eligible to take. Approval to take Family and Medical Leave also constitutes approval to take such other leave. (k) Employees who apply for and take a leave of absence under other sections of this Article (e.g., sick leave, medical/disability leave, child care leave or adoption leave), which leave is for a reason for which the employee would also be eligible or Family and Medical Leave under this Section and/or the Family and Medical Leave Act, shall also be deemed to be on Family and Medical Leave under this Section and shall be so notified by the Treasurer's office. (l) When returning from a leave under this Section, the employee will be placed in the same position that he/she held before taking this leave. If the employee was transferred to accommodate an intermittent leave or reduced hours leave, the employee will be returned to the position he/she held before being transferred for accommodation of the intermittent leave or reduced hours leave. If family and medical leave is taken in conjunction with child care leave, as provided for in Section 10.06 above, or adoption leave as provided for in Section 10.07 above, or medical/disability leave as provided in Section 10.03 above, the provisions of Section 10.06, 10.07 or 10.03, whichever is applicable, shall govern the return to work conditions for the employee. (m) The provisions of Section 10.01(g) and 10.03(c) shall also be applicable to the return of an employee from "Employee Disability Leave" granted under this Section. (n) In the event the Family and Medical Leave Act is repealed, this Section shall be null and void and of no further force and effect.